The U.S. citizen marries the foreign
fiancee in the USA or in another country,
the foreign fiancee goes back to their country, the U.S. citizen
applies to the Service Center for an I-130 spousal visa petition. K3 Visas.
When the US citizen receives the notice of receipt from the
service center
for the I-130 petition, the US citizen files an I-129F
petition to the Chicago center address for a K3 visa. The rest of the K3 spousal petition is similar to a K1 fiancee
visa process. The K3 spouse files for adjustment of status after
entering the U.S., however has 2 years in which to do so.
Will be able to work upon entry
after getting social security card and an EAD (Employment
Authorization Document). NO
advance parole necessary for travel outside the U.S.
K3 and
K4 visa recipients are in valid status for 2 years and the visa is a multiple
re-entry visa. After
receiving the K3 visa, the spouse enters on the K3 and is allowed to
work and travel. The spouse may file
for adjustment of
status BEFORE the I-130 petition is
approved.
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It will be necessary to file for adjustment of status after
entry or do consular processing of an I-130 in
order to gain resident status.
K3 and K4
visa holders may not change
to another visa status and stay in the U.S. if the marriage
fails. EAD (Employment
Authorization Document) card must be obtained via mail to the
Chicago USCIS office.
The exact amount of time for work authorization is not
known,
but is thought to be a few months, possibly
more.
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