How to Apply for a K3 Visa

In the United States, immigration laws allow the non-citizen spouses of U.S. citizens (and, through the related K-4 visa, their minor children) to obtain legal entry into the country with a K-3 visa while s/he awaits the adjudication of a form I-130 Petition for Alien Relative . K-3 visas allow the holder to legally reside in the U.S. with nonimmigrant status and to obtain employment authorization so that s/he may work in the United States while awaiting the approval of his or her I-130. While the K-3 visa affords several important opportunities to the non-citizen spouses and children of U.S. citizens, its application process is somewhat counter-intuitive and the visa itself has several notable legal limitations. Read on below the jump for more information.

Part 1
Part 1 of 2:

Applying for the K-3

  1. For a U.S. citizen, to petition for a K-3 visa for his or her spouse (and/or K-4 visas for any children), certain requirements must be met. The main requirements are that:
    • The non-citizen visa applicant must be the citizen's legal, certified spouse.
    • The non-citizen must have a Form I-130, Petition for Alien Relative, currently pending. In other words, the citizen spouse must have previously filed this form on his or her behalf.
    • Any children attempting to obtain K-4 visa status must be unmarried, under the age of 21, and the child of a qualified K-3 applicant (the non-citizen spouse, in this case).
  2. For his or her spouse and/or children to obtain K-3 (or K-4, in the case of the children) visa status, the US citizen petitioner must file Form I-130 (Petition for Alien Relative, downloadable at the USCIS website [1] ). This form must be submitted with the proper documents to prove that the petitioner is a U.S. citizen (passport, birth certificate, etc.) and that any relative for whom an I-130 is being filed is related to the petitioner (marriage certificate, etc.) See the USCIS website for a list of acceptable documents. [2] Finally, a filing fee must also be paid.
    • A separate I-130 should be filed for each relative - one for the non-citizen spouse and one for each child. As noted above, children require approved I-130s to be able to apply for permanent residency.
    • Once the USCIS has received the citizen's I-130 petition(s), s/he will be sent a document called a Notice of Action (or I-797). Keep this, as it is required to complete the application process.
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  3. Once the Notice of Action for the spouse's I-130 has been received, the citizen should file an additional form, the I-129F, on his or her behalf. The name of this form is misleading - though it's called the Petition for Alien Fiancé(e), it's required for actual married spouses as well. Though the citizen only needs to submit one I-129F (for his or her spouse), s/he should be sure to list all children seeking K-4 status on this form.
    • The I-129F requires the original I-797 Notice of Action received after the I-130 was filed.
    • If the USCIS approves the I-129F, it will be forwarded to the State Department for consular processing.
  4. S. consulate . Upon completion of forms I-130 and I-129F, the foreign spouse should receive a letter from a US Embassy providing instructions for scheduling a required visa interview at a U.S. consulate in his or her country. If the country does not have an embassy or consulate, the interview will take place at the consulate in a nearby country that does. The foreign spouse should use the time before his or her interview to gather required documents and complete a required medical examination (see below).
  5. The visa interview requires the non-citizen spouse to bring extensive documentation to the interview to prove his or her eligibility for visa status. S/he should bring the following documentation to the consulate on the day of his or her interview: [3]
    • Completed Form DS-160, Online Nonimmigrant Visa Application. This form is available to be printed from the Department of State website [4]
    • A passport that allows valid travel to the United States and with an expiration date at least six months beyond the intended stay in the United States
    • Birth certificate
    • Marriage certificate
    • Divorce or death certificate(s) for any previous spouses
    • Police certificate(s) from the non-citizen spouse's country of residence and from any country where s/he has lived for 6 months or more since age 16.
    • Documentation of medical examination (see below)
    • Evidence of financial support - in other words, proof that the non-citizen won't become a burden of the state because s/he is self-sufficient or has a spouse who can provide support. This can be in the form of I-134, Affidavit of Support.
    • Two 2x2 photographs. See the State Department's photo guidelines [5] for more information.
    • Evidence of relationship with the U.S. spouse.
    • Payment of fees.
  6. Before applying for a visa at the consulate, every applicant must receive an official medical examination from an authorized physician. The consulate or embassy that the non-citizen spouse is applying at should provide him or her with instructions for locating appropriate physicians nearby - see the State Department website for more information. [6]
    • The medical examination includes a review of the patient's medical history, a physical examination, a chest x-ray, and various blood tests.
  7. The visa interview is a vital part of the application process and takes place at a U.S. consulate in the foreign spouse's country (or, as noted in the exception above, in a nearby country). To account for unexpected delays, the visa applicant should try to arrive at the consulate an hour before his or her interview appointment. S/he should have all necessary documentation when s/he arrives at the consulate. S/he should answer the interview questions as directly and honestly as possible.
  8. If the applicant's visa petition is approved, the consular officer will give his or her passport (now containing a K-3 visa) back, along with a sealed packet containing the documents s/he provided, plus additional document from the consulate or embassy. This packet should not be opened . The K-3 visa holder should keep both of these things on his or her person when s/he enters the United States - only an authorized Department of Homeland Security (DHS) official should open the packet upon arrival in the U.S.
    • The spouse who holds the K-3 visa must enter the country before or at the same time as and K-4 status children - the children cannot enter the country first.
    • The length of time following the visa interview that the K-3 visa is issued can vary. Reasons for delays can include incomplete or incorrect information on a required form and additional administrative processing. [7]
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Part 2
Part 2 of 2:

