The K-3 visa was created to reduce the separation immediate family members may experience while waiting abroad for an immigrant visa. The K-3 visa benefits spouses and children under 21 of U.S. citizens, who are waiting abroad for an immigrant visa. This visa allows them to come to the U.S. as non-immigrants, re-unite with their family members here, and then apply for permanent resident status while in the United States.
Pursuant to this nonimmigrant visa classification, spouses of U.S. citizens are granted “K-3” visa and the unmarried children (under age 21) are granted a “K-4” visa. In order to qualify for the “K-3” visa, the U.S. citizen spouse must first file a visa petition (Form I-130) for the alien spouse and then file a K-3 Petition (Form 129F), after receiving the I-130 receipt notice from the USCIS. The USCIS must approve the K-3 Petition before the spouse and children become eligible to apply for a “K” visa from the Consulate abroad. To be eligible for a “K-4” visa, a child applicant does not need to have a separate Form I-130 or Form I-129F. “The K-4” applicant must be the unmarried child (under 21 years of age) of the “K-3” visa applicant.
If you have any questions about the K3 visa, contact the Law Office of Raul Ray at (408)279-5793.