K3 "Foreign Spouse Visa"

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About the K3 Visa 

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The K3 Visa is a nonimmigrant visa given to foreign spouses of US citizens that want to come to the United States while the I-130 Petition is pending. A K4 visa is also available to children of the fiancée who are unmarried and under 21 years old. In order to obtain the K3 Visa, two forms must be submitted to USCIS: (a) Form I-130 and (b) Form I-129F. You must apply for the Form I-130 first and include a notice to the USCIS of filing this form. 

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Approval process

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• The USCIS will often approve the Form I-130 prior to or at the same time as the form I-129F

  • If this happens, your spouse will no longer need the K3 Visa, an immigrant visa is available once the Form I-130 is approved 

• If the USCIS approves the Form I-129F first, the spouse will need apply for a K3 Visa to come to the United States. 

 

Duration

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A K3 Visa lasts for two years. You may extend your stay if you file a form I-539 120 days before the end of your two year stay. Extensions for the K3 visa are given in two year increments. 

 

Employment with K3 Visa

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You are eligible to work in the United States with a K3 visa. To obtain evidence of work authorization, you can file a form I-765 after entering into the United States. 

 

If you are ready to bring your foreign spouse to the United States, contact us at (713) 909-0752 or email at admin@nslawpllc.com so we can guide you through the process. 

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