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Alien-Spouse Visa (K-3 and K-4) |
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The Legal Immigration Family Equity Act (LIFE) of 2000 established a new category that allows the spouse of a U.S. citizen to be admitted to the U.S. in a nonimmigrant category for a 2-year period. The admission allows the spouse or child to apply for permanent residence while in the United States instead of waiting for years abroad. It also allows those admitted in this category to obtain work authorization while their permanent resident status case is pending.
A person may receive a K-3 visa if that person:
- Has married a United States citizen;
- Has a relative petition filed by the U.S. citizen spouse on his/her behalf;
- Seeks to be admitted in the United States to await the approval of the petition and ensuing lawful permanent resident status, and,
- Has an approved Petition for Alien Fiancé or Fiancée (the Fiancé(e) form serves for the spouse as well), forwarded to the American consulate abroad where the alien wishes to apply for the K-3 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.
A person may be issued a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible for a K-3 visa.
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