Maggio+Kattar

K-3 visas are temporary visas available for foreign nationals who have valid marriages to United States citizens, who have an I-130 Petition for Alien Relative pending on their behalf, and who seek to enter the United States for purposes of awaiting the approval of the I-130 petition. In order to obtain a K-3 visa, the U.S. citizen must submit a petition and supporting documentation on behalf of the foreign national to U.S. Citizenship and Immigration Services, demonstrating the bona fide nature of the spousal relationship and that an I-130 petition was filed by the U.S. citizen spouse on behalf of the foreign national. If the petition is approved, the foreign national’s file is then forwarded to the Department of State for additional processing and security checks. It is then sent to the relevant U.S. consulate, which sends additional instructions to the foreign national regarding the K-3 visa process and schedules the foreign national for a visa interview. Should the foreign national be granted the K-3 visa after his or her interview at the consulate, he or she may then travel to the United States to await the adjudication of the I-130 petition. Should the I-130 petition be approved, the foreign national may then be eligible to submit an application to adjust status to permanent resident (“green card”) based on his or her marriage to a United States citizen. Significantly, most individuals entering the U.S. on a K-3 visa are required to apply for and obtain an employment authorization document (EAD) before they are eligible to work in the U.S. lawfully. Minor children of the foreign national (under 21 years old) may accompany him or her to the United States on a K-4 visa.

Spouses and children of U.S. citizens who are approved as the beneficiaries of K-3/K-4 petitions, but are in the U.S. in another valid nonimmigrant status are not eligible to change their status. As such, an approved K-3 beneficiary must depart the U.S. and apply for and obtain a K-3 (and their child(ren) a K-4 visa) at a U.S. consulate abroad and then seek admission in K-3/K-4 status.

Traditionally,  the K-3 visa process allowed married couples to be united more quickly, but today that is not necessarily the case. It is important to consult with legal counsel to determine if the K-3 visa is the best path for you. Important variable to take into consideration include, the current processing times of the two different petitions, the current travel needs of the couple, work responsibilities, and costs of the two different processes.