1. How long does the K-3 visa process take?
The K-3 visa process usually takes 4-6 months.
2. What documentation is required for a K-3 visa application?
The K-3 visa application requires a Form I-129F, Petition for Alien Fiancé(e), the petitioner’s valid passport, two 2×2 photographs of the petitioner, evidence of the petitioner’s U.S. citizenship or nationality, an approved Form I-129F, evidence of a valid marriage between the petitioner and foreign citizen, a copy of the foreign citizen’s passport biographic page, and the applicable visa application fee.
3. Does a K-3 visa holder need to file for a U.S. green card or obtain permanent residence while in the U.S.?
No, a K-3 visa holder does not have to file for a U.S. green card or obtain permanent residence while in the U.S. The K-3 visa is a temporary visa that allows the spouse of a U.S. citizen to enter the United States and live while the couple’s immigration petition is processed. The K-3 visa holder must leave the U.S. when their visa expires, but can re-enter the country on their valid K-3 visa if they wish to do so. In order to obtain permanent residence, the K-3 visa holder must file for a U.S. green card or apply for a different visa type.
4. What is the difference between a K-3 visa and an immigrant visa for spouses of U.S. citizens?
A K-3 visa is a nonimmigrant visa that allows the spouse of a U.S. citizen to enter the United States while waiting for the approval of their immigrant visa, or green card. An immigrant visa for spouses of U.S. citizens is a permanent resident visa that allows the foreign-born spouse to live and work in the U.S. indefinitely. The spouse must apply for and be approved for this visa before they can enter the United States.
5. What is the age requirement for a K-3 visa applicant?
The age requirement for a K-3 visa applicant is that the applicant must be at least 18 years old.
6. Can I bring my children with me on a K-3 visa?
Yes, children of the K-3 visa holder are eligible to accompany their parent and can receive a K-4 visa.
7. Can I work in the U.S. with a K-3 visa?
Yes, you can work in the U.S. with a K-3 visa. The K-3 visa is a nonimmigrant visa for spouses of U.S. citizens who are awaiting approval of a Form I-130, Petition for Alien Relative. It allows the foreign-citizen spouse to travel to the U.S. and wait in the U.S. for the processing of the Form I-130 to be completed. Those admitted as K-3 visa holders are given employment authorization documents (EADs) and can work in the U.S. legally while their green card applications are pending.
8. What is the termination date of a K-3 visa?
The termination date of a K-3 visa is the same as that of the underlying K-1 visa, which is 90 days from the date of entry. However, the K-3 visa holder may apply for an extension of stay before the expiration date.
9. Am I eligible for public benefits with a K-3 visa?
Yes, you may be eligible for certain public benefits while on a K-3 visa. This includes access to some healthcare programs, including Medicare, Medicaid, and CHIP. However, eligibility may depend on factors such as your income, assets, and other qualifications. You should contact the appropriate benefits office to determine your eligibility.
10. Does the K-3 visa holder have to leave the United States if the relationship with their spouse ends?
No. A K-3 visa holder does not have to leave the United States if the relationship with their spouse ends. The K-3 visa is not tied to the marriage, so the visa holder can remain in the United States while their immigration petition is being processed. In order to remain in the United States, however, the K-3 visa holder must apply for a change of status to an alternative immigration status.
11. Is there an expiration date for a K-3 visa?
Yes, there is an expiration date for a K-3 visa. The K-3 visa is valid for two years or until the applicant’s status has been adjusted to permanent resident status, whichever comes first.
12. How can I extend my stay under a K-3 visa?
If you wish to extend your stay under a K-3 visa, you must submit a Form I-539, Application to Extend/Change Nonimmigrant Status, to the United States Citizenship and Immigration Services (USCIS) within the United States. You should also provide evidence that the status of your underlying marriage is still bona fide. Once your Form I-539 is received, the USCIS will review it and issue a decision.
13. How long can my spouse stay in the U.S. while waiting for their immigrant visa interview?
The length of stay for a spouse of a US citizen waiting for an immigrant visa interview depends on the particular circ*mstances of the case. Generally, the length of stay should not exceed six months.
14. Is an interview required for a K-3 visa application?
Yes, an interview is required for a K-3 visa application.
15. Is medical insurance required to apply for a K-3 visa?
No, medical insurance is not required to apply for a K-3 visa. However, it is recommended that you obtain medical insurance and present evidence of coverage to the U.S. consulate or embassy during the visa interview.
16. What are the fees associated with applying for a K-3 visa?
The K-3 visa application fee is $265. Additionally, applicants may have to pay an additional $85 biometric fee.
17. Can I travel outside the United States while on a K-3 visa?
Yes, you can travel outside of the United States while on a K-3 visa. However, you must have a valid passport and K-3 visa to re-enter the United States.
18. Can I enter the U.S multiple times with a K-3 visa?
Yes, you can enter the U.S multiple times with a K-3 visa. However, it is important to note that the K-3 visa is valid for a two year period, so you must ensure that you enter the U.S within this period.
19. Are there restrictions on how long I can stay in the United States with a K-3 visa?
The K-3 visa is issued for a two-year period, but if your spouse is a U.S. citizen, you can apply to have it renewed indefinitely. You must file for renewal before the visa expires.
20. Are there any restrictions on my eligibility to apply for permanent residence or citizenship while on a K-3 visa?
Yes. Your stay on a K-3 visa does not count towards the “continuous residence” requirement of permanent residency or citizenship. To be eligible, you must have the required period of physical presence in the United States and meet all other eligibility requirements.
