What is a K-3 visa?
A K-3 visa is a type of nonimmigrant visa that allows the foreign spouse of a U.S. citizen to enter the United States while waiting for their immigrant visa (green card) application to be processed. The K-3 visa was created to help reduce the physical separation between U.S. citizens and their foreign spouses during the lengthy immigrant visa application process.
Here’s how the K-3 visa process generally works:
- Petition: The U.S. citizen spouse files a Form I-130, Petition for Alien Relative, on behalf of their foreign spouse to initiate the green card process.
- K-3 Visa Application: After the I-130 petition is filed and receipted, the U.S. citizen spouse can also file a Form I-129F, Petition for Alien Fiancé(e), on behalf of the foreign spouse. This petition requests a K-3 visa for the foreign spouse.
- K-3 Visa Approval: Once the I-129F petition is approved, the foreign spouse can apply for a K-3 visa at a U.S. embassy or consulate in their home country.
- Entry to the U.S.: After the K-3 visa is issued, the foreign spouse can enter the U.S. The K-3 visa allows the foreign spouse to legally reside in the U.S. while awaiting the approval of their immigrant visa application.
- Adjustment of Status: After entering the U.S. on a K-3 visa, the foreign spouse can apply to adjust their status to that of a lawful permanent resident (green card holder) by filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on their approved Form I-130 petition.
It’s important to note that the K-3 visa was designed to expedite the process of reuniting families, but the processing times for immigrant visas have improved over the years. As a result, the K-3 visa has become less common, as many couples find that it may be more efficient to wait for the immigrant visa processing instead of pursuing a separate K-3 visa application.
As immigration policies and procedures can change, it’s recommended to visit the official website of the U.S. Citizenship and Immigration Services (USCIS) or consult legal professionals for the most up-to-date and accurate information regarding visa processes.
How to apply for a K-3 visa?
Applying for a K-3 visa involves several steps and forms. Here’s a general overview of the process:
- File the Form I-130: The U.S. citizen spouse starts by filing Form I-130, Petition for Alien Relative, on behalf of the foreign spouse. This form establishes the relationship between the U.S. citizen and the foreign spouse and initiates the immigrant visa process. You can file this form online or by mail with the U.S. Citizenship and Immigration Services (USCIS).
- File the Form I-129F: Once the Form I-130 is filed and receipted, the U.S. citizen spouse can file Form I-129F, Petition for Alien Fiancé(e), on behalf of the foreign spouse. This form is the basis for the K-3 visa application. It demonstrates that the foreign spouse wishes to enter the U.S. while waiting for the immigrant visa processing to be completed.
- Gather Required Documentation: Along with the Form I-129F, you will need to provide supporting documents, such as evidence of your marriage, proof of U.S. citizenship of the petitioner, and other required documents as specified in the form’s instructions.
- Pay Fees: Pay the necessary filing fees associated with Form I-129F. The fee amount can change, so make sure to check the USCIS website for the current fee.
- Receive Notice of Action (NOA): Once your Form I-129F is received and processed, you will receive a Notice of Action (NOA) indicating that your petition has been received and is being reviewed.
- K-3 Visa Application: After the Form I-129F is approved, it will be sent to the National Visa Center (NVC), which will forward it to the appropriate U.S. embassy or consulate in the foreign spouse’s home country. The foreign spouse will then need to complete the K-3 visa application and attend a visa interview at the U.S. embassy or consulate.
- Medical Examination: Before the visa interview, the foreign spouse will likely need to undergo a medical examination by an approved panel physician.
- Attend Visa Interview: The foreign spouse will attend the visa interview at the U.S. embassy or consulate. During the interview, they will need to present required documents, answer questions about their relationship and intentions, and undergo a security background check.
- Receive K-3 Visa: If the visa is approved, the foreign spouse will receive a K-3 visa stamp in their passport. This visa allows them to enter the U.S.
- Enter the U.S.: Upon receiving the K-3 visa, the foreign spouse can travel to the U.S. to join their U.S. citizen spouse.
- Adjustment of Status: After entering the U.S., the foreign spouse can file for Adjustment of Status (Form I-485) to become a lawful permanent resident (green card holder).
It’s important to follow the specific instructions provided by USCIS, NVC, and the U.S. embassy or consulate where the visa interview will take place. The process and required documents may vary depending on the individual circumstances and any updates to immigration policies and procedures. Always consult official sources and consider seeking legal advice if needed.
