A K3 visa is a nonimmigrant visa that allows the spouse of a U.S citizen to enter the United States during the pendency of their immigration petition. The K3 visa is a multiple entry two year visa. The K3 visa holder can also bring their children under the age of 21 to the United States through the K4 visa. Upon entry into the United States, the K-3 visa holder can file for adjustment of status to obtain their permanent residency status.
Who is eligible for a K3 Visa?
Foreign spouses of United States Citizens who currently have immigration petition filed by the U.S. citizen are eligible for a K3 visa. The K3 visa was created to alleviate the separation time for the U.S. Citizen and their foreign spouse.
Overview of the K3 Visa application process
The first stage of the process is for the U.S. citizen to file an I-130 immigration petition for the foreign spouse. This involves the completion of a series of forms and preparing supporting documentation of your marriage. After filing the package with the appropriate United States Citizenship and Immigration Service (USCIS) office, USCIS will send the applicant a receipt for the immigration application.
With the I-130 receipt, the U.S. citizen will have to file an I-129F petition with supporting documentation at the appropriate USCIS office. Once USCIS has processed and approved the I-129F, the K3 visa petition will be forwarded to the National Visa Center (NVC). The NVC will then forward the documents to the US Embassy in Bangkok.
Your spouse will receive further instructions to complete online forms and a document list from the U.S. consulate. After completed the online forms, the spouse is required to bring the required documents to the interview at the U.S. Consulate. The consular officer will review the documents and ask questions. Upon complete of the interview, the consular officer will provide the spouse the decision.
If the K3 Visa has been granted to your spouse, the spouse can travel to the United States and wait out the immigration process or apply for adjustment of status. A K3 spouse also has the right to apply for employment authorization.
Benefits of K3 Visa
- The K3 visas generally have shorter waiting periods compared to IR-1 immigration petitions. However if the IR-1 is approved prior to the K3, the IR-1 will be given preference.
- K3 visa holders can apply for a work permit by filing Form I-765 and engage in employment;
- The children under 21 of K3 visa holders can accompany you to the U.S. on the K-4 dependent visa as long as they are named in the visa petition;
- The K3 visa holder is given a multiple entry 2 year visa which means that they can travel in and out of the United States during the period.
Why choose us for your K3 Visa application?
We are a registered law firm with multiple offices in Thailand. Our firm has attorney and consultants who are immigration specialists.