K-3 Non-Immigrant Visa for Spouses of U.S. Citizens

U.S. citizens that marry foreign nationals outside of the U.S. must apply for a visa that allows their spouse to enter the U.S. One nonimmigrant option is to apply for a K-3 visa for their foreign-born spouse. The U.S. citizen may also apply for a K-4 visa for their spouse's unmarried children under 21 years of age. The K-3 visa and the K-4 visa were a creation of the Legal Immigration Family Equity Act and its amendments (LIFE Act), and are both temporary visas. The visas allow the K-3 and K-4 beneficiaries to enter the U.S. and file for adjustment of status after being admitted. While the green card petition is pending, the K-3 visa and K-4 visa beneficiaries may remain in the U.S., as well as apply for employment authorization until becoming permanent residents.

Eligibility for the K-3 Visa

• Spouse of a U.S. citizen;
• A petition for an immigrant relative has been filed by the U.S. citizen;
• The spouse of the U.S. citizen will enter the U.S. to await the approval of the petition and subsequent lawful permanent resident status; and,
• A petition for an alien fiancé has been approved and forwarded to the American consulate abroad in the same country that the marriage to the U.S. citizen took place as long as that country issues immigrant visas. However, if the marriage took place in the U.S., the approved petition would go to the consulate issues visas in the country of nationality of the foreign national spouse.

Eligibility for the K-4 Visa

• Child of a foreign national eligible for the K-3 visa; and
• Unmarried and under 21 years of age.

The K-3 visa process can be lengthy and full of obstacles. Immigration Law Associates, P.C. has years of experience assist clients through the process and overcoming challenges along the way. We are more ready to support you through the steps of your case until you are reunited with your spouse. You may contact us at 847-763-8500 or e-mail us at ewalder@immig-chicago.com. Please note that if you are engaged to a foreign national, and not yet married, you may want to review the K-1 visa as an option.