K3 Spouse Visa

Frequently Asked Questions & Answers

21. Can I bring my dependant child to the U.S. if I am on K-3 marriage visa?

Yes, your child may accompany you to the U.S. on K-4 visa provided your child is:

  1. Less than 21 years old
  2. Unmarried
  3. Seeking to immigrate to the U.S.

22. Can I apply for adjustment of status while on K3 marriage visa?

Yes, you may file for Adjustment of Status at any time following entry into the U.S. on your K-3 Visa of your Form I-130, Petition for Alien Relative.

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23. What happens if I have accrued unlawful presence in the U.S. before applying for a K-3 visa?

You would be subject to the three year bar if you have accrued more than 180 days, or a ten-year bar if you have accrued one year or more of unlawful presence in the U.S. However, you may apply for a waiver.

24. Where do I apply for K-3 visa when the American Consulate in the country where my marriage took place does not issue visas?

You may apply for K-3 visa at the consular post designated to handle “homeless” immigrant visa cases for nationals of that country.

Note: If your marriage occurred outside the U.S. your K-3 visa must be issued by the American consulate in the country where the marriage occurred

25. Can I change status from K-3 to another nonimmigrant visa status in the U.S.?

No, you may not apply for change of status from K-3 status to another nonimmigrant status, in the U.S.