With the K3 spouse visa, you will be able to live in the USA while your Green Card application is pending. Your children who are unmarried and under the age of 21 can also come to the USA with a visa called the K4 visa. The K4 visa is the name of the visa issued to the children of a person with the K3 visa.

The K3 Spouse Visa has 4 main requirements:

1. You must be legally married to a US citizen; and

2. You and your US Citizen spouse must have already begun the Green Card application process. If you have not already done this, Immigration Lawyer Gerardo Menchaca can do this part for you before the K3 visa application is filed;

The K3 visa application is a 2-step process. In step 1, USCIS must approve your spouse visa application. In step 2, USCIS forwards the approval to the US Embassy where your spouse will have the K3 visa interview.

Step 1

K3 Document Checklist: The first thing our immigration attorney will do is provide you with a detailed checklist of the documents needed to prepare the spouse visa application. This checklist is the most important part of the application, because it lays out exactly what will be needed from you and your spouse to apply for the visa. Once you’ve provided us with the required documents, we will prepare and file the K3 application with USCIS.

Step 2

Just like in Step 1, our immigration attorney will provide you with a second tailored document checklist needed to prepare Step 2 of the K3 Visa application. Once you’ve provided us with your documents, we will prepare and submit Step 2 of your K3 Visa to the US Embassy in the home country of the non-US Citizen spouse.

K3 Visa Interview

Once your application has been submitted, the spouse who is not a US Citizen will be scheduled for an interview at a US Embassy. The purpose of this interview is to confirm that you and your spouse are legally married and that your Green Card application is pending. Prior to your K3 visa interview, our immigration attorney will schedule an appointment to help prepare you for the interview.

The K3 Visa has a 2-year duration. It can be used for multiple entries, in other words, the K3 allows you to enter and leave the US as often as you like.

You can extend the K3 visa in increments of 2 years. However, there is generally no need to renew this visa because your Green Card application should be adjudicated before the K3 expires.

1. How long does it take to get a spouse visa?

A good estimate is 6 to 9 months starting from the time that the visa application was filed. However, the time can vary depending on your specific circumstances. So, the best thing to do is to schedule a meeting with Immigration Lawyer Gerardo Menchaca to discuss your case and to get an estimate of how long your case will take.

2. Can you work in the USA with a spouse visa?

Yes, the spouse visa allows you to apply for a work authorization permit known as an EAD (Employment Authorization Document). To work, you need to apply for the EAD first.