What is the K-3/K-4 Visa?

The K-3 visa category is available to spouses of U.S. citizens waiting abroad to come to the U.S. to join their U.S. citizen spouse while a spousal petition is pending. Before the creation of the K-3 visa category, spouses of U.S. citizens had to wait abroad until the I-130 spousal petition (filed in the U.S.) was approved by the INS and then forwarded to the U.S. consulate for consular processing. The time between the initial filing of the I-130 and the visa interview could often take over a year.

With the K-3 visa, the foreign spouse is issued a visa to enter the U.S. while awaiting approval of the I-130 petition without having to remain abroad while the I-130 is being processed.

A person may receive a K-3 visa if that person:

Once in the U.S. in K-3 or K-4 status, you are eligible to apply for a work permit while the cases are pending. Keep in mind that you do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.

If you are in K-3 or K-4 status, you may travel using your unexpiredK-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

When done correctly, the K-3/K-4 visa category can significantly reduce the time that spouses are separated while waiting for immigration status. The K-3/K-4 visa category is a relatively new visa category; therefore, you may wish to consult with an Immigration Attorney with experience with the K-3/K-4 visa for assistance with your case.

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