K-3 visa

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The K-3 visa is a nonimmigrant visa issued to the foreign citizen spouse of a U.S. citizen. The K-3 permits the foreign citizen spouse to travel to the U.S. to await the approval of a pending I-130 immigrant visa petition filed by the U.S. citizen. 

Unlike the K-1 visa, which is for a fiancé(e), the K-3 visa is for a spouse.  After the U.S. citizen has filed Form I-130, Petition for Alien Relative on behalf of their spouse living abroad, the U.S. citizen may apply for a K-3 visa for their spouse to travel to the U.S. to await approval of the immigrant visa petition. 

Key points about the K-3 visa:

  • Purpose: To allow the spouse of a U.S. citizen to join them in the U.S. while waiting for their Form I-130, Petition for Alien Relative to be approved.
  • Eligibility:  Both the U.S. citizen and the foreign spouse must meet specific requirements, including being legally free to marry and having a genuine relationship. 
  • Children: The foreign citizen spouse’s unmarried child under the age of 21 may receive a K-4 visa. 

The K-3 visa process typically involves:

  1. Petition Filing: The U.S. citizen has already filed a Form I-130, Petition for Alien Relative.  Now, the U.S. citizen files a Form I-129F, Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS).  Once approved, it is forwarded to the National Visa Center (NVC) for consular processing.
  2. Visa Interview: The foreign spouse attends an interview at a U.S. Embassy or Consulate in the country where the marriage took place. 
  3. Visa Approval: If approved, the foreign spouse receives the K-3 visa and may travel to the U.S.  The K-3 visa is a multiple-entry visa valid for 2 years.
  4. After Admission to the U.S.: Once the underlying Form I-130 petition is approved, the foreign citizen spouse may apply to adjust status to permanent residency (green card) with USCIS. Certain rules and exceptions apply to children.

Benefits of the K-3 visa:

  • A K-4 is employment authorized incident to status, but must still apply for an Employment Authorization Document (EAD).

Note: The K-3 visa process can be time-consuming, and it is important to plan ahead and gather all necessary documents.

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