Basically, Congress created the K-3 visa category as a way to get married couple reunited without having to wait through the lengthy marriage visa process. All of this should happen far faster than the lengthy processing time for the Form I-130 marriage visa petition.
Can a person with a visa marry a U.S. citizen?
A fiancé (K-1) visa grants permission to a non-U.S. citizen who is engaged to marry a U.S. citizen to enter the United States for the purpose of getting married. In order for your fiancé to get a K-1 visa, you will need to file a petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS).
What is the visa category for spouse of U.S. citizen?
nonimmigrant K-3 visa
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending.
Does K3 visa still exist?
The K3 has been obsolete for several years, and if you submit a K3 nonimmigrant visa petition it will likely be changed to the CR1/IR1 Immigrant visa. Today, there is no longer a substantial backlog of I-130 petitions so there is no real need for the K-3 in most cases.
Can a spouse of an US citizen get a K-3 visa?
What is a K-3 Visa? The K-3 visa allows the spouse of a U.S. citizen to enter the United States with temporary legal status while waiting to obtain permanent residence (a “green card”). Practically speaking, however, the K-3 visa is almost always unnecessary compared with better alternatives. Learn more below.
What are the requirements for a K3 visa?
The K3 visa applicant must fulfill them, as follows: Be married to a US citizen – the US does not recognize living together as being married. The couple must present valid documents that the marriage is legal. The US citizen must have filed a Form I-130 for the spouse from a foreign country.
How long can a K3 spouse stay in the US?
K3 spouses can stay up to 2 years initially or until I-130 has been approved and they can apply for green cards. If for whatever reason USCIS has not approved the I-130 yet, then you are permitted to file extensions.
Can a green card holder be a spouse of an US citizen?
The visa beneficiary must be the legal spouse of a U.S. citizen. (Please note that spouses of green card holders are not eligible for a K-3 visa). The visa beneficiary must be currently residing outside the United States.
