K3 Visa (Spouses of U.S. Citizens)

The Legal Immigration Family Equity Act (LIFE Act) established the K3 visa category within the immigration law allowing spouses of U.S. citizens to enter the U.S. in a nonimmigrant visa category while they wait until they are able to apply for lawful permanent residence status. (adjusment of status)

I.	Benefits of the K3 Visa

A.	The K3 visas generally have shorter waiting periods compared to marriage-based immigration visa petitions

B.	You can apply for a work permit by filing Form I-765 and engage in employment

C.	Your children can accompany you to the U.S. on the K-4 dependent visa as long as they are named in the visa petition

II.	Requirements for the K3 Visa
	You may be eligible to receive the K3 visa if:

A.	You are legally married to a U.S. citizen

B.	You have a family based I-130 immigration petition filed by the U.S. citizen spouse on your behalf

C.	You seek to enter the U.S. to await the approval of your green card petition and subsequent lawful permanent resident status

III.	Applying for the K3 Visa
	Before you apply for the K3 visa, your U.S. citizen spouse must file Form I-130 on your behalf with the U.S. Citizenship and Immigration Services (USCIS) service center that has jurisdiction over your place of residence. Your spouse will then receive Form I-797, Notice of Action, indicating that the USCIS has received the Form I-130. Your spouse should then file on your behalf a copy of this Form I-797 along with a USCIS Form I-129F to the following address: U.S. Citizenship and Immigration Services P.O. Box 7218 Chicago, IL 60680-7218 The USCIS after adjudicating the Form I-129F forwards it to the appropriate American Consulate so that you can apply for the K3 visa.

IV.	Duration of Stay
	You can remain in the U.S. while you wait for the approval of the Form I-130 and are able to apply for lawful permanent residence status (adjustment of status), or for a green card, instead of having to wait outside the U.S. as the law previously required.

V.	Children
	Children under the age of 21 who wish to accompany or join you in the U.S. can apply for K-4 visas. They may also be eligible to take up employment during their stay in the U.S.

VI.	Services offered by VisaPro
	Our experienced immigration attorneys will prepare and file all the required documents for your K3 visa application. Our services include:

Complete review of all your personal circumstances

Confirmation that the K3 visa is appropriate for you

Identification of important legal issues that may affect your K3 visa application

Checklist of documents that you need for your K3 visa

Accurate preparation of your K3 visa application

Submission of your visa application to the proper government agencies

Careful co-ordination of all correspondence with government agencies

Expert advise on how to handle yourself at your Consular or USCIS interview, and what to expect

Online access to your case status

Unlimited personal communication with your own VisaPro immigration attorney

Fast, easy and secure processing through your personal online VisaPro account