The K-3 visa is a non-immigrant visa available for spouses of US Citizens. Unlike the K-1 visa for fiancés, the visa is for foreign nationals that are already married to a US citizen. In a typical case a US citizen files an immigrant petition for his or her spouse. This visa allows the beneficiary spouse to come to the US while the immigrant petition (I-130) is pending approval. It is valid for two years. Since the immigrant visa processing may take up a year, the visa is a good way for families to be united until the immigrant visa is approved.
If the K-3 visa holder has a child then the child may accompany his or her parent as a K-4 visa holder. The child must be unmarried and under 21 years of age. Both the K-3 and the K-4 visa holders are allowed to work in the United Stats once they are admitted into the country. However, they will need to apply for an employment authorization document. The employment authorization document serves as evidence of the right to work in the United States legally.
Here are the basic requirements:
- There has to be a valid marriage to a US citizen
- An I-130 must be pending approval for the applicant