Everything You Need to Know About the K3 Visa
Immigration law is inherently complex. When you are navigating a K3 Visa, an experienced attorney can help. Call the Law Office of Diana Levy today!
If the applicant has young children, they may qualify for K-4 dependent visas. K-3 and K-4 visa holders may remain in the United States. At the same time, the USCIS reviews their immigrant visa petitions. Children coming to the United States on a K-4 visa should be unmarried and younger than 21 years old.
K-3 Visa Forms
When submitting the K-3 application, couples may need to file several forms, including the following:
- Form I-130, Petition for an Alien Relative
- Form I-129F, Petition for Alien Fiancé(e)
- Form I-485, Application to Register Permanent Residence or to Adjust Status
- Form I-864, Affidavit of Support
- Form DS-160 (required for each K-visa applicant)
You can download these forms from the USCIS website.
The NVC will send your approved Form I-129F to the U.S. embassy or consulate in the country where the couple got married. The embassy or consulate will send the couple their K-3 visa interview instructions. They’ll also require a complete medical examination and vaccination.
Possible K-3 Visa Interview Questions
No two visa interviews are alike; thus, there’s no standard list of questions. Every couple’s history is different, with a collection of variables.
In general, you will be asked questions about your spouse to determine the validity of your marriage and to ensure it wasn’t for immigration purposes.
Generally, questions will be asked about your marriage, spouse’s occupation, religion, when and where you got married, your plans as a couple, etc.
K-3 Visa Checklist
Here is a checklist of items the foreign spouse (and any K-4 visa-eligible children) should have:
- Online Non-immigrant Visa Application (DS-160) (1) and the confirmation sheet to bring to the K-3 interview
- A Passport with a validity of at least six months beyond the period of anticipated stay
- Original and photocopies of the following civil documents: birth certificate, U.S. marriage certificate, previous spouse’s divorce or death certificate (if any), and police certificates from the current country and all countries where the applicant has lived for six months or more since age 16
- Medical checkups and vaccinations receipt notice
- Evidence of financial support (they may request Form I-134-Affidavit of Support)
- Two passport-sized photos.
Entering the U.S.
After the embassy or consulate approves the K-3 visa, the foreign spouse can enter the U.S. An immigration officer at the U.S. embassy or consulate will seal your K-3 visa and other paperwork. Customs and Border Protection opens the parcel upon entry.
Even if your I-130 petition is pending, you can start your green card application in the U.S. You can also get employment permission by filing Form I-765 (Application for Employment Authorization).
The K-3 visa is valid for three years. However, K-3 visa holders are not allowed multiple entries into the U.S.
A K-3 visa allows a foreign spouse temporary legal status in the U.S. for up to two years. During this time, the couple can file for a green card. Once approved, the spouse can remain in the U.S. indefinitely.
Contact the Law Office of Diana L. Levy, L.P. today and let us help you reunite with your family. We understand that family is everything, so we work hard to help keep families together.