What is a Spousal (K-3) Visa?
- What is a spousal visa (also called a marriage or K-3 visa)?
It is a document issued by the US government which allows the spouse of a citizen or permanent resident of the US to enter the US for the purpose of immigration and permanent residency.
- Does it matter if I do not live near where my lawyer is located?
No, visas are issued by the US government. AmeriLawGroup has filed for visas for people located throughout the US and in foreign countries.
- Who is eligible for a spousal visa?
A foreign national who has legally married a US citizen or permanent resident while outside of the US.
- What are the steps for obtaining a spousal (K-3) visa?
There are two phases in the K-3 visa process (phase I and Phase II)
- Phase I: The US citizen or permanent resident files a Petition to immigrate to the US as a permanent resident along with supporting forms and documentation with the USCIS Service Center in the geographic area where he resides.
- The US citizen or resident also files a second Petition requesting a visa (the K-3 visa) for his spouse to come to the US while her Petition to immigrate is pending.
- Supporting documentation is also prepared and filed with this second Petition.
- Phase II: After approval of the Petition for K-3 visa at the Service Center the package of documents for this Petition is sent to the foreign spouse's embassy or consulate and she receives from the embassy or consulate a package of forms and requests for documents (the "Information Package") and notice of other required information.
- If the forms and documentation for the "Information Package" are properly prepared and in the correct form, they are approved and the spouse is sent a second package of forms which may include requests for documents, proofs, medical examination, and verifications. This is called the "Interview Package".
- An interview for the foreign spouse is also scheduled with an embassy or consular official at this time.
- After examination by an embassy or consular official of all forms and documentation at the interview; if all is found in order the K-3 spousal visa is issued
- The spouse may now enter the US and apply for her permanent residency Green Card. She may also apply for a work permit while her application for the Green Card is pending.
- Is the spousal visa issued at the time of the interview?
It may be, depending on the procedures of the particular embassy or consulate. If not, it will sent to the foreign spouse shortly thereafter.
- Are there differences in the time it takes the spouse of a US citizen or the spouse of a permanent resident to get a spousal visa?
Yes, obtaining the K-3 spousal visa for the spouse of a permanent resident takes much longer than for the spouse of a US citizen
- Can the foreign spouse work in the US after entering the US on a K-3 spousal visa?
Yes, However, she must apply for and receive a work permit which allows her to work while her application for change of status (Green Card) is pending. It normally takes about 90 days to obtain the work permit.
- Once the K-3 spousal visa is issued how long does the foreign spouse have to come to the US?
She has six months to enter the US after issuance of the K-3 visa
- Can a US citizen file for a visa while living outside the US?
- How long does it take to obtain a K-3 spousal visa?
This varies depending on which Service Center and consulate is involved in the process. Please contact AmeriLawGroup for approximate times for your paraticular Service center and consulate.
- OK, I would like to apply for a K-3 spousal visa with the assistance of AmeriLawGroup, what do I do now?
Please click on "Services and Fees for a K-3" visa; in most cases we can get the process started within 48 hours.