While the K-3 visa is similar to the other K-visas, the one factor it holds different is that of the applicant applying after already married to a U.S. citizen. This type of K-visa helps the application to be granted a travel visa by their home country, and travel to unify with their spouse in the United States. The K-3 visa allows the foreign spouse to join their U.S. citizen spouse in the states while waiting for the immigration paperwork to go through.
While the foreign spouse is residing in the states waiting for their paperwork, they will need to apply for permanent residency during this time. This process is regulated through the Department of Homeland Security and the U.S. Citizenship and Immigration Services (USCIS).
Requirements for a K-3 Visa
A K-3 visa, known as a non-immigrant visa, requires the U.S. citizen in the marriage to file for an immigrant visa for their partner. This means that the foreign spouse must meet all necessary requirements in order to make it through successfully. Similar to the K-1 and K-2 visas, a K-3 visa has an additional visa for any children that the foreign spouse wants to bring along to the United States. This certain visa is the K-4 visa, and also allows the holder to reside in the U.S. while waiting for the paperwork to be processed.
Requirements of the Spouse
The spouses, who must be legally defined as wedded husband or wife, are required to be legally married in order to qualify for a K-3 visa. Spouses who act as a cohabitation partner are not eligible for this visa. Common-law spouses are eligible for this visa but must reside somewhere in the states where common-law is established. When spouses practice polyamory, only the first spouse is eligible for U.S. citizenship and immigration. Those who are in a same-sex marriage are also eligible for a K-3 visa.
Social Security Numbers for K-3 Visa Holders
In order to receive a social security number (SSN) in the United States, the foreign spouse must obtain employment authorization documents (EADs). Full completion of the I-765 form will allow for the beginning of the SSN process. The foreign spouse will also need to complete the I-485 Adjustment of Status petition before they are granted an EAD. The foreign spouse holding the K-3 visa will need to bring all of these documents to the social security office, as well as a marriage certificate to obtain the social security card. This card will have their SSN on it.
Benefits of a K-3 Visa
Having already been married, couples pursuing a K-3 visa can rejoice in a shorter waiting period for the visa process. The K-3 visa is designed to keep couples in unity while waiting for the immigration paperwork to be processed, allowing them to be together. K-3 visa holders are also able to obtain a work permit so they can legally work in the U.S. while waiting on their process. Children of the foreign spouse are eligible for the K-4 visa, as long as they are under 21 years of age and unmarried.
Work With Our Team of Immigration Attorneys
Pursuing a K-3 in conjunction for your children, shouldn’t be a difficult process. When you choose to work with an immigration attorney, you allow yourself to be fully covered on all bases. The experienced immigration attorneys at the Law Offices of Kermit A. Monge, PLLC, are here to assist you during each step of your visa process. We are determined to give you the smoothest option, and help to get your immigration processed correctly. If you’re ready to get your visa application process started, call us today at 703.273.5500 or request a consultation online.