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V visa applicants outside the U.S. can apply for their V visa at a U.S. consulate abroad. Applicants in the U.S., even those that are here unlawfully, may change their status without returning home. |
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V visa applicants are NOT inadmissible for having been unlawfully present in the U.S. more than 180 days. |
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On December 21, 2002, the Legal Immigration and Family Equity Act (LIFE) extended K visa benefits to the spouse and unmarried minor children of U.S. citizens by creating the new K3 visa, which allows spouses and unmarried minor children of U.S. citizens to live and work in the United States while waiting to get their permanent residence status. Prior to LIFE, the K visa was only available to the fiancé of a U.S. citizen and his children. |
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The K-3 visa is available to current and future spouses and unmarried children (under 21) of U.S. citizens who are awaiting processing of their green card petitions outside the U.S. To qualify the applicant needs to have a U.S. citizen petition on his or her behalf. |
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K-3 visa holders can legally reside and work in the U.S. while waiting for the review of their permanent residency applications. The ability to adjust status and a much quicker entry into U.S. are big benefits for unmarried children of (18 or older but under 21) U.S. citizens who are not the natural children of the petitioning spouse. Prior to LIFE, such children waited for years for the approval of their visas. |
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Where the marriage has taken place abroad, K-3 visa applicants must apply for their visas at the U.S. consulate in the country where the marriage occurred. If the petitioner is in the U.S., he will file from within the country and notice of approval will be forwarded to the U.S. consulate. |
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The unlawful presence entry bars apply. If the applicant were inadmissible on any grounds, he would require a waiver under section 212(d)(3)(A) and a finding that the applicant would be eligible for a waiver at the adjustment of status interview. For applicants facing inadmissibility charges, the risk of applying at a U.S. consulate is great. |
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First, the U.S. citizen must file a petition, Form I-129F, Petition for Alien Fiancé (e), with the USCIS Service Center having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. USCIS will forward the approved petition to the U.S. consulate where the foreign national's fiancé (e) will apply for the visa. A petition is valid for four months from the date of USCIS action, and may be revalidated by the consular officer. |
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The consular officer will notify the beneficiary when the approved petition is received and provide the beneficiary the necessary forms and instructions to apply for a "K" visa. A fiancé (e) visa applicant is an intending immigrant and, therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant. The following documents are normally required:
- Valid passport
- Birth certificate
- Divorce or death certificate of any previous spouse
- Police certificate from all places lived since age 16
- Medical examination
- Evidence of support
- Evidence of valid relationship with the petitioner
- Photographs of the petitioner and the beneficiary
The beneficiary should also have two photographs, 1.5 inches square (37x37mm), showing full face, against a light background. |
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