Spousal Visa Information (K3 Visa)
General Information
The U.S. citizen marries the foreign fiancee in the USA or in another country, the foreign fiancee goes back to their country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.
When the US citizen receives the notice of receipt from the service center for the I-130 petition, the US citizen files an I-129F petition to the Chicago center address for a K3 visa. Chicago sends this to the Missouri Center, and after Missouri approves the petition, it is forwarded to the foreign US consulate.
The rest of the K3 spousal petition is similar to a K1 fiancee visa process. The K3 spouse files for adjustment of status after entering the U.S., however has 2 years in which to do so. (The visa is a 2-year multiple re-entry visa).
Positives
Your spouse will be able to work upon entry after getting social security card and an EAD (Employment Authorization Document).
NO advance parole necessary for travel outside the U.S.
K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa.
K3 and K4 visa holders may extend status by showing strong intent to eventually adjust status.
After receiving the K3 visa, the spouse enters on the K3 and is allowed to work and travel. The spouse may file for adjustment of status BEFORE the I-130 petition is approved.
Negatives
It will be necessary to file for adjustment of status after entry or do consular processing of an I-130 in order to gain resident status.
Can only adjust status based on marriage to original petitioner. If the marriage fails before adjustment of status is complete, will have to leave the U.S.
K3 and K4 visa holders may not change to another visa status and stay in the U.S. if the marriage fails.
EAD (Employment Authorization Document) card must be obtained via mail to the Chicago USCIS office. The exact amount of time for work authorization is not known, but is thought to be a few months, possibly more.