Practice Areas

K Visa

The K-3 Visa category created by the LIFE Act of 2000, allows the spouse, of a United States citizen to enter into the United States and apply for permanent residence. A component of this visa called the K-4 allows for the unmarried minor children of the beneficiary to accompany the primary beneficiary.

Before the existence of the K-3 and K-4, a spouse of a United States citizen and minor children not in the United States could only obtain entry by applying for permanent residence and finalizing the process at a U.S. Consulate in their home country. This usually meant that a petition for alien relative be filed in the alien spouse’s benefit. Once the petition is approved a consulate appointment would follow at which time the alien spouse could obtain an immigrant visa to come in and live inside the United States. The approval of such petitions could take as long as 999 days.

The benefit of obtaining a K-3 Visa over consulate processing for permanent residence is that the K-3 Visa is usually processed quicker and allows the beneficiary the ability to obtain a consular appointment and entry into the United States much faster than obtaining permanent residence abroad. The K-3 does not require the approval of petition as a condition of its issuance. The K-3 is a multiple entry visa that allows for the beneficiary to remain in the United States and travel abroad while the visa is in effect. During the authorized period of stay the beneficiary and minor children will also be given the right to apply for work authorization.