Adjustment of Status (AOS) Success: The K-3 Visa Advantage

We are pleased to confirm that the Adjustment of Status (AOS) application for our client, who entered the U.S. on a K-3 Visa, has been granted. This successful outcome occurred despite a challenging process at the final interview.

The Interview Challenge and “Final Consent”

The client’s interview with the USCIS Officer was intense, even though the Form I-130 Petition for Alien Relative had already been accepted and approved. This detailed grilling is standard, particularly in marriage-based cases, as the officer’s job is to ensure the marriage is bona fide (genuine). The purpose is for receiving final consent on the green card application. The officer must confirm that the marriage was not entered into solely to gain an immigration benefit, regardless of prior I-130 approval. Our preparation ensured the client was ready to affirm the validity of their marriage. Consequently, this led to the successful grant of the green card.

Understanding the K-3 Nonimmigrant Visa

The K-3 nonimmigrant visa is specifically designed for the foreign-citizen spouse of a United States (U.S.) citizen. Its primary purpose is to allow the spouse to enter the U.S. and reside with their family. This occurs while waiting for the lengthy processing of the underlying I-130 immigrant visa petition.

Key benefits of the K-3 category include:

• Residence in the U.S.: The K-3 status allows the spouse to reside in the U.S. with their family immediately. This avoids separation during the consular processing wait time.
• Work and Travel Authorization: K-3 visa holders can apply for a work permit (EAD) immediately upon arrival. They can also travel outside of the U.S. on short trips and re-enter without jeopardizing their pending immigration case.
• Validity: The K-3 visa is typically valid for an initial period of two years. After which, the beneficiary can apply for an extension of stay by filing Form I-539, Application to Extend or Change Nonimmigrant Status, if the I-130 petition is still pending.

The Speed Advantage Over K-1 Visas

A primary benefit of the K-3 visa over the K-1 Fiancé visa is the potential speed of permanent residence. K-3 applicants are already married before they enter the United States. They usually file their immigrant petition (I-130) prior to or at the same time as the K-3 application.

Because the underlying I-130 is already moving forward during the K-3 processing time, these applicants can typically obtain permanent residence status (green card status) a few months faster than K-1 fiancé applicants, who must get married after entering the U.S. They then file their I-130 and AOS concurrently. The ability of the K-3 spouse to immediately file for AOS upon entry accelerates the entire immigration timeline.