Can my spouse work while waiting for I-130?

Can My Spouse Work While Waiting for an I-130 Petition?

For U.S. citizen spouses of individuals with pending I-130 petitions, there is a path to work and live in the United States while the petition undergoes processing. The K-3 visa provides this opportunity.

What is the K-3 Visa?

The K-3 visa is a nonimmigrant visa specifically designed for spouses of U.S. citizens who have filed an I-130 petition on their behalf. Once approved, the K-3 visa allows the spouse to enter the United States and remain lawfully while awaiting the final decision on the I-130 petition.

Eligibility Requirements

To qualify for the K-3 visa, the applicant must meet the following criteria:

• Be the spouse of a U.S. citizen
• Have a pending I-130 petition filed by their spouse
• Prove the validity of the marriage

Application Process

To apply for the K-3 visa, the applicant must submit the following forms to the U.S. Citizenship and Immigration Services (USCIS):

• Form I-129F, Petition for Alien Fiancé(e) or Spouse
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Supporting documentation, such as proof of identity, marriage certificate, and financial support

Work Authorization

Upon approval of the K-3 visa, the spouse becomes authorized to work in the United States. To obtain a work permit, they must file Form I-765, Application for Employment Authorization, with USCIS.

Timeframe

The processing time for the K-3 visa can vary depending on factors such as the workload at USCIS and the applicant’s specific case. However, it generally takes several months to complete the application process.

Benefits of the K-3 Visa

The K-3 visa offers several benefits for eligible spouses:

• The ability to work legally in the United States
• Living in the United States while the I-130 petition is pending
• The possibility of obtaining permanent residency once the I-130 petition is approved

Conclusion

For spouses of U.S. citizens with pending I-130 petitions, the K-3 visa is a valuable option to work and reside in the United States while awaiting the outcome of the petition. By following the eligibility requirements and application process outlined in this article, spouses can take advantage of this opportunity to build a life together in the United States.