K-3 visa filing fees
The filing fees for a K-3 visa can change over time, so it’s important to check the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information. However, I can provide you with a general idea of the fees that were applicable as of my last update:
- Form I-130 (Petition for Alien Relative): This is the initial step in the process, filed by the U.S. citizen spouse on behalf of the foreign spouse. The filing fee for Form I-130 was $560.
- Form I-129F (Petition for Alien Fiancé(e)): This form is filed after the Form I-130 and is specific to the K-3 visa process. The filing fee for Form I-129F was $535.
Please note that these fees are subject to change, and there might be additional fees or costs associated with the medical examination, visa application, and other related processes. It’s crucial to verify the current filing fees and any additional costs on the USCIS website or by contacting the appropriate authorities before submitting your application.
Additionally, some applicants might be eligible for fee waivers or exemptions based on their financial circumstances. Always make sure to obtain information from official sources to ensure accuracy and avoid any unnecessary complications.
K-3 visa checklist of required documents
The specific required documents for a K-3 visa application can vary based on individual circumstances, the U.S. embassy or consulate where the application is processed, and any updates to immigration policies. However, I can provide you with a general checklist of documents that are commonly required for a K-3 visa application. Please keep in mind that this is a general guideline, and you should always refer to the official website of the U.S. embassy or consulate where you’ll be applying for the most accurate and up-to-date information.
Here’s a sample K-3 visa application checklist:
- Form DS-160: The Online Nonimmigrant Visa Application. This form must be completed and submitted electronically before the visa interview.
- Passport: The foreign spouse’s valid passport, which must be valid for at least six months beyond the intended date of entry into the United States.
- Two Passport Photos: Recent passport-sized color photographs of the foreign spouse that meet the specific requirements of the U.S. embassy or consulate.
- Visa Application Fee: The required visa application fee payment receipt.
- Form I-129F Approval Notice: A copy of the Notice of Action (NOA) that confirms the approval of Form I-129F, Petition for Alien Fiancé(e).
- Proof of Relationship: Documents demonstrating the bona fide relationship between the U.S. citizen petitioner and the foreign spouse, such as photographs together, communication records, etc.
- Marriage Certificate: A copy of the official marriage certificate of the U.S. citizen petitioner and the foreign spouse.
- Police Clearance: Police clearance certificates from any country where the foreign spouse has lived for more than six months since the age of 16.
- Medical Examination: Documentation of the medical examination conducted by an approved panel physician.
- Affidavit of Support (Form I-134): This form is submitted by the U.S. citizen petitioner to demonstrate their ability to financially support the foreign spouse during their stay in the U.S.
- Evidence of Intent to Depart: Documents showing that the foreign spouse intends to depart the U.S. after the K-3 visa expires. This could include ties to their home country, employment, property ownership, etc.
- Proof of Legal Residency in the U.S. of U.S. Citizen Spouse: This might include a copy of the U.S. citizen spouse’s passport, driver’s license, or other documents showing their legal residency in the U.S.
- Other Supporting Documents: Any other documents that the U.S. embassy or consulate specifically requests based on the individual circumstances.
Remember that each U.S. embassy or consulate may have its own requirements, so it’s crucial to visit their official website or contact them directly to get the most accurate and up-to-date information regarding the required documents and procedures for applying for a K-3 visa.
K-3 visa processing time
The K-3 visa is a nonimmigrant visa that allows the spouse of a U.S. citizen to enter the United States while the immigrant visa petition (Form I-130) is pending. It’s designed to shorten the separation between the U.S. citizen and their foreign spouse during the lengthy visa application process: https://bwea.com/k-3-visa-spouses-us-citizens/
Processing times for visas can vary widely based on factors such as the specific U.S. consulate or embassy you’re applying through, the volume of applications they’re processing, and any potential delays due to administrative or security checks. Processing times can also be impacted by changes in U.S. immigration policies and procedures.
To get the most accurate and up-to-date information on K-3 visa processing times, I recommend checking the official U.S. Department of State website or contacting the U.S. consulate or embassy where you’ll be applying. Additionally, you can visit the U.S. Citizenship and Immigration Services (USCIS) website for information on the overall visa process and estimated processing times.
Keep in mind that processing times can change over time, so it’s important to refer to the most recent and official sources for the latest information.
