If you are an American citizen and willing to bring your foreign spouse or a child under 21 to the US , you can seek the help of the Legal Immigration Family Equity Act (LIFE Act). According to this Act, the US citizen is sponsored with a new non-immigrant visa category known as K-3 that allows the spouse or child below the age of 21 to enter the country. Upon entry, the spouse or child of the US citizen is also eligible to file a petition for permanent residency. During the course of processing for permanent residency, the K-3 holder may also work in the US by taking permission for employment. However, children of a US citizen are free to study in the US schools or educational institutions.
Significance of K-3 Visa
The K-3 spouse of a US citizen has the right to enter the US to reunite with his or her family. Upon entry, the K-3 visa permits the non-immigrant spouse to apply for immigrant status. It is one of the significant benefits endowed by the Legal Immigration Family Equity Act (LIFE Act) to the non immigrant spouse of a US citizen.
Advantages of the K3 Visa offered to the spouse of a US citizen
• The spouse of a US citizen applying for the K-3 visa can get approval within a limited time frame in comparison with other marriage-based immigration visa petitions.
• The K-3 spouse of a US citizen is entitled to get into a job by filing Form I-765.
• The K-3 spouse of a US citizen can take his or her children to the US on the K-4 dependent visa.
Who approves K-3 visa petition?
The United States Citizenship and Immigration Services (USCIS) has a great role behind visa K-3 visa approbation. It is imperative for the foreign spouse to obtain initial approval from the USCIS prior to seeking admission to the United States. As a general rule, if the marriage took place outside the US, the K-3 visa must get an immigrant visa issuing consular post situated in the country where the marriage took place. However, on certain occasions an exception to the rule of issuing K-3 visa has been noticed. It generally happens in a foreign state where there is no US consulate. In that state of affairs, the K-3 visa must get issued at a Consulate having the authority to issue visas particularly to foreign nationality.
In addition, the principles of USCIS declare that foreigners residing in the US on other non immigrant visas are precluded from altering their present status to K-3 visas. Apart from this, there is no such condition that may exempt a foreigner to apply for a K-3 visa from abroad and re-enter the country under the non-immigrant visa category.
It is also worthwhile to mention that under the USCIS regulations, the K-3 spouse of a US citizen is prevented from changing the status to any other nonimmigrant visa category while residing in the US. Though, the spouse is free to attain permanent residence by marrying the original US citizen who will file a petition on behalf of the prospective spouse.
