K-3 TEMPORARY VISA FOR SPOUSES
New Jersey Immigration Attorneys Helping to Connect Families
The Department of Homeland Security allows spouses of United States citizens to obtain a temporary visa into the United States, under the right conditions, known as a K-3 visa. These are often paired with a K-4 visa, which is available to minor children of the foreign spouse to come with them into the United States for the same period of time allotted to the spouse. This visa is not often used due to the lengthy processing times.
The K-3 visa serves as a place holder until the immigrating spouse can have their Form I-130 Petition passed by the Department of State and allows one to enter while the application marriage based petition is being processes.
Determining Your Eligibility
Foreign spouses and their children are eligible for a visa if the following statements are true:
- The immigrating spouse is married to a full United States citizen
- The immigrating spouse has had their US citizen spouse file a Form I-130 on their behalf
- The child is younger than 21 years old and is not married
- The child is in fact the child of the qualified, K-3 immigrating spouse
The temporary visa comes with a number of benefits but also a number of limitations, as with most temporary visas, and the fate of their staying in the U.S. is dependent on the success of the I-130.
How a K-3 Temporary Visa May Expire
Remember that the K-3 is simply a placeholder for the Petition Alien Spouse Form I-130 that needs to be filed before the K-3 can even be granted. The Form I-130 will take time to approve. The K-3/K-4 allows the spouse and child to enter the U.S. and wait. However, the K-3/K-4 can expire.
The most common reasons a K-3 or a K-4 would be expired are as follows:
- The marriage between the citizen and immigrated spouse ends with divorce or is annulled
- The State Department does not approve the Form I-130
- The minor becomes married while in the United States
- The minor turns 21 years old, and their parents have not filed for their Form I-130
Overall, the temporary visa is dependent on the success of the Form I-130 and the marriage between the immigrating spouse and the United States citizen. If successful, citizenship can be earned, and during even the K-3 waiting period, the immigrating individuals are often authorized to work in the U.S.