K-3 Nonimmigrant Visas 1/3

Question 1

1. What is K-3?

Answer 1

K-3 Nonimmigrant Visa

Question 2

2. What does the K-3 do?

Answer 2

it allows the alien spouse of a US Citizen and his/her minor children to be admitted to the US as nonimmigrants while they are awaiting the adjudication of a Form I-130.

Question 3

3. What is another benefit of a K-3?

Answer 3

It allows the nonimmigrant to obtain employment authorization while they are waiting.

Question 4

4. To be eligible for a a K-3 Nonimmigrant Visa, an individual must:

Answer 4

a. Be married to a US Citizen

b. Have a pending Form I-130, Petition for Alien Relative, filed by the US Citizen spouse on his/her behalf.

Question 5

5. A child may be eligible for a K-4 visa if:

Answer 5

He/she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant.

Question 6

6. To obtain a K-3 nonimmigrant visa for your spouse, you must:

Answer 6

a. file two petitions with the USCIS on his/her behalf:
1. Fom I-130, Petition for Alien Relative
2. Form I-129F, Petition for Alien Fiance

Question 7

7. What is the process for filing Form I-129F?

Answer 7

a. File Form I-130 with the Chicago Lockbox. You will then receive Form I-797, Notice of Action, indicating that the USCIS has received the form I-130.

Question 8

8. What is the second step for filing Form I-129F?

Answer 8

b. The second step is to file form I-129F with the Dallas Lockbox.

Question 9

9. What is the fee for filing form I-129F?

Answer 9

There is no fee. If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed int he I-129F filed on your spouse’s behalf.

Question 10

10. If the I-129F is approved, USCIS will:

Answer 10

forward the I-129F to the US Department of State for consular processing.

Question 11

Then the non-citizen spouse and any minor children will need to:

Answer 11

apply to the US Department of State for the K-3 and K-4 nonimmigrant visa.

Question 12

11. What is consular processing?

Answer 12

Consular processing means that person intending to immigrate to the United States goes to a U.S. embassy or consulate in his or her home country to complete the application for a green card (lawful permanent residence). This involves submitting forms and documents to the consulate, and attending an interview there.