K3 Spouse Visa FAQ

HomeUS Visa & ImmigrationK3 Spouse Visa FAQ
  1. Who Is a “Spouse”?

    A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration.

    U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.
  2. Can a K-3 Visa Holder Work in the United States?

    As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit). You can get more information by clicking on How Do I Get a Work Permit (Employment Authorization Document)?
  3. Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States?

    K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.
  4. Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

    Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application.
  5. How to Apply for a Social Security Number Card

    Before your spouse arrives in the United States , you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.

    Refer to the Social Security Website for further instructions
  6. If the child is not named on the I-129F petition, will that be a problem?

    The K-4 visa will not be denied because the child’s name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.
  7. What is the difference between immigrant and non-immigrant visa?

    There are two types of Visas, immigrant and non-immigrant. In an immigrant visa, the applicant is applying for permanent residence in the United States. With a nonimmigrant visa, the applicant is visiting the United States for a temporary period of time for tourism, medical treatment, business, temporary study or temporary work.
  8. What Should I Know about International Marriage Broker Regulation Act (IMBRA)?

    If you met your fiancé or spouse through the services of an international marriage broker, you must notify USCIS of that fact by answering Question 19 on the form I-129F. The term international marriage broker means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as lawful permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals. For additional IMBRA requirements, see Form I-129F.

    >>Download the Form I-129F
  9. What Are the Penalties for Giving False Information?

    Title 18, United States Code, Section 100 states that whoever will fully and knowingly falsifies a material fact, makes a false statement or makes use of a false document will be fined up to $10,000 or imprisoned up to five years, or both.
  10. What Are the Penalties for Marriage Fraud?

    Title 8, United States Code, Section 1325 states that any person who knowingly enters into a marriage contract for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than five years or fined not more than $250,000, or both.
  11. How Can I Check the Status of My Application?

    Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your visa petition.
  12.  I have Further Questions.

    If advice is needed, you may contact the USCIS District Office near you for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. You can visit the USCIS field offices home page for more information on contacting USCIS offices. In addition, the USCIS Web page provides information on obtaining free legal advice.

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