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To reduce the separation immediate family members of
U.S citizens may experience while waiting abroad for
an immigrant visa, the then Immigration and Naturalisation
Service implemented the K-3 non-immigrant (temporary)
visa. The visa is specifically issued to the spouse
of a U.S citizen, who is waiting abroad for an immigrant
visa.
This visa status allows the foreign
national spouse to enter the United States as a non-immigrant,
re-unite with their family in the US and then apply
for immigrant status whilst in the country.
The K-3 visa classification
does not confer immigrant green card (permanent residence)
status. To obtain immigrant status, the K-3 non-immigrant
must file a form I-485 (Application for adjustment to
permanent residence). Alternatively, the applicant can
return to their home country and submit an application
at the US Embassy in London or Belfast. This would usually
expedite the process.
Children under 21 years of age may
apply for derivative visas known as K-4 visas.
The K-3 petition and application
is not mandatory. A petition and application for immigrant
status may be filed without an additional K-3 visa
petition/application. However, the K-3 visa status is
designed for the more expeditious entry of the foreign
spouse into the U.S in the interest of family unification.
An immigrant visa petition usually takes a year plus
to process whilst the K-3 petition should take a few
months.
K-3/4 non-immigrants may apply
for authorisation to work in the USA whilst awaiting
their immigrant status
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