Frequently Asked Questions (FAQ) about a K-3 Spouse Visa

AMERILAWGROUP

Frequently Asked Questions About K-3 Marriage Visas


  • What is K-3 spouse visa (also called a K-3 marriage 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 obtained visas for people located throughout the US and in foreign countries.
  • Who is eligible for a spouse visa?

    A foreign national spouse who has legally married a US citizen or permanent resident while outside of the US.  It does not matter what country you were married in as long as it was a marriage legally recognized by the country where the marriage occurred.

  • 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: We file Petitions with the USCIS for your spouse to come to the US for the purpose of becoming a permanent resident. 
    • We file supporting documentation with  the Petitions.
    • The Petitions are approved, the National Visa Center (US Department of State) obtains further information sends the forms and documentation to your spouse's consulate in his/her home country.
    • Phase II:  We file additional forms and documents as requested by the consulate in your spouse's home country.
    • Your spouse is requested to attend an interview at the consulate after which the K-3 spousal visa is issued.
    • Your spouse comes to the US, applies for permanent residency, work and travel permits.  Upon issuance your spouse may work and travel while the Petition for permanent residency is pending. 
  • Is the spouse visa issued at the time of the interview?

    Yes, or within a short time 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 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  visa?

    Yes, However, he/she must apply for and receive a work permit which allows her to work while her application for Adjustment of Status (Green Card) is pending. It normally takes about 60-90 days to obtain the work permit.

  • Once the K-3 spouse 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?
            Yes, AmeriLawGroup has obtained visas for many US citizens while they are living outside the US

  • How long does it take to obtain a K-3 spouse visa?

    This varies depending on which USCIS Service Center and consulate is involved in the process. A good rule would be5-6 months although we are seeing shorter times in some cases.  The times required are generally less than shown on the USCIS websites. 

  • OK, I would like to apply for a K-3 spouse visa with the assistance of AmeriLawGroup, what do I do now?

    Please click here for our Services and Fees and we will get the process started within 24 hours of hearing from you.