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K-3 Visa Guide
K-3 Status for Spouses of U.S. Citizens
On December 21, 2000, the Legal Immigration and Family Equity Act (the "LIFE Act") became law. The LIFE Act extended K visa benefits to the spouse and unmarried minor children of U.S. citizens. The K-3 visa is now available to the spouse of U.S. citizens and their unmarried children under age 21 who are outside the United States awaiting processing of their green card petitions. Spouses of U.S. citizens are classified K-3 and their unmarried children under 21 are classified K-4.
The significance of the K-3 Visa is that prior to the initiation of the K-3 program, American citizens could only sponsor their foreign spouse using an I-130 Relative petition. On a practical level an I-130 petition is very slow and consequently the foreign spouse often had to wait several years to enter the United States. The K-3 Visa enables the foreign spouse to enter the United States in a matter of months.
The K-3 Visa extends the benefits (speed, ease of use, etc.) of the Fiancee Visa to married couples. In fact, the K-3 Visa utilizes much of the same paperwork and procedure as the Fiancee Visa.
K-3 Consular Processing
If the marriage took place abroad, the K visa must be issued at an immigrant visa issuing consular post located in the same foreign state where the marriage took place. An exception exists where the no U.S. consulate exists in that foreign state. In such cases, the visa must be issued at a consular post having jurisdiction to issue immigrant visas for aliens having the alien's nationality. If the marriage took place in the United States then the consular processing must be completed in the alien's country of citizenship.
K-3 Adjustment to Permanent Residency
The USCIS regulations also state that K-3 and K-4 nonimmigrants may not change to any other nonimmigrant classification while in the United States. However, they are permitted (and expected) to seek permanent residence by adjustment of status or consular processing abroad. They may only do so as a result of a marriage to the original U.S. citizen petitioner who filed the petition on behalf of the K-3 or K-4 nonimmigrants.
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