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The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.
K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Dealing with marriage immigration can be overwhelming, but it doesn’t have to be. VisaNation attorneys can take care of all of your worries and prepare your marriage application to the highest standard. Get started today!
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Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have an immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa.
It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.
Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the U.S. while immigrant visa petitions are pending approval by USCIS.
How does U.S. immigration law define a spouse?
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There are three major steps involved in getting a K-3 visa. The U.S. citizen will begin the process by filing an I-130 form. While that is pending, he or she will also submit an I-129F petition. Once the I-129F form is approved, the foreign spouse will complete the process through consular processing at a U.S. embassy or consulate in his or her home country. Each of these stages is explained below:
I-130 Form
The U.S. citizen sponsor must first file I-130 form, otherwise known as Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where the U.S. citizen lives.
The I-130 form is used to establish that there is a valid marriage between the U.S. citizen and foreign spouse for the purpose of permanent immigrant visa application. Due to the common fraudulent methods associated with marriage-based green card sponsorship, the USCIS will require the petitioner to prove beyond doubt that their marriage is bona fide, and not fraudulently entered into for the purpose of getting a green card.
Several personal questions will be answered in the application form. There must also be relevant strong supporting documents as proof of genuine marriage. See the documents checklist for the I-130.
After submitting the I-130, the USCIS will send a receipt number indicating that they have received the application. However, because immigrant visas can take a long time to process and it’s often not ideal to stay apart from family for the whole processing period, the K-3 nonimmigrant visa will allow applicants to live in the U.S. during that pending time.
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I-129F Form
Having completed the above requirements, the U.S. citizen spouse would then need to file an I-129F. Though this form is known as the Petition for Alien Fiancé(e), it is also used for K-3 spousal visas.
While the I-129F is for the nonimmigrant visa application process, it has many things in common with the I-130 form in that they are both used to establish a bona fide marriage relationship. Therefore, the U.S. citizen will need to submit the form along with supporting documents similar to the ones submitted with the I-130 form. They are as follows:
The average time to receive the receipt of notice is around 30 days. Depending on the workload at the USCIS service center in charge of the petition, the I-129F form processing time ranges between six to nine months. After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing. The beneficiary (foreign spouse) will also get the correspondence that the I-129F form has been approved. Once, he or she has been notified, the next thing is to proceed with the consular processing, as explained below.
There are numerous forms to submit in marriage immigration along with different documents that you must provide depending on your background. Any mistakes or errors can easily delay the processing of your application and your arrival in the U.S. VisaNation attorneys helped thousands of families to reunite in the U.S. Get started today!
If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. embassy or consulate in the country where the marriage took place.
The U.S. embassy or consulate where the foreign-citizen spouse will apply will provide him/her with specific instructions, including, where to go for the required medical examination. The foreign citizen spouse will then be called for an interview at the U.S. embassy or consulate to determine if he/she is eligible to receive the K-3 visa.
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Consular Processing Steps
The foreign spouse will need to first create a user account on the website of the U.S. embassy or consulate processing the visa. Once that is done, he or she will then download the DS-160 application form, fill it out, and submit it electronically to the Department of State.
Upon the completion of the application form, the web portal will generate a confirmation page with a barcode. This confirmation page must be printed as the barcode on it will be needed to book and attend the visa interview at the embassy later.
The foreign spouse will need to use one of the acceptable payment options on the website to make the K-3 visa processing fee payment. The DS-160 application also requires a pre-scheduled one-on-one interview at the embassy or consulate in your home country. Additionally, an immigration medical exam will be required. The medical exam is conducted by one of the civil physicians approved by the embassy or consulate and must be completed before the visa interview date.
Supporting documents for K-3 consular processing may vary depending on the embassy or consulate. However, the following are the common items you will need to complete the application:
Once the above steps have been completed accordingly, the embassy will notify the foreign spouse of the interview appointment. The notification will contain the date, location, and time of the interview as well as the required items to bring along. If all goes well and the foreign spouse receives K-3 visa approval after the interview, he or she may then travel to the United States.
Now that the foreign spouse is in the United States, the last leg of the application can be completed by filing an I-485 form, also known as the Application to Register Permanent Residence or Adjust Status. The form can be submitted along with the I-795 and I-131 forms. These two forms are used to request for an employment authorization document (EAD) and travel permit, respectively.
The I-795 and I-131 forms are processed within nine months while the green card petition may still be pending. These will serve as the immigrant’s work permit and travel permit to allow them to work lawfully in the United States and to travel and reenter the country while the green card is pending.
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Simple and Fast Marriage Green Cards
In order to receive your social security number, K-3/K-4 visa holders have to obtain employment authorization documents (EADs) prior. To receive this authorization complete Form I-765 along with an I-485 Adjustment of Status petition.
When you’re ready to do so, take your marriage certificate to the social security office in order to receive your card with the correct last name. A K-3 visa lawyer can walk you through the process step-by-step.
There are three distinct advantages of securing a K-3 visa over other visa petitions. The first benefit is that the waiting period is typically shorter in relation to other marriage petitions. The second benefit is you are able to file for a work permit which is a significant factor for many immigrants. Also, you can bring children under the age of 21 along with you to the United States of a K-4 dependent visa.
Take a look at some of the most frequently asked questions K-3 visa lawyer receive.
Q. What are the main requirements for a K-3 visa?
The main requirements to be eligible for a K-3 visa are that you be legally married to a citizen, have the I-130 petition filed by your spouse (U.S. citizen) on your behalf, and are seeking to enter the country while waiting for a green card petition to be processed. If you believe you meet these three criteria, contact a qualified K-3 visa lawyer or attorney.
Q. What is the K-3 visa processing time?
K-3 visa processing time varies from case to case, although on average, USCIS takes 3-5 months to process plus an additional 2-3 months at the consulate.
Q. What is the maximum duration you can stay on a K-3 visa?
K-3 spouses can stay up to 2 years initially or until I-130 has been approved and they can apply for green cards. If for whatever reason USCIS has not approved the I-130 yet, then you are permitted to file extensions.
Q. Can you study or work on a K-3 visa?
You are permitted to study and work on a K-3 visa by applying for an employment authorization document (EAD) visa Form I-765.
The K-3 visa attorneys at VisaNation Law Group will be happy to assist you with navigating the process of obtaining a K-3 visa for your foreign citizen fiancé(e). They will prepare and file all the necessary forms with supporting documentation and guide you every step of the way. Start your immigration journey today!
