Unlike family based petition, which is an immigrant petition for foreign national relatives, a K-3 is a nonimmigrant petition.  The K-3 application is filed concurrently with the immigrant petition for foreign national relative.  The K-3 will allow the foreign national to come to the U.S. while waiting for an FBI background check.  The FBI background check often lasts for months, and sometimes even years, depending on a variety of factors such as your name, your chargeability, and your nationality.  Thus, a successful K-3 application would allow the foreign national spouse and his or her dependents to unite with the U.S. citizen spouse while waiting for their background checks to complete.  The K-3 and K-4 nonimmigrant status will be terminated 30 days after one of the following:

The I-130 petition filed on the foreign national's behalf by the citizen petitioner;

An application for an immigrant visa by the foreign national; or

The denial of the foreign national's I-485 adjustment of status application;

K-2 and K-4 status will also be terminated when the foreign national turns 21 years of age or is married.

 

Contact the Immigration Lawyers at Smith & Garg today for a consultation!