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K-3 Spouse Visa

Overview – What Is a K-3 spouse visa?

The K-3 nonimmigrant spouse visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 spouse visa overseas and enter the United States to await approval of the immigrant spouse visa petition.  K-3 spouse visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 spouse visa must have an immigrant spouse visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant spouse visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 spouse visa in the country where the marriage took place. Learn more in the Applying section below.

Eligible children of K-3 spouse visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the U.S. while immigrant spouse visa petitions are pending approval by USCIS.

What Is a “Spouse”?

spouse is a legally wedded husband or wife.

  • Merely living together does not qualify a marriage for immigration.
  • Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
  • In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
  • Same-sex marriages are not recognized by immigration law for the purpose of immigrating to the U.S.

The International Marriage Broker Regulation Act of 2005 (IMBRA)

Detailed information about IMBRA requirements is contained in the Form I-129F, Petition for Alien Fiancé(e), instructions.

The First Step: Filing the Petitions

  • You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
  • You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 spouse visa.
  • After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

The Second Step: Applying for a Visa

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 spouse visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

  • The nonimmigrant K-3 spouse visa case will be administratively closed.
  • The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
  • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant spouse visa. For more information on the immigrant spouse visa process, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Eligible children of K-3 spouse visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

Required Documentation

You, the foreign-citizen spouse, (and eligible children applying for K-4 visas) will be required to bring the following forms and documents to the visa interview:

  • Two (2) Nonimmigrant Visa Applications, Form DS-156 (prepared in duplicate.)NOTE: K-3/K-4 visa applicants should not fill in Form DS-160, Online Nonimmigrant Visa Application
  • One (1) Application For Immigrant Visa and Alien Registration, Form DS-230, Part I  (You are not required to complete Part II.)

K Visa applicants applying at U.S. Consulate General Montreal and U.S. Consulate General Ciudad Juarez have different application form requirements. Review information on the U.S. Consulate General Montreal or U.S. Consulate General Ciudad Juarez website to learn which forms you must complete.

  • A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
  • Birth certificate
  • Marriage certificate for the marriage to the U.S. citizen spouse
  • Divorce or death certificate(s) of any previous spouse(s)
  • Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16. (Police certificates are also required for accompanying children age 16 or older.)
  • Medical examination (vaccinations are optional, see below)
  • Evidence of financial support (Form I-134, Affidavit of Support may be requested)
  • Two (2) 2×2 photographs. See the required photo format explained in Photograph
  • Evidence of relationship with your U.S. citizen spouse
  • Payment of fees, as explained below

Note: The Consular Officer may ask for additional information, such as wedding photographs and other proof that the marriage to your U.S. citizen spouse is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and marriage certificates. Original documents and translations will be returned.

Medical Examination and Vaccination Requirements

In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. See Medical for more information, including a list of panel physicians by country, and frequently asked questions.

K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant spouse visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident.  Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.

Proof of Financial Support and Affidavit of Support forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen spouse is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen spouse.

The U.S. citizen spouse will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident.

Do the same income requirements apply to Form I-134 as apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year’s tax return, and other requirements only apply when a Form I-864 is needed. Applicants using Form I-134 will need to show that their U.S. sponsor’s income is 100 percent of the federal poverty guideline.

Fees – How much does a K visa cost?

Fees are charged for the following services:

  • Filing a Petition for Alien Relative, Form I-130
  • Filing an Alien Fiancé(e) Petition, Form I-129F
  • Nonimmigrant visa application processing fee, Form DS-156 (required for each K visa applicant)
  • Medical examination (required for each K visa applicant; costs vary from post to post)
  • Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
  • Filing Form I-485, Application to Register Permanent Residence or to Adjust Status

For current fees for Department of State, see Fees for Visa Services. For current fees for USCIS, see Check Filing Fees on the USCIS website.

My petition expired – Can it be extended?

The I-129F petition is valid for four months from the date of approval by USCIS. A Consular Officer can extend the validity of the petition if it expires before visa processing is completed.

Ineligibilities for Visas – What if I am ineligible for a K visa?

Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.

If you are ineligible for a visa, you will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is. Learn more and see the complete list of ineligibilities.

How long will it take to get my K visa?

For Form I-129F, Petition for Alien Fiancé(e), you can visit the USCIS website for the status of your petition.

Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

After You Receive a K-3 spouse visa

If you are issued a K-3 spouse visa, the Consular Officer will give you your passport containing the K-3 spouse visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States. As the K-3 spouse visa holder, you must enter the U.S. before or at the same time as any qualifying children holding K-4 visas.

Does my U.S. citizen spouse need to file separate petitions for my children?

No. Your children may apply for K-4 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen spouse filed on your behalf, but your U.S. citizen spouse must list the children on the petition. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee.

Your U.S. citizen spouse is also not required to file I-130 petitions on behalf of your children before he or she is able to list them on the I-129F petition. However, your U.S. citizen spouse must file separate I-130 immigrant spouse visa petitions for your children before they can qualify for permanent residence or apply for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child, the child’s stepchild relationship with your spouse must be created before your child reaches the age of 18.

Are my children required to travel with me?

Your children may travel with (accompany) you to the U.S. or travel later (follow-to-join). Like you, your children must travel within the validity of their K-4 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-3 spouse visa. If they want to travel later than one year from the date your K-3 spouse visa was issued, they will not be eligible to receive K-4 visas, and separate immigrant spouse visa petitions will be required. If your child has a valid K-4 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-4 visa.

Entering the United States – Port of Entry

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

Adjustment of Status, Working in the United States, and Traveling Outside of the United States

Information for K-3/K-4 visa holders about adjustment of status, permission to work in the United States, and travel outside of the United States is available on the USCIS website under K-3/K-4 Nonimmigrant Visas.

How to Apply for a Social Security Number Card

To learn about applying for a Social Security Number Card, visit the website for the Social Security Administration.

 


 

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