How to Extend K3 Spouse Visa in the USA

Young man smiling and reviwing tickets, passport with visa

For people who desire to bring their husband or fiancé(e) to the US, the K3 spouse visa is a popular choice.

The K3 visa, however, is only good for two years and must be renewed every two years to stay in the country. The visa will expire if it is not renewed, in which case you will have to leave the country.

The procedure for extending a K3 visa can be very complicated and calls for submitting paperwork, doing so, and fulfilling specific requirements.

What Is a K3 Spouse Visa?

For foreign wives of U.S. citizens who want to reside and work in the country, the K3 Spouse Visa is a non-immigrant visa. Holders of K3 visas are allowed a two-year temporary stay in the country, following which they can request an extension by submitting Form I-539 four months before the end of their current authorized stay.

An applicant for a K3 spouse visa can normally extend it at the relevant U.S. embassy or consulate overseas in increments of two years by presenting the same paperwork they submitted when they first applied for the visa. When filling out Form I-539, the main prerequisite for extending a K3 visa is that the applicant must still be wed to their U.S. citizen spouse and show a valid passport as evidence of this relationship.

Requirements for K3 Spouse Visa Extension

Form I-539 must be submitted four months before the existing approved stay expires to extend the K3 visa. The applicants must demonstrate that their marriage is legally legal and that both spouses continue to be tax-resident residents of the US. To qualify for an extension, applicants need to:

  • Have a current K3 visa with an unexpired status.
  • Show proof of adequate financial support with Form I-134, “Affidavit of Support.Under Section 213A of the Act”.
  • Provide valid evidence of marriage.
  • Provide proof of income or other financial resources to ensure self-support.
  • Be able to present evidence that one partner is a US citizen or permanent resident.
  • Show proof of residency in the US for both partners by demonstrating activities such as having an apartment or owning a home and filing joint tax returns in the US.

The extension of stay may not exceed two years but can be extended in increments of up to 2 years if all requirements are met without further filing to USCIS.

How to Apply for a K3 Spouse Visa Extension?

Before it expires, make sure to complete the necessary measures to extend your K3 visa. The K3 visa has a two-year validity period, and an I-539 form must be used to request an extension of stay. This paperwork, which can enable you to stay in the US for an additional two years, must be submitted at least four months before the visa expires.

To apply for a K3 spouse visa extension, you will need to prepare the following:

  • Completed Form I-539
  • Proof that you are in a valid marriage
  • Copy of your current K3 visa
  • A passport-sized photograph of yourself
  • Evidence that you have enough financial resources to support yourself while in the US
  • Payment of the application fee of $370

It’s important to note that those who are working in the US under their K3 spouse visa may need an additional form, such as an I-129 F or an I-765. If this is relevant, it’s best to check with an immigration lawyer before lodging your application.

Documents Needed to Extend Your K3 Visa

If it’s time to extend your K3 visa, you need to prepare the right set of documents to successfully apply for an extension.

The required documents are:

  • Form DS-160: This is an application form that must be completed electronically. It asks for information about you, your finances, and other personal details.
  • Evidence of Financial Support: You’ll need to provide proof of financial support such as income tax returns and bank statements to show that you can financially support yourself and any dependents during your stay in the US.
  • Form I-539 (Application to Extend/Change Nonimmigrant Status): This form is used for extending or changing a nonimmigrant’s status in the US. The form must be submitted at least 120 days before your authorized stay ends, as well as along with evidence of financial support and Form DS-160.

By gathering all of these documents together, you’ll be able to apply for an extension on your K3 visa with the necessary knowledge, paperwork, and guidelines.

The Process of Extending Your K3 Spouse Visa in the US

Your K3 Spouse visa can be extended in the US in a fairly simple manner. You must submit a petition to the U.S. to extend your K3 status. Services for Citizenship and Immigration (USCIS). Your original marriage certificate, confirmation that your spouse is a citizen of the United States, and documentation of your actual presence in the country over the previous two years should all be included in your petition.

