The K-3 spouse visa allows the foreign spouse of the U.S. citizen to enter the United States on a temporary visa while awaiting processing of the I-130 immediate relative petition. The I-130 immediate relative petition allows a U.S. citizen to sponsor his or her spouse to immigrate to the United States as a permanent resident. Both the I-130 and K-3 spouse visa petitions are filed almost simultaneously.
The K-3 visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by granting the option to the foreign spouse who lives overseas to enter the United States while awaiting approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition.
It should be clarified that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. This is one of the main reasons why counting with the help of an experienced immigration lawyer who is accessible oversees is essential for petitioners and applicants of this type of visas.
At Sabalier Law, all legal communications, services, and processes are handled securely completely online and remotely. You may start to explore your options for the right visa, based on your particular set of circumstances and goals by contacting me for a FREE initial legal consultation.
Obtaining a K3 visa is a time-consuming process because there are additional steps and forms that make part of the application process for this visa. For instance, the waiting period for the approval of Forms I-130 and I-129F, and the submission of Form DS-160 and scheduling the interview, contributes to the delay, which takes another couple of months. But on average, the entire process usually takes around 6 to 9 months from the initial application to the time the visa is granted.