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. K3
Visas. 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 K3 visa. Chicago sends this to the Missouri
Center, and after Missouri approves the petition, it is forwarded
to the foreign US consulate.
The rest of the K3 spousal petition is similar to a K1 fiancee
visa process. The K3 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). |
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.
K3 Visas.
K3 and K4 visa recipients are in valid status for 2 years
and the visa is a multiple re-entry visa.
K3 and K4 visa holders may extend status by showing strong
intent to eventually adjust status.
After receiving the K3 visa, the spouse enters on the K3
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. K3
Visas.
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.
K3 and K4 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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