Foreign Spouses Citizens who want to come to the U.S and join their U.S citizen but the spousal petition is pending. The k3 visa category is available. Long time ago, when the k3 visa was not created, the U.S spouses had to live abroad until the I-130 spousal petition, which was approved by the INS. And then they can forward to the U.S. consulate. And then they can forward to the U.S. consulate. It would cost them about one year to process.

From then on, the k-3 visa was created. So the spouses of foreign can stay in the U.S. while they are waiting for the approval of the I-130 petition. When the I-130 is being processed, the spouses don't have to remain abroad.

Who is Eligible?

A person may receive a K-3 visa if that person:

has a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

If the Form I-129,petition for Alien fiancee, has been approved, the Alien spouse has to forwarded to the American consulate in his/her own country to apply for the K-3/K-4 visa. If the marriage took place in the alien spouse's country and there is a consulate of United States which issues immigrant visas in this country, the spouse has to apply for the k3 visa in his/her own country. The alien spouse can apply for her/his k-3 visa at jurisdiction over the current residence, if the marriage took place in the United States.

If the alien spouse who gets a k3 visa has a child who is under 21 years old and has not gotten married, the spouse's child can get a k-4 visa.

Work Permit

The spouse who is waiting for a k-3/k-4 visa processing in the United States, can apply for a work permit. Something you must know is that once the alien spouse is approved by the U.S. consulate and receives a permanent resident status, she/he needs not to apply for the work permit. The spouse who gets his/her permanent resident lawfully, should receive a permanent resident card. The card will prove your permanent right to live and work in the United States.

Leave the United States and travel abroad

When you are applying for a k-3/k-4 adjustment status, at the same time, you can travel outside the United States and return using your unexpired k3 or k4 nonimmigrant visa.

As you know that there is a long time to receive your spouse's k3 visa. If you done correctly with the k3/k4 visa application, you can spend much less time to get together with your spouse who are waiting for immigration status. Because the k3/k4 visa is a new visa category, you should get assistance from an attorney with experience with the k3/k4 visa.