K-3 Visa

What is the K-3 Visa?

The K-3 nonimmigrant visa allows non-U.S. foreign citizens who are the spouse of a United States citizen to come to
the United States. The K-3 visa permits the visa holder to immigrate to the United States to stay with their U.S.
citizen spouse until legal permanent resident status can be obtained. The foreign citizen spouse must meet certain
requirements in order to be granted a K-3 visa.

Can a K-3 visa holder permanently live in the U.S,?

The K-3 visa is not permanent, but allows the spouse of a U.S. citizen and their eligible children to enter the
United States to then apply for permanent resident status. In order to become a permanent U.S. resident, K-3 visa
holders must apply for adjustment of
status
with the United States Department of Homeland Security (DHS) after arriving in the United States.

Who is Eligible for the K-3 visa?

In order to qualify for the K-3 visa, an applicant and his or her U.S. citizen spouse must meet several criteria:

  • The applicant is the spouse of a United States citizen;
  • The applicant and the U.S. citizen are legally wedded as husband and wife or as a same-sex couple;
  • The applicant is the same person the U.S. citizen spouse filed Form I-130,
    Petition for Alien Relative
    on behalf of;
  • The applicant seeks to enter the United States to await the United States Citizenship and Immigration Services
    decision on the Form I-130.

What is the process for obtaining a K-3 visa?

The process for receiving a K-3visa requires the U.S. citizen spouse to initiate the process on behalf of his or her
foreign citizen spouse by filing required forms with the United States Citizenship and Immigration Services (USCIS).

Step One: Filling out the Form I-129F and the Form I-130 with the United States Citizenship and Immigration
Services

The first step to receive a K-3 visa is for the U.S. citizen spouse to file Form I-129F, Petition for Alien fiance(e)(e) and the Form I-130, Petition for Alien Relative. Both forms are filed with the
USCIS.

By filing Form I-129F, the U.S. citizen is asking the USCIS to recognize the relationship between the U.S. citizen
and the applicant. By filing Form I-130, the U.S. citizen is asking the USCIS to establish his or her relationship
with their foreign citizen spouse for the purpose of the spouse coming to the United States permanently.

The USCIS will then review the submitted Form I-129F and Form I-130 and may request additional information or
documentation.

Approval of Form I-129F before approval of Form I-130

If the USCIS establishes the applicant’s eligibility for the K-3 visa, the Form I-129F is approved and then sent to
the United States Department of State National Visa Center. The approved Form I-129F is valid for four months from
the date of approval by the USCIS. A consular officer may extend the validity of the Form I-129F if it expires
before processing is complete.

If the USCIS denies the applicant’s Form I-129F, the applicant will be notified of the reasons why it was denied.
Certain conditions and activities may make an applicant ineligible,
including drug trafficking, overstaying a previous visa, or submitting fraudulent documents. Some ineligibilities
may be waived,
while others may not.

After the Form I-129F is approved, the K-3 visa applicant must complete the Online Nonimmigrant Visa Application by
filling out Form DS-160. While completing the Form DS-160,
the K-3 visa applicant must upload a photo that meets certain photograph
requirements.

Approval of Form I-130 at the same time or before approval of Form I-129F

If the applicant’s Form I-130 is approved by the USCIS before or at the same time as the applicant’s Form I-129F,
the applicant will no longer need the K-3 visa, and his or her children will no longer need the K-4 visa. Instead,
an immigrant visa is immediately available to the applicant and his or her children, and they must apply for them to
seek admission to the United States as lawful permanent residents.

Step Two: Visa Application and Interview at U.S. Embassy or Consulate

If the National Visa Center receives the K-3 visa applicant’s approved Form I-129F before the Form I-130, the Form
I-129F will be forwarded to the U.S. Embassy or consulate nearest to the K-3 visa applicant. The U.S. Embassy or
consulate will then notify the applicant of the day and time of the applicant’s visa interview at the U.S. Embassy
or consulate.

Interview at U.S. Embassy or Consulate

After the USCIS approves Form I-129F, the K-3 visa applicant must attend an interview at a U.S. Embassy or Consulate
nearest to them. At the interview, the applicant needs to establish that they meet the qualifications for the K-3
visa. The K-3 visa applicant must bring certain items with them to the interview as required by the U.S. Embassy or
Consulate that hosts the interview. These items and documents help the United States Department of State verify the
applicant’s qualifications for the K-3 visa and the legitimacy of his or her marriage with the U.S. citizen spouse.

The K-3 visa applicant must bring the following documents to the interview:

  • Completed Form DS-160
  • A valid passport for travel
  • Birth certificate
  • Marriage certificate
  • Police certificates from the applicant’s present country of residence and all countries where the applicant has
    lived for six months or more since age 16
  • Medical
    examination
    documents
  • Evidence of financial support, including
    Form I-134,
    if requested
  • Two photographs conforming to photograph
    requirements
  • Evidence of the applicant’s relationship with the U.S. citizen spouse
  • Payment of all applicable fees

    Step Three: Entering the United States

After a K-3 visa is issued to an applicant, the Consular Officer will provide the applicant with a passport
containing the K-3 visa and a sealed packet that contains the documents the applicant provided as well as documents
prepared by the U.S. Embassy or Consulate. The new K-3 visa holder must not open the sealed packet.
The sealed packet will be opened by the DHS immigration official when the new K-3 visa holder enters the United
States. The new K-3 visa holder must seek entry into the United States within 6 months from the date the visa was
issued.

Step Four: Application to Adjust Status to Legal Permanent Resident

After the K-3 visa holder arrives in the United States, the U.S. citizen spouse will need to submit Form I-485 to the USCIS with application for adjustment of status so that
the K-3 visa holder can become a legal permanent resident.

After the U.S. citizen spouse submits the Form I-485 with accompanying documents, the application to register for
permanent residence is reviewed by the USCIS. Both spouses are usually required to appear for an interview. Approval
of the Form I-485 will grant the foreign citizen spouse a Green Card valid for 10 years.

If the marriage is less than two years old at the time the Form I-485 is approved, the USCIS will grant the foreign
citizen spouse conditional permanent resident status and issue him or her a Green Card valid for 2 years. The
conditions will then need to be removed by the foreign citizen spouse filing Form I-751 in the 90 days before his or her Green Card expires.

How much does it cost to get a K-3 visa?

  • The Form I-129F filing fee is $535
  • DS-160 fee is $160
  • Potential biometrics fee is $85
  • Embassy fee is $265
  • Form I-485 fee is $750-$1,140
  • Form I-751 fee is $595
  • Medical exam cost varies

Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.