The K-3 Visa, Explained

There are certain eligibility requirements to apply for a K-3 visa: 

• The applicant must be married to a U.S. citizen.
• The applicant must be living outside the United States. 
• The U.S. citizen spouse must already have filed a Form I-130.
• Children of the foreign citizen spouse may also be eligible for a K-4 visa. They must be unmarried and under 21 years of age.   

As noted above, the first step in applying for the K-3 visa is for the U.S. citizen spouse to submit a Form I-130, Petition for Alien Relative with USCIS. After this, they can then file Form I-129F, Petition for Alien Fiancé(e). You should include all required documentation, including a marriage certificate, the U.S. citizen spouse’s proof of citizenship, foreign citizen spouse’s passport, etc. The form will have instructions detailing what documents to provide and how to fill out the form. You can submit the Form I-129F and the Form I-130 together, or you can submit the Form I-129F after you have submitted the Form I-130. You should not submit the Form I-129F before submitting the Form I-130. If the foreign citizen spouse has children that will be accompanying them to the United States, they will be able to apply a K-4 visa. They can be listed on the same Form I-129F as the foreign spouse and will not need separate forms. After sending these packets to USCIS, you will receive a receipt notice from USCIS that they have received the forms and are processing them.  

Typically, what follows is that USCIS will approve the Form I-130 before or at the same time as they approve the Form I-129F, and your K-3 case will be closed. You will no longer need a K-3 visa. The National Visa Center (NVC) will then contact you and your spouse with instructions for filing the IR-1 (or CR-1) immigrant visa, which will allow you to enter the United States as a lawful permanent or conditional resident. Because this is the most likely scenario, many people believe that applying for a K-3 visa is an unnecessary step. However, in the event that USCIS does approve the I-129F before the Form I-130, there will be some additional steps in obtaining a K-3 visa.

If USCIS approves the Form I-129F before approving the Form I-130, they will send the petition to the Department of State. The foreign citizen spouse should then submit a DS-160, Online Nonimmigrant Visa Application to the Department of State, after which they will then receive instructions from the NVC concerning their required medical examination and visa interview appointment. The foreign citizen spouse should bring all documentation and fees that are required to the interview, including documentation proving that they are not likely to become a public charge in the United States. The U.S. citizen spouse may be asked to submit a Form I-134, Affidavit of Support as evidence of their financial support.   

As the foreign citizen spouse, if you are granted a K-3 visa, you may then be allowed to travel to the U.S. Port-of Entry. This visa does not guarantee admission into the U.S., however. The U.S. Customs and Border Protection (CBP) officials will be the final step in granting you permission to enter the U.S.

Once you are admitted in the United States, you are automatically authorized to seek employment. You may file Form I-765, Application for Employment Authorization to obtain an Employment Authorization Card (EAD). You will also be eligible to apply for an adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If approved, you will receive a Green Card. If you have been married for at least two years, your Green Card will be valid for ten years. If, however, you have been married to your spouse for less than two years, you will be given a conditional Green Card, valid for two years. You must then file a Form-I-751, Petition to Remove Conditions of Residence within the 90-day period before your Green Card expires.   

USCIS can deny AOS applications for a variety of reasons. Denials can occur if an individual did not provide required evidence, failed to respond to requests for additional information, and/or if forms were unsigned or incorrectly filled out. In some limited instances, a new Green Card application can be submitted, but this is dependent on the reason for the denial. An experienced immigration attorney should be consulted in such cases. Applications can also be denied if during an in-person interview it was determined that an individual was not, in fact, eligible for a Green Card. If USCIS denies an AOS application, the applicant will no longer have a valid, lawful status in the US. Any employment authorization secured via the AOS process will be invalidated.