The Family Immigration (LIFE) Act of the United States provides for a K-3 nonimmigrant visa category, which allows the spouse of an American citizen to come to the United States as a tourist to wait until he or she can obtain permanent residence in USA.
US Family Visa K-3. Advantages:
The K-3 visa is much faster to process compared to Marriage-based Immigrant Visa Applications;
You can apply for a Work Permit by registering Form I-765 and working in the United States;
Your children can accompany you to the United States on a K-4 dependent visa if they are listed on the K-3 Visa Application.
US Family Visa K-3. Requirements and documents
You may be eligible for a K-3 visa if:
You are officially married to an American citizen;
You have an I-130 Family Immigration Petition filed by an American spouse on your behalf;
You want to come to the United States for the purpose of obtaining a Green Card and subsequent legal permanent residency.
Before you can apply for a K-3 visa at the US Consulate, your US citizen spouse must file Form I-130 on your behalf with the US Immigration Center (USCIS). In return, your spouse will receive a Form I-797 – Approval of the Petition, which states that USCIS has received Form I-130. Your spouse must then send on your behalf a copy of this Form I-797 along with the USCIS Form I-129F to the following address:
U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218
Once Form I-129F is recognized by USCIS, you can apply to the American Consulate near your place of residence for a K-3 visa.
US Family Visa K-3 – Length of Stay
You may remain in the United States while awaiting the approval of Form I-130 and Permit to apply for Resident Status or Green Card.
Visa for children of K-3 visa holder.
Your children under the age of 21 who wish to accompany you to the United States or join you later may apply for a K-4 visa. They can also get a job while in the United States.