K-3 Visa for Spouses
If you are a U.S. citizen married to a foreign citizen who is living outside the United States, being separated while an immigration case moves forward can be difficult. Depending on your circumstances, pursuing a K-3 visa may provide another option for bringing your spouse to the United States.
At Warren Law Firm, we help married couples determine whether pursuing a K-3 visa makes sense for their situation. We can answer your questions, identify issues that may affect your case, and help you understand how this option fits into your plans for living together in the United States.
Request a consultation to discuss whether a K-3 visa may be an appropriate option for reuniting with your spouse.
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Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
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What Is a K-3 Visa?
A K-3 visa is a temporary nonimmigrant visa for the foreign-citizen spouse of a U.S. citizen. Its purpose is to reduce the time spouses may have to live apart by allowing the foreign spouse to enter the United States while their underlying immigrant petition is pending.
Because you already have a pending immigrant petition for your spouse, pursuing a K-3 visa is an optional additional step rather than a separate path to permanent residence. Whether it is worth pursuing in your case depends on your circumstances and how the underlying case is progressing.
How the K-3 Visa Process Works
The K-3 visa process begins with an immigrant petition for the foreign-citizen spouse. A separate petition is then required to request K-3 classification. Whether the K-3 process continues depends in part on how quickly the underlying immigrant petition moves through USCIS.
File Form I-130 for Your Spouse
The U.S. citizen spouse first files Form I-130, Petition for Alien Relative, with USCIS. This is the immigrant petition.
Get the Form I-130 Receipt Notice
After USCIS receives Form I-130, it sends the petitioner a Form I-797 receipt notice confirming that the petition has been filed. The U.S. citizen spouse can then include a copy of this notice with Form I-129F in the next step to show that the required Form I-130 is already pending with USCIS.
File Form I-129F for the K-3 Visa
The U.S. citizen spouse then files Form I-129F, Petition for Alien Fiancé(e), for the foreign-citizen spouse. Despite the form’s name, Form I-129F is also used to request K-3 classification for a spouse.
USCIS Reviews the Petitions
USCIS processes the Form I-130 and Form I-129F separately and sends each approved petition to the National Visa Center (NVC). If USCIS approves the I-130 before the I-129F, or if the NVC receives both approved petitions, the temporary K-3 route is no longer needed because the immigrant visa case can move forward instead.
In that situation, the NVC will administratively close the K-3 visa case. Instead, the NVC will contact the U.S. citizen sponsor and foreign-citizen spouse with instructions for processing an IR-1 or CR-1 immigrant visa.
Complete K-3 Consular Processing
If the approved I-129F reaches the NVC before the approved I-130, the K-3 process may continue. The NVC forwards the case to the appropriate U.S. embassy or consulate. K-3 applicants who married outside the United States generally apply for the visa in the country where the marriage took place. The foreign spouse completes the visa application process, submits required documents, undergoes a medical examination, and attends a visa interview.
Enter the United States with a K-3 Visa
If the K-3 visa is approved, the foreign spouse may travel to the United States and request admission in K-3 status.
Continue the Permanent Residence Process
A K-3 visa does not provide permanent residence. Once the underlying Form I-130 is approved, an eligible K-3 spouse in the United States can apply for permanent residence through adjustment of status with USCIS.
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What Is the K-3 Visa Processing Time?
The K-3 visa processing time varies depending on how long USCIS takes to process the required petitions and how the case progresses afterward. Because processing times change, check the USCIS processing times tool for current estimates.
Although the K-3 visa is intended to reduce the time married couples spend apart while an immigrant petition is pending, there is no guarantee that the K-3 process will be faster. As discussed earlier, if Form I-130 is approved before Form I-129F or the NVC receives both approved petitions, the K-3 route is no longer needed, and the case can proceed through the IR-1/CR-1 visa process instead.
A family immigration attorney can help you compare the K-3 route with the IR-1/CR-1 immigrant visa process based on your circumstances and current processing times.
Talk to an Immigration Lawyer About Obtaining a K-3 Visa
The K-3 visa process involves multiple filings and can change depending on how your petitions progress. Warren Law Firm can review your situation, prepare the required forms and supporting documentation, explain each stage of the process, and help you understand what steps to take next.
Contact us to book a consultation and discuss your K-3 visa case.
