Can I apply for a K-3 visa to speed things up?
Overview - What Is a K-3 Visa? The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. Q: How long does it take to process a K-3 visa? A: While determined on a case by case basis, a K-3 visa takes anywhere from months once received by USCIS. The Consulate will need to process the paperwork for months, as well.
I don't think that there is anything you can do which you have not already done. Visa processing takes time, and sometimes it takes longer, with no reason ever given why. It is frustrating, but there is no reason to worry unduly. At the end of June, I would schedule another infopass appointment.
However, I expect that you would hear something before that. It takes a few weeks to get a response to a service request. USCIS is slow. If you have any additional problems RFE, denial you should speak with a lawyer.
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To qualify for K-3 visa, you must be: The foreign national spouse of a U.S. citizen. Residing outside the U.S. Seeking to enter the U.S. to await the availability of an immigrant visa. Your U.S. citizen spouse must have filed a petition for alien relative, which must be pending. SELECT A WORK VISA E-1 Treaty Traders E-2 Treaty Investors E Apr 30, · Posted on Apr 30, Right now a K3 visa is taking an average of 8 to 10 months from the time of filing, to the consular interview. 1 found this answer helpful | 1 lawyer agrees. Instead of waiting abroad for immigrant visa processing and entering the U.S. as an immigrant, it is possible to go more quickly through a K3 visa (K3 visa for spouse and K4 visa for children) process and enter as a nonimmigrant. After arriving in the U.S., file a separate application for Form I, Adjustment of Status. K3 visa.
Other Visa Categories. Visa: Reciprocity and Civil Documents by Country. Same-sex spouses of U. Consular officers at U. Overview - What is a K-3 Visa? What is a "Spouse"?
Ineligibilities for Visas - What if I am ineligible for a K visa? The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States U. This visa category is intended to shorten the physical separation between the foreign-citizen and U.
Because the spouse of a U. It should be noted that under U. Learn more in the Applying for a Visa section below. Eligible children of K-3 visa applicants receive K-4 visas. A spouse is a legally wedded husband or wife. You, the U. Embassy or Consulate in the country where the marriage took place. If the marriage took place in a country that does not have a U.
Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U. The U. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Eligible children of K-3 visa applicants may apply for K-4 visas.
Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee. You, the foreign-citizen spouse, and eligible children applying for K-4 visas will be required to bring the following forms and documents to the visa interview:. Note: The consular officer may ask for additional information, such as wedding photographs and other proof that the marriage to your U. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated.
Applicants should take to the visa interview all original civil documents, such as birth and marriage certificates as well as legible photocopies of the documents and translations. Original documents and translations will be returned. There may be additional instructions for collecting documentation needed for your K visa interview. Review U. In preparing for the interview, applicants will need to schedule and complete a medical examination.
Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians.
See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions. K visa applicants are encouraged to get the vaccinations required under U. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident.
Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination.
See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information. During the visa interview, applicants will be required to present evidence to the Consular Officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U. The percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when a Form I is needed.
Applicants using Form I will need to show that their U. You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you. The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-3 visa applicants will be provided with any existing criminal background information on their U.
A Consular Officer can extend the validity of the petition if it expires before visa processing is completed. Certain conditions and activities may make you, the applicant, ineligible for a visa.
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is. Learn more and see the complete list of ineligibilities.
Once your case has been received from NVC by the U. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. It is important to give us correct postal addresses and telephone numbers. Some visa applications require further administrative processing , which takes additional time after the visa applicant's interview by a Consular Officer.
If you are issued a K-3 visa, the consular officer will give you your passport containing the K-3 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U. Embassy or Consulate. It is important that you do not open the sealed packet.
As the K-3 visa holder, you must enter the U. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee. Your U. However, your U. Important Notice: Under U. Your children may travel with accompany you to the United States or travel later follow-to-join. Like you, your children must travel within the validity of their K-4 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-3 visa.
If they want to travel later than one year from the date your K-3 visa was issued, they will not be eligible to receive K-4 visas, and separate immigrant visa petitions will be required. If your child has a valid K-4 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-4 visa. A visa allows a foreign citizen to travel to the U.
You should be aware that a visa does not guarantee entry into the United States. Travelers should review important information about admissions and entry requirements on the CBP website under Travel. If your inquiry concerns a visa case in progress at a U. Embassy or Consulate, you should first contact the U. Embassy or Consulate handling your case for status information. Select U. Embassy or Consulate to review their website for contact information.
Before making an inquiry, we request that you carefully review this website. Often, the answers to questions are easily found which enables us to help other applicants and U.
Due to the volume of inquiries we receive, Visa Services cannot promise an immediate reply to your inquiry. You are about to leave travel. Department of State. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.
Department of State of the views or products contained therein. If you wish to remain on travel. Cancel GO. Covid Testing. Skip to main content. Gov Travel. Passports International Travel U. Stay Connected. Law Enforcement. Y Z All. Nonimmigrant Visa for a Spouse K Overview - What Is a K-3 Visa? Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.