The K-3 visa was established by the LIFE Act of December 21, 2000. The K-3 visa allows the spouse of a United States Citizen, who is the beneficiary of a pending or approved I-130 visa petition to enter the United States as a nonimmigrant and adjust status to lawful permanent residence while in the United States. Additionally, the children of a K-3 are permitted to enter as K-4 derivatives.

In order to qualify for a K-3 visa, the alien beneficiary must be already married to a US Citizen. The US Citizen must have filed an I-130 visa petition for the spouse, and the US Citizen must have filed and received an approval for an I-129F.

There are many benefits to K-3 visa processing. The most obvious is the ability to bring the spouse and beneficiary's children to the United States several months earlier than is generally possible under normal immediate relative visa processing. Another important benefit is the ability to bring the alien spouse's unmarried children between the ages of 18 and 21 to the United States in K-4 status. Because children over the age of 18 at the time of marriage do not meet the definition of stepchild of a US citizen, the K-4 process is the only method to bring the child to the United States quickly.

If you or your spouse is from another country and you wish to pursue the K-3 visa, contact The Nuñez Firm to schedule a confidential consultation.

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