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Preparation Services - K1 Visa, K3 Visa Philippines


Is an Affidavit of Support required as part of a K-3 or K-4 visa application?
A Form I-864, Affidavit of Support Under Section 213 of the Act, is not required when applying for the K-3 or K-4 visa. However, the K-3 or K-4 nonimmigrant will need to furnish evidence showing that he or she will not become a public charge while in the United States. You may opt to complete a Form I-134, Affidavit of Support, to help demonstrate that your K-3 or K-4 will not become a public charge while in the United States. When the K-3 or K-4 visa holder applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will require a Form I-864.
My noncitizen spouse’s K-3 status is about to expire, and we are still waiting approval of adjustment of status. Is there anything we can do to keep the K-3 status?
Yes, the K-3 visa holder can apply for an extension of status by filing Form I-539, Application for Extension of Stay, with USCIS no more than 120 days prior to the expiration of the K-3 visa. By obtaining an extension of K-3 status, your spouse will be able to leave the United States and return without advance parole. Your spouse may also choose to apply for advance parole based on the pending application for adjustment of status. If your spouse wants to apply for advance parole, he or she will need to file Form I-131, Application for Travel Document.