K3 Spouse Visa

Frequently Asked Questions & Answers

6. Can I extend my stay on K-3 spouse visa?

Yes, you may apply for extension of stay while on K-3 spouse visa using Form I-539, Application to Extend or Change Nonimmigrant status, 120 days prior to the expiration of your authorized stay. Extension will be granted in two-year intervals.

7. Can I work on K-3 visa?

Yes, you may apply for Employment Authorization using the USCIS Form I-765 Application for Employment Authorization.

Note: You cannot begin work until the EAD has been issued.

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8. Can I study on K-3 visa?

Yes, you may study in the U.S. on K-3 visa while awaiting the issuance of an immigrant visa.

9. Are there any travel restrictions on K-3 visa?

No, you may travel outside of the U.S. and re-enter on your K-3 visa. If you have filed for Adjustment of Status in the U.S. prior to your departure from the U.S., the USCIS will not presume that the departure constitutes abandonment of your adjustment application.

10. How do I apply for K-3 visa?

To apply for a K-3 visa, your U.S. citizen spouse must:

  1. File Form I-130, Petition for Alien Relative, with USCIS in the U.S. on your behalf
  2. File a second petition, Form I-129F Petition for Alien Fiance, together with a copy of the receipt notice for the I-130 with the USCIS in the U.S. on your behalf

Note: Confirmation of USCIS approval of the I-129F Petition for Alien Fiance is required before a K-3 visa may be issued.