• K Visa FAQ - K1 Fiance Visa, K3 Spousal Visa and other Marriage Based Immigration Questions
    A Complete guide for obtaining a K1 and K3 (plus derivitive) Visa, immigrating, and becoming a US Citizen.


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    Section 13.0....Entering the United States with the K3/K4 Visa

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    Frequently Asked Questions:

    13.1)...I am coming in on a K3. What happens when we get off the plane?
    13.2)...How long is my K3/K4 status good for?
    13.3)...Do I have work authorization based on my K3 status, before applying for Adjustment of Status?
    13.4)...Does anybody know the requirements are on obtaining a social security number with a k3 visa? I tried to get one for my wife and the Social Security Administration told me she needs to get authorization to work first. I've heard stories that k type visa aren't required to get authorization to work??
    13.5)...My child did not move with me to the United States, but now he wants to move here. He was listed on the I-129F petition. Can he still get a K4 visa?
    13.6)...I just arrived in the United States as a K3, but if I have an emergency and need to return to my home country, can I return to the United States with no problems using my K3 visa?

    Note: You should also read Section 5.0, because Section 13.0 only concentrates on the "differences" the K4/K4 and the K1/K2.




    Answers:


    13.1)...I am coming in on a K3. What happens when we get off the plane?
    A..You will queue up with all the others going through Immigration. You might be directed to a waiting area until the other passengers are gone. Your sealed envelope will be opened, your passport will be stamped, you will have the I-94 arrival-departure card put in it. The officer may ask a few questions, and may say "Welcome to the United States". You leave the Immigration area, you will go to the baggage area to get your stuff, and then proceed through Customs.
    Although your actual processing may not take long, if you must make a connecting flight then you better allow plenty of time, maybe as long as 3 or 4 hours at a major airport where the queues may be long, and the distance between terminals even longer.

    If you are flying in from Canada, the Immigration/Customs procedure will occur before you get on the plane in Canada. If you are driving into the United States, the procedure will occur at the border crossing.
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    13.2)...How long is my K3/K4 status good for?
    A..Your status as a K3 is good for two years after entry into the United States. Your status will end sooner if your marriage ends, or if you are adjusted to Permanent Resident. A K4 status is good for two years, unless they turn 21, get married, or when their K3 parent becomes adjusted to Permanent Resident.
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    13.3)...Do I have work authorization based on my K3 status, before applying for Adjustment of Status?
    A..Yes. A K3/K4 is authorized to work based on their status, same as a K1/K2. There is a difference in actually *obtaining* the work authorization document, based on being a K3/K4. The only specific method outlined by USCIS (INS) thus far is to fill out the I-765 request for work authorization application and send it, with the fee, to the Chicago address used for the K3/K4 I-129F petition. You will apply as category (a)(9), K3 non-immigrant spouse. You will need to wait until you actually receive the EAD before legally obtaining employment. And you will also need a Social Security number. These this Guide for more information.

    The Vancouver Consulate was sending a letter (May 2002) with the K3 visas stating that the K3 would get a 2 year "work authorization" at the POE. We shall await further reports to see what develops.

    In mid January, 2002, we had this newsgroup report about a K3 EAD process... okay so we applied via chicago for an EAD via chicago.
    The good news is we got an NOA back in less than a week.
    Called up the (support) center for a fingerprint appointment
    and got one the next day.
    so the next day i walked into the USCIS (INS) support center at
    oakland, ca and was shown into a room where they took my
    fingerprint, photo and signature.
    Now it goes for an fbi check and i get authorization etc




    The same poster followed up in early March 2002 with this report... We were fingerprinted for the EAD on 12th january.
    We received authorization yesterday and told in an automated message
    that the card would turn up in 30-90 days.
    Note when a k3 files for an EAD you send the form to chicago.
    All your notices have a number starting with MSC....
    You can get status via an automated system by calling +1 816 478 2619
    Note it only took chicago two weeks to respond from receipt of original EAD application



    This sounds like the K3 will get a Notice of Action with instructions to go to a local USCIS (INS) Application Support Center for actual EAD card processing, with the card being sent in the mail after an FBI check. The "FBI check" part sounds odd, because the poster did not say he had a full set of fingerprints taken.
    All this is completely different than the methods a K1/K2 uses to obtain their initial 90 day EAD based on K1/K2 status, usually involving a visit to a local USCIS (INS) office, where they may obtain their 90 day EAD immediately, usually free of charge.
    You only other option for getting an EAD is by applying for work authorization when applying for Adjustment of Status. Many local offices will allow filing the AOS package in person, and an EAD can be issued the same day. If you apply for an EAD when submitting the I-485 Adjustment of Status Application, you will apply for the EAD as category (c)(9), "adjustment applicant". Please note..fingerprints, photos, and signature cards are no longer required to be submitted with the I-765 application.
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    13.4)...Does anybody know the requirements are on obtaining a social security number with a k3 visa? I tried to get one for my wife and the Social Security Administration told me she needs to get authorization to work first. I've heard stories that k type visa aren't required to get authorization to work??
    A..It is very possible that the Social Security Administration will amend their procedures and allow a K3 to obtain a SSN by simply showing proof of their status as a K3, similar to what the SSA does for the K1. Until the SSA indicates by word or action that this is what they will do, the K3/K4 will need to obtain an EAD prior to obtaining a SSN. Please read the SSN Guide for specific information on how to get a SSN for a K3/4 visa holder.
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    13.5)...My child did not move with me to the United States, but now he wants to move here. He was listed on the I-129F petition. Can he still get a K4 visa?
    A..There is nothing in the information thus far provided by USCIS (INS) or the State Department regarding this. It seems logical that a young person may apply for the K4 visa up till one year after the K3 is admitted to the US, same as the K1/K2. However, logic may not prevail in the face of real life. Once the K3 has adjusted to Permanent Resident, they no longer have K3 status, and since the K4 is a "derivative beneficiary" of the K3, the young person would no longer be eligible for a K4 visa. Since AOS can happen very quickly at some local offices, one should assume at this time that no opportunity will be available to apply for a K4 visa after the issuance of the K3. Those K3 folks with potentially eligible children "remaining behind" may want to carefully consider the timing of their AOS application.
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    13.6)...I just arrived in the United States as a K3, but if I have an emergency and need to return to my home country, can I return to the United States with no problems using my K3 visa?
    A..Yes. A K3/K4 is a multiple entry visa, and you may leave the United States and return using the same visa, even if you have applied for Adjustment of Status. Unlike a K1/K2, the K3/K4 does not need to obtain an "advance parole" document to reenter the United States, and applying for Adjustment of Status does not terminate the K3/K4 status.
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    This FAQ is located at http://www.visajourney.com/faq/k1faq.htm