K3 Visa for the Alien Spouse of a U.S. Citizen
The non-immigrant K3 visa (and K4 for children) has been created to reunite families that have been, or could be, subject to a long separation while their immigrant visa petitions are being processed by the U.S. Citizenship and Immigration Services (USCIS). The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition.
Who is eligible
Spouses of U.S. citizens and their children under the age of 21 for whom an immigrant visa petition (I-130) has been filed with the U.S. Citizenship and Immigration Services (USCIS), and it has not been approved yet.
How to apply
To qualify for the K3/4 visa, the applicant must be a beneficiary of an approved I-129F petition. This petition must be filed with the USCIS in the U.S. In addition to personal documents, the petitioner must present evidence that s/he has filed the I-130 petition on behalf of his/her spouse.
What happens to the approved petition
The approved petition is forwarded to the U.S. Embassy or Consulate in the country where the marriage ceremony took place. If the marriage took place in the United States, the Embassy or Consulate of the last place of residence of the beneficiary will process the visa application.
On receiving the form I-129F, the Immigrant Visa Services at this Embassy will send the visa applicant an information packet concerning the document requirements and a packet of forms that he or she is required to complete in connection with the administrative processing of the application. On receipt of these forms, the Immigrant Visa Services will complete any additional administrative processing which may be required and schedule the appointment for the formal visa interview.
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