Understanding the K-3 Visa

  1. The K-3 visa is highly desirable for the non-citizen families of U.S. citizens because it allows them to legally reside together in the United States. However, it's very important to understand the limitations of the K-3 visa before beginning the lengthy application process so as not to be caught off guard by obstacles that may occur. See below:
    • The primary benefits of the K-3 visa are twofold:
      • It allows the authorized spouse to be admitted to the United States. Once admitted, K-3 non-immigrants may apply to adjust their status to permanent residency at any time.
      • It allows the holder to obtain employment authorization. They can obtain the proper documentation to work legally by filing Form I-765, Application for Employment Authorization.
      • Additionally, K-4 visa holders (the minor children of the K-3 holder) can apply for permanent residency after a Form I-130 has been filed on their behalf by the citizen petitioner.
    • Important limitations to be aware of are as follows:
      • K-3 and K-4 visa holders are admitted into the United States in two-year increments. If, after two years, the holder's I-130 has not yet been processed, holders may apply for additional time in two-year immigrants until the I-130 is processed.
      • When the K-3 holder's I-130 is processed, an immigrant visa immediately becomes available to him or her and s/he becomes ineligible for K-3 status. At this point, the K-3 holder must immigrate as a lawful permanent resident.
      • Note that any K-4 holding children must have approved I-130s to be able to immigrate as a permanent resident. Because of this requirement, the U.S. citizen petitioner should file a separate I-130 for each K-4 child concurrent with the K-3's I-130 so that the children will be able to immigrate legally when the K-3's I-130 is processed.
  2. K-3 visas are subject to certain rules that can cause them to become invalid - when this happens, the visa expires 30 days after the qualifying conditions are met. These conditions include:
    • The United States Citizenship and Immigration Service (USCIS) denying or revoking a Form I-130 petition
    • The USCIS denying or revoking an I-485 (permanent residency) petition
    • The Department of State denying the immigrant visa application filed by the K-3 holder
    • The termination of the marriage (through divorce or annulment)
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  • Question
    Can my spouse apply for a visitor visa while waiting for the approval of the K3 visa so I can travel to the States to visit my family?
    Community Answer
    It is not advisable. If your spouse applies for a visitor's visa while waiting for a K3, it looks suspicious. The government will think that you are in a hurry to immigrate.
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  • Question
    Can a non-US spouse show his/her financial status to show that he/she will not become a public burden while in the US?
    Community Answer
    Yes, it can be proven in the Affidavit of Support form (I-864). This step is completed when filing the adjustment of status form for permanent residency (I-485).
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  • Question
    Do I need a valid passport to apply for a K3 permanent residence?
    Community Answer
    A legal passport worthy of travel within the United States is required to apply for a K3 visa, as per the required documentation that the US Department of State lists.
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      References

      1. ↑ http://www.uscis.gov/i-130
      2. ↑ http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf
      3. ↑ https://travel.state.gov/content/visas/en/immigrate/family/spouse-citizen.html#5
      4. ↑ https://ceac.state.gov/genniv/
      5. ↑ http://travel.state.gov/content/visas/english/general/photos.html
      6. ↑ https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview/interview-prepare.html
      7. ↑ https://travel.state.gov/content/visas/en/immigrate/family/spouse-citizen.html#13
      8. http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

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