Once your petition is approved, you will receive an approval notice from the USCIS which will provide you with instructions on how to extend your K3 status for up to two years or until you are eligible for permanent residence in the US.

To extend your K3 visa, you must file Form I-539, Application to Extend/Change Nonimmigrant Status, with the USCIS within 30 days before the expiration date on your current visa status. You must also submit evidence showing that:

  • You have maintained a legal status in the US since entering with the K3 visa;
  • You have not been employed other than as a dependent spouse; and
  • You have been living with and remained married to your spouse during this period.

Once approved, you will be granted another two years of nonimmigrant status or until you are eligible for permanent residence in the US as a lawful permanent resident (LPR).

FAQs on Extending a K3 Spouse Visa in the USA

Extending a K3 Spouse Visa in the USA can be confusing, and there are many questions associated with the process. Here are some of the most commonly asked questions when it comes to extending a K3 Spouse Visa.

How Long Does It Take To Extend a K3 Spouse Visa?

Generally, it can take around 6-8 weeks for your application to be processed and for you to receive an answer from USCIS. However, this time frame can vary depending on factors such as the volume of applications, backlogs, and processing time at local USCIS offices.

Is There a Deadline For When I Should Apply To Extend My K3 Visa?

Yes, you must file your application for an extension before your current visa expires. If you do not apply in time or if your application is denied, you may find yourself having to leave the country due to a lack of legal status.

Can I Work While My Extension Application Is Being Processed?

No, while your extension application is being processed, your prior visa will remain valid; however, you may not work in the United States until you have received an answer from USCIS regarding your extension request.

Are There Any Other Requirements Beside Filling Out Forms?

Yes – all applicants must also provide evidence of their marriage to prove eligibility. Acceptable documents include marriage certificates and other proof that you and your spouse have been living together as husband and wife since the marriage was established.

Common Mistakes to Avoid When Applying for an Extension of Your K3 Visa

When extending your K3 visa, be sure to avoid the following common mistakes:

  • Not Submitting All Necessary Documents

  • You must provide the necessary documentation while requesting an extension of your K3 visa. Your application will not be processed if any of the required documentation, such as a valid passport, marriage documentation, or Form I-129F, is not provided.
  • Submitting the Wrong Version of Form I-129F

  • Form I-129F must include the most updated version for it to be accepted. It is important to double-check the version and make sure it matches what is listed in the instructions before submitting your application.
  • Not Applying Early Enough

  • The processing time for extending a K3 visa can take up to several months, so it is important to make sure you apply early enough. In most cases, you should apply at least two months before your current visa expires to give yourself enough time for the application process.

Extending a K3 visa in the USA is a complicated process, but can be made easier with the help of legal professionals. An experienced immigration attorney can guide you through the process and ensure that your extension is approved successfully.

The key steps to extending a K3 visa are as follows:

  1. Gather supporting documents to prove your relationship with your spouse is still active and valid.
  2. Submit Form I-130 to USCIS, along with supporting documentation, fees, and other required forms.
  3. Receive an approved I-130 petition from USCIS and file an extension application with USCIS Form I-539.
  4. Receive notification of approval from USCIS and pay any applicable fees to receive your extended K3 visa in the mail, typically within 6 weeks.

With careful planning and thorough research, extending a K3 visa can be done without too much hassle or stress. The most successful extensions are those that are well prepared and researched, which requires time – it’s best to get started early on the process to maximize your chances of success!

Make careful to renew your K3 visa before it expires if you have entered the US on that visa. The application procedure is quite simple, and it is not difficult to acquire the necessary paperwork. You must submit the necessary paperwork, together with your passport, proof of your current immigration status, and any documentation showing that you were legally married.

Furthermore, to make sure your K3 visa is completed accurately and promptly, it is advised to get in touch with a legal professional who is knowledgeable in US immigration law if you are ever unsure how to proceed with the renewal of your visa.