K3 Visa: Spouse of U.S. Citizen
The K-3 Visa is a non-immigrant visa designed for foreign spouses of U.S. citizens who are waiting for their spousal Green Card (CR-1/IR-1) application to be processed. It allows the spouse to enter and live in the U.S. while their immigrant visa petition is pending.
What is the K-3 Visa?
The K-3 visa is a temporary non-immigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while waiting for the approval of their immigrant visa petition (Form I-130). Once in the U.S., the K-3 visa holder can apply for Adjustment of Status (Form I-485) to become a permanent resident (Green Card holder).
The K-3 visa was originally introduced to reduce long wait times for spousal visas, but due to modern CR-1/IR-1 visa processing speeds, it is now rarely used.
K-3 Visa Eligibility Requirements
To qualify for the K-3 visa, applicants must meet the following criteria:
- Legally Married: The couple must be legally married before applying.
- U.S. Citizen Sponsor: The petitioner must be a U.S. citizen (not a Green Card holder).
- Pending I-130 Petition: The U.S. citizen must have filed Form I-130, which is still pending.
- Proof of a Genuine Marriage: The couple must prove their relationship is real, including photos, joint financial documents, travel records, etc.
Required Documents for the K-3 Visa
- Form I-130 (Petition for Alien Relative).
- Form I-129F (Petition for Alien Fiancé(e)).
- Valid passports for both spouses.
- Marriage certificate and evidence of a bona fide marriage.
- Affidavit of Support (Form I-864) to prove financial capability.
- Police clearance certificates from all countries where the foreign spouse has lived.
- Medical examination results from the U.S.-approved doctor.
- Form DS-160 (Online Non-immigrant Visa Application).
Processing Time for the K-3 Visa
- USCIS Processing (Form I-130 & I-129F): 6 to 12 months.
- NVC Processing & Interview Scheduling: 2 to 4 months.
- Total Time to K-3 Visa Approval: 8 to 16 months.
File Form I-130 (Petition for Alien Relative)
- The U.S. citizen files Form I-130 with USCIS for their foreign spouse.
- Must provide marriage proof (marriage certificate, joint assets, photos, etc.).
File Form I-129F (Petition for Alien Fiancé(e))
- While the I-130 is pending, the U.S. citizen files Form I-129F to apply for the K-3 visa.
- If Form I-130 is approved before I-129F, the K-3 visa application is automatically converted into a CR-1/IR-1 visa.
USCIS Approval & NVC Processing
- If Form I-129F is approved, the case moves to the National Visa Center (NVC).
- The foreign spouse completes Form DS-160 (Online Non-Immigrant Visa Application).
Attend Visa Interview at a U.S. Embassy
- The foreign spouse attends an interview at the U.S. embassy or consulate.
- If approved, they receive a K-3 visa stamped in their passport.
Enter the U.S. & Apply for a Green Card
- The spouse enters the U.S. on a K-3 visa and can apply for Adjustment of Status (Form I-485).
- Once approved, they receive a permanent Green Card.
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