The spouse or child of a U.S. citizen can now be admitted to the United States to complete processing for permanent residence while in the United States. Those admitted in this new category to have permission for employment while they await processing of their case to permanent resident status. This falls under the category Family-based immigration law.
A foreign national may qualify for a K-3 visa if he or she:
- has concluded a valid marriage with a citizen of the United States;
- has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
- seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status; and
- has an approved Form I-129F, Petition for Alien Fiancé(e), forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 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 receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of a foreign national eligible to be a K-3.
Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending.
Travel Outside the United States
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.