The K3 Marriage Visa:
The K-3 visa is an immigrant visa for the foreign spouse of
a United States citizen or Lawful Permanent
Resident. If you are already married to, (or about
to marry) someone from another country, this is the
visa for you. On December 21, 2000 the Legal
Immigration and Family Equity Act (LIFE Act) was
signed into law. One of the provisions this
legislation is the creation of K3 and K4
non-immigrant visas for spouses of US Citizens who
are outside the US, and the children of those
foreign spouses. These visas were created to allow
reunification of families of US Citizens, by
allowing the spouse and children to enter the United
States as non-immigrants, and filing for Adjustment
of Status inside the United States, rather than
waiting for Consular immigrant visa processing.
Provisions for processing for the K3/K4 became
effective on August 14, 2001 after coordination
required between USCIS (INS) and the State
Department The procedural requirements of the K3
marriage visa are similar to the K1 (fiancée visa);
however, the marriage visa is much more involved
than the K1 visa.
If you are a U.S. Citizen or a U.S. Resident and
already married to a foreign national, you must file
for an I-130 Immigration Petition and Immigration
Marriage Visa. Once the Petition has been approved
by the USCIS, the second step involves the filing of
the foreign spouse's K-3 Visa application, the
foreign spouse's interview and the eventual issuance
of the K-3 Visa in the country where the couple was
legally married. It is important to note that a K-3
Visa may only be issued by the U.S. Embassy or
Consulate in the country where the couple was
married. Children may qualify for a K4 visa if they
are a minor, unmarried child less than 21 years of
age of a qualified K3 visa applicant Once the K3
visa is issued the spouse is then free to enter the
United States for purposes of immigration. Several
months after the spouse arrives, he or she will
receive a Conditional Permanent Resident Card
(Conditional Green Card) or, if the couple has
already been married for two years or more, a
Permanent Resident Card (Permanent Green Card). The
alien spouse also may apply for work authorization
with the USCIS in order to accept employment in the
United States.
Benefits of the K3 Marriage Visa:
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The K3/K4 is a multiple entry visa that allows you to reenter the United States without Advance Parole
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Your children can accompany you to the U.S. on the K-4 dependent visa as long as they are named petition
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You can apply for a work permit by filing Form I-765 and engage in employment
Additionally, a marriage that takes place abroad may pose unique challenges in obtaining a K3 visa. If you are considering marrying overseas, but have not already done so, we encourage you to call our offices so we may advise you on your particular situation. Depending on where you live in the U.S. and where your fiancée lives, it may or may not be in your best interest to marry your fiancée before bringing her to the U.S.
Please contact our office and one of our attorneys can advise you regarding your specific situation.
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540-814-1883 USA
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540-489-8904 USA