The U.S. citizen marries the foreign
fiancee in the USA or in another country, the foreign fiancee goes
back to their country, the U.S. citizen applies to the Service Center
for an I-130 spousal visa petition.
When the US citizen receives the notice of receipt from the service
center for the I-130 petition, the US citizen files
an I-129F petition to the Chicago center address for
a K-3 visa. Chicago sends this to the Missouri Center, and after
Missouri approves the petition, it is forwarded to the foreign US
consulate.
The raft of the K-3 spouse petition is similar to a K-1
fiancee visa process. The K-3 spouse files for adjustment of
status after entering the U.S., however has 2 years in which to
do so. (The visa is a 2-year multiple re-entry visa).
K-3 Spousal Visa US Immigration for people from Romania, India,
China, Thailand, Iran, Italy, Colombia, Venezuela and severla other
countries. |
Will be able to work upon entry after getting social security
card and an EAD (Employment Authorization Document).
NO advance parole necessary for travel outside the U.S.
K-3 and K-4 visa recipients are in valid status for 2 years
and the visa is a multiple re-entry visa.
K-3 and K-4 visa holders may
extend status by showing strong intent to eventually adjust
status.
After receiving the K-3 visa,
the spouse enters on the K-3 and is allowed to work and travel.
The spouse may file for adjustment of status BEFORE the I-130
petition is approved. |
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It will be necessary to file for adjustment of status after
entry or do consular processing of an I-130 in
order to gain resident status.
Can only adjust status based on marriage to original petitioner.
If the marriage fails before adjustment of status is complete,
will have to leave the U.S.
K-3 and K-4 visa holders may not change to another visa status
and stay in the U.S. if the marriage fails.
EAD (Employment Authorization Document) card must be obtained
via mail to the Chicago USCIS office. The exact amount of
time for work authorization is not known, but is thought to
be a few months, possibly more. |
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