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Can I change my K-3 Status to another status after arriving in the U.S.?
No, K-3 and K-4 Non-immigrant visa holders may not change their status to another non-immigrant classification, conversely other non-immigrant visa holders cannot change their status to a K-3 or K-4.
If I am the foreign born spouse applying for a K-3 visa, does my U.S. citizen spouse have to prove they can support me even if I am financially independent and can provide for myself and children?
No, an I-864 (Affidavit of Support) from your U.S. citizen spouse is not required when applying for a K-3 visa. However, when a foreign spouse adjusts their status for permanent residency, their U.S. citizen spouse will have to provide an I-864 (Affidavit of Support) to show the U.S. citizen spouse can support the foreign spouse and their children children financially.
If I am a K-3 Visa holder and I have to return to my home country for an emergency will that affect a pending Adjustment of Status?
No-K-3 and K-4 visa holders do not need advance parole documents and are free to leave and re-enter the U.S. for the duration of the time their visas are valid. Advance parole may, however, be necessary if the K-3 or K-4 status has expired while an adjustment of status is also pending.
If I am a K-3 visa holder within the U.S. do I need to wait until my adjustment of status is approved before I can apply to adjust the status of my children?
The foreign spouse does not have to wait for their adjustment of status to be approved before applying to adjust the status of their foreign children if the child in question is child of the U.S. citizen under the immigration laws. If the foreign child does not qualify as child of the U.S. citizen under the immigration laws, the child will have to wait until their foreign parent’s adjustment of status is approved so that their foreign parent may apply for an I-130 on their behalf.
For more detailed information on K-3/K-4, including minimum requirements and USCIS policies, please click on the relevant links on this page: