The K visas are for those who are about to be married to a U.S. Citizen or for those already married to a U.S. Citizen. The K-3 visa, also known as the spousal visa, allows the spouse of a U.S. citizen to come to the United States as a non-immigrant, and then complete the immigration process. This visa is usually used when a U.S. citizen has married a foreign national overseas. It is intended to lessen the time a foreign national must be separated from his or her spouse. The way it accomplishes this is that one can obtain the K-3 visa while overseas, and then enter the U.S. while they wait for approval to become a permanent resident.  

How Do I Obtain a K-3 Visa?

In order to obtain a K-3 visa, your U.S. citizen spouse must file an immigrant visa petition on your behalf and you must meet the requirements for an immigrant visa. Once the petitions are approved, you will have to work with the National Visa Center in order to receive your visa. Part of the process of obtaining a visa involves an interview and a medical exam. If you are ineligible for a K-3 visa because of certain activities, you might still be able to obtain a K-3 visa if you obtain a waiver.

While in the United States on a K-3 visa, you can apply for employment authorization while waiting for your immigration status to change. You can also leave and re-enter the United States while you wait for your immigration status to change as long as your visa is unexpired. Additionally, once you are in the United States you cannot change to any other non-immigrant status

Do I Need a Lawyer to Apply for a K-3 Visa?

If you or a loved one needs help with a visa application, you should contact an immigration attorney. An experienced immigration attorney can make sure that your application is completed correctly, which may help speed up processing of the application.

A lawyer will also be able to help you with obtaining a K-4 visa if you are entering the country on a K-3 visa and wish to bring along your unmarried dependent children.