Can You Expedite a K-3 Visa in California? Advice From Immigration Attorneys
Understanding the K-3 Visa
The K-3 visa, a non-immigrant visa type, is intended for foreign spouses of U.S. citizens. It allows these individuals to enter the U.S. while awaiting a decision on their immigrant visa petitions. Falling under the broader ‘K visa’ category, it’s similar to visas for fiancés (K-1) & the children of foreign spouses (K-4).
Feldman Feldman & Associates PC is a top-notch immigration law firm in California. If you are in need of an immigration attorney, contact us by calling 619-299-9600 today.
How to Apply for a K-3 Visa
You must file two forms to apply for a K-3 visa. The first is Form I-130, Petition for Alien Relative, establishing the relationship between the U.S. citizen & the foreign spouse. Next is Form I-129F, Petition for Alien Fiancé(e), for requesting the K-3 visa. Once you send these forms to the correct U.S. Citizenship and Immigration Services (USCIS) address; then you’ll receive a Notice of Action (Form I-797) when the USCIS gets Forms I-129F and Form I-130.
K-3 Visa Processing Time
The processing time of a K-3 visa fluctuates depending on the USCIS and the Department of State’s workload. In the past, processing times were longer, but now, in most cases, the USCIS approves Form I-130 before or simultaneously with Form I-129F. When this happens, the K-3 visa isn’t needed as Form I-130’s approval instantly grants an immigrant visa to the foreign spouse.
K-3 Visa vs. K-1 Visa: Which Is Faster?
People often wonder if the K-3 visa is quicker than the K-1 visa. The K-3 visa allows foreign spouses to reside in the U.S. while waiting for a decision on their immigrant visa petition. However, the K-3 has become somewhat obsolete because of the reduced processing time for Form I-130. Meanwhile, the K-1 visa lets a U.S. citizen’s fiancé(e) enter the U.S. for up to 90 days for marriage. It’s wise to seek an immigration attorney’s counsel to comprehend which visa type suits your case best.
Can You Expedite a K-3 Visa?
There’s no standard method to speed up a K-3 visa. Processing time hinges on the USCIS and the Department of State. In the past, if USCIS approved Form I-130 before Form I-129F, an immigrant visa was immediately available, making the K-3 visa unnecessary. Moving forward, if Form I-129F is approved first, USCIS forwards the petition to the Department of State; the foreign spouse must then apply for the K-3 visa.
Extensions & Employment Authorization for K-3 Visa Holders
K-3 visa holders are granted a 2-year stay in the U.S. Extensions are possible in 2-year increments if the immigrant visa application hasn’t been settled, or if there’s a legit reason for not having filed an immigrant visa application post Form I-130’s approval by USCIS. K-3 visa holders have automatic work authorization in the U.S. and can seek evidence of employment authorization with Form I-765.
FAQs
1. What is a K-3 visa?
A K-3 visa allows foreign spouses of U.S. citizens to enter and stay in the U.S. while waiting for the immigrant visa petitions’ verdict.
2. How long does it take to process a K-3 visa?
Processing time varies, contingent on the USCIS and the Department of State’s caseload. In numerous cases, neither a K-3 visa is needed if Form I-130 is authorized before or together with Form I-129F.
3. Can a K-3 visa be expedited?
There isn’t a routine procedure to hasten a K-3 visa. Processing time largely rests with the USCIS and Department of State.
4. Can K-3 visa holders work in the U.S.?
Yes, K-3 visa holders can work upon entry to the U.S. If they would like a work card as an identity document (not needed to work), they may file a Form I-765 to obtain proof of employment authorization.
5. Can a K-3 visa be extended?
Yes, extensions may be given in 2-year phases if either the immigrant visa application is still being evaluated or if there’s a valid motive behind not having lodged an immigrant visa application after USCIS okayed Form I-130.
The K-3 visa offers a route for U.S. citizens’ foreign spouses to live in America while their immigrant visa petitions are under review.
Contact a K-3 Visa Attorney
It is important to consult an immigration attorney to discern the most fitting course of action for your particular circumstance. Call Feldman Feldman & Associates PC at 619-299-9600 for support with your immigration case today.
