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.
Please read the Terms
of Service before continuing.
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 https://www.visajourney.com/faq/k1faq.htm
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