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K-3 Visa FAQs
Q: I have filed a marriage based case for my spouse and I am currently waiting for an approval. Is there any benefit or advantage in filing a K-3 application?
The K-3 visa allows spouses of United States citizens who are waiting abroad for their marriage-based (immediate relative) petition to be approved to enter the U.S. on a temporary visa. Upon approval of the initial marriage-based immigrant petition, the K-3 visa holder may apply for adjustment of status (i.e., U.S. permanent resident status). The K-3 Visa is beneficial as it may potentially reduce the normal waiting period time for spouses of U.S. citizens, allowing them to enter the United States faster to join their spouse.
Q: If I arrive to the United States on a K-3 visa, when am I eligible to apply for adjustment of status?
The K-3 spouse may apply for adjustment of status upon approval of the initial marriage-based petition. . In addition, the application for adjustment of status must be made prior to the expiration of the K-3 visa.
The K-3 visa is issued for a period of two (2) years. The purpose of the K-3 visa is to reduce the waiting time for spouses of U.S. citizens who have pending immigrant petitions. The K-3 visa enables the spouse waiting abroad to enter the U.S. while the immigrant petition is pending. Once the underlying immigrant petition is approved, K-3 visa holders are automatically eligible to file for adjustment of status.
The petitioner (U.S. citizen) must meet a minimum income requirement in order to sponsor his/her spouse for a K-3 visa. The income requirements are determined by the size of the family and are listed on the United States Citizenship and Immigration Services (USCIS) Poverty guidelines. The sponsor must demonstrate that he or she can support their spouse at 125% above the mandated poverty guidelines. The poverty guidelines change every year and can be found on www.uscis.gov. If for some reason, the petitioner is unable to meet the minimum income requirement, it is possible for the petitioner to obtain a joint sponsor.
Yes. In order to be eligible to work in the United States on a K-3 visa, the applicant must apply for and obtain work authorization from the United States Citizenship and Immigration Services (USCIS).
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