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How long can a K3 visa holder can legally stay in america?

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How long can a K3 visa holder can legally stay in america?

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  1. Background:

    The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing  # for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.#


  2. Once they've entered on a K-3, they can stay in that status until USCIS has adjudicated the IR-1 spouse of an American citizen petition that was the basis for the K-3. So, how long that status can go on depends on how long it takes USCIS to catch up with the paperwork and issue the green card. Sometimes, that takes several years.  But spouses of Americans are immigrants and can stay in the US forever, and often become Americans themselves, of course.

  3. The USCIS only admits K-3 spouses for a two-year period. The USCIS may grant extensions of K-3 visas in two-year increments if the marriage-based I-130 visa petition, the adjustment of status application, or the immigrant visa petition is still awaiting adjudication.

    A K-3 visa holder's authorized stay will expire thirty days after any of the following events:

    a. The USCIS denies the I-130 visa petition filed by the United States citizen petitioner on the K-3 visa holder's behalf;

    b. The USCIS denies an adjustment of status application filed by the K visa holder; or

    c. If for some reason, the K-3 visa holder decides to apply for an immigrant visa at the appropriate United States consulate abroad, the consulate denies the immigrant visa application.

    d. Termination also will automatically occur 30 days after the divorce of the K-3 spouse from the United States citizen petitioner.

    Hope your question has been fully answered.**

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