K-3 Spousal Visa
The K-3 category allows a U.S. citizen to bring her/his spouse to the United States who is outside the United States. It requires filing of a petition with the USCIS followed by a visa application at an appropriate U.S. consulate. It is necessary to establish that the relationship is bona fide. This petition can be categorized as, non-immigrant temporary category. The K-3 allows entry to the U.S. for two years. Further steps must be taken to obtain permanent residence based upon the relationship that formed the basis of the K-3 petition.
Eligibility Requirements
If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:
- Is married to you;
- Is the beneficiary of a Form I-130, Petition for Alien Relative that you filed for him or her; and
- Seeks to enter the United States to await USCIS’ decision on the Form I-130.
A child of your foreign spouse may be eligible for a K-4 visa if he or she is:
- Under 21 years of age;
- Unmarried; and
- The child of the K-3 visa applicant you filed for.
Application and Authorization Process
The process for bringing your fiancé(e) to the United States involves USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé(e). This may include checks in various databases for national security, criminal history, and other information about you and your fiancé(e). These checks are conducted using fingerprints, names, or other biographic or biometric information.
You file Form I-129F, Petition for Alien Fiancé(e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé(e). Minor children can accompany in K-2 status
Time duration for approval
6-8 weeks
Forms required to be submitted for this application
To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS:
- Form I-130, Petition for Alien Relative: Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received your Form I-130.
- Form I-129F, Petition for Alien Fiancé(e): Submit Form I-129F to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-129F page. You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa.
To obtain a K-4 visa for your spouse’s children, you do not need to file a separate Form I-129F or Form I-130. You must list your spouse’s children on the Form I-129F you filed for your spouse.
Please note, however, that you must file a separate Form I-130 for your spouse’s children before they may apply for a Green Card.
How we can help
Our attorneys are available to consult with both you and your spouse to discuss all the steps involved for approval of the K-3 visa and filing Form I-485, Application to Register Permanent Residence or Adjust Status. To start the process:
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