How do you get K3? A complete guide to the K-3 visa application

Recent data from the U.S. Department of State confirms that the K-3 visa is still a viable option for U.S. citizens seeking to reunite with their foreign spouse. While processing times have fluctuated, the formal process remains in place, allowing spouses to enter the U.S. while awaiting permanent residency approval.

Quick Summary

The K-3 visa allows the foreign-citizen spouse of a U.S. citizen to enter the U.S. to await a pending immigrant visa petition. This process requires the U.S. citizen to file forms I-130 and I-129F, followed by the foreign spouse's application at a U.S. embassy, including a medical exam and interview.

Key Points

• File two petitions: The U.S. citizen must file both Form I-130 and Form I-129F to initiate the K-3 visa process.

• Spouse must be abroad: The K-3 visa is for foreign-citizen spouses residing outside the United States while their immigrant visa is pending.

• Prepare for consular processing: Following USCIS approval, the foreign spouse will apply for the visa at a U.S. embassy, which includes an interview and a medical examination.

• K-3 is less common now: Due to more recent, streamlined processing for the immigrant CR-1 visa, the K-3 is often considered a less efficient route.

• Work permit is not automatic: K-3 visa holders must apply separately for an Employment Authorization Document (EAD) to work legally in the U.S..

• Adjustment of status is required: The foreign spouse must file Form I-485 to adjust their status to a permanent resident after entering the U.S. on a K-3 visa.

• Evidence is critical: Applicants need to provide strong documentation, including marriage certificates, financial evidence, and proof of a legitimate relationship.

K-3 Visa Eligibility Requirements

Both the U.S. citizen and the foreign-citizen spouse must meet specific requirements to be eligible for the K-3 nonimmigrant visa. The couple must be legally married.

Requirements for the U.S. Citizen Petitioner

• Citizenship: Must be a U.S. citizen.
• Marriage: Must be legally married to the foreign spouse.
• Financial Support: Must demonstrate the ability to financially support the spouse, potentially using Form I-134, Affidavit of Support, and meeting income guidelines.
• Pending Petition: Must have filed both Form I-130, Petition for Alien Relative, and Form I-129F, Petition for Alien Fiancé(e).

Requirements for the Foreign-Citizen Spouse

• Legal Marriage: Must be legally married to a U.S. citizen.
• Residency: Must reside outside the United States.
• Medical Examination: Must complete a medical exam with an authorized panel physician.

The Step-by-Step K-3 Visa Application Process

To get K3, the application involves filing petitions with USCIS and then undergoing consular processing.

Step 1: Filing the Petitions with USCIS

1. File Form I-130: U.S. citizen files Form I-130 with USCIS.
2. Receive I-130 Receipt: USCIS sends a receipt notice.
3. File Form I-129F: U.S. citizen files Form I-129F, referencing the pending I-130 and providing marriage evidence.
4. Wait for I-129F Approval: USCIS approves the I-129F and sends it to the National Visa Center (NVC).

Step 2: Consular Processing

1. Receive Instructions: The NVC forwards the approved I-129F to the appropriate U.S. embassy and sends instructions to the applicant.
2. File Form DS-160: The foreign spouse electronically submits Form DS-160, the Online Nonimmigrant Visa Application.
3. Schedule Interview and Medical Exam: The foreign spouse schedules their interview and completes a medical examination.
4. Attend Interview: The foreign spouse attends the interview with all necessary documents.
5. Receive Visa: If approved, the foreign spouse receives their passport with the K-3 visa.

Step 3: Entering the U.S. and Adjusting Status

1. Enter the U.S.: The foreign spouse travels to the U.S. with their visa and documents.
2. Adjust Status: After arriving, the foreign spouse must file Form I-485 to adjust their status to a lawful permanent resident.

Comparison of K-3 and CR-1 Visas

The K-3 visa, while still available, is often compared to the CR-1 immigrant visa. The CR-1 is frequently a more direct path to permanent residency today.

Feature	K-3 Visa	CR-1 Visa
Purpose	Allows spouse entry to await pending immigrant petition.	Grants immediate conditional permanent residency upon entry.
Processing Location	USCIS filings followed by consular processing.	Entirely consular processing abroad.
Work Authorization	Requires separate EAD application post-arrival.	Grants work authorization upon entry and Green Card receipt.
Final Step	Requires filing I-485 for Adjustment of Status in the U.S..	Green Card is typically mailed after arrival as it's an immigrant visa.
Commonality	Less common; CR-1 often faster and more streamlined.	More common and often faster path for married couples.

Key Documents for the K-3 Application

Successful applicants need to provide essential documents to prove eligibility and the marriage's validity.

• Forms: Completed Forms I-130, I-129F, and DS-160 are required.
• Civil Documents: Birth certificates, marriage certificate, and any necessary divorce or death certificates.
• Financial Evidence: Proof of support, such as Form I-134 and income documents.
• Identity and Travel Documents: Valid passport, photos.
• Relationship Evidence: Documents proving a bona fide marriage, such as photos, correspondence, or joint assets.
• Police Certificates: Required from countries where the foreign spouse lived for certain periods.

Conclusion: Navigating the K-3 Visa

While the K-3 visa exists, the CR-1 immigrant visa is often a more efficient route to permanent residency due to processing times. The K-3 process allows a spouse into the U.S. during the green card application, but the CR-1 can lead to permanent residency more quickly and avoids a separate adjustment of status. Consulting an immigration expert is advisable to determine the best path. Proper preparation is crucial for a smooth process.

Potential Downsides and Considerations

The K-3 visa route has several potential disadvantages compared to the CR-1:

• Less Efficient: Often slower than the CR-1 today.
• Extra Filing: Adds extra forms (I-129F) and costs.
• No Automatic Work Permit: Requires a separate application (Form I-765) for an EAD.
• Extra Filing Fees: May involve additional fees for the I-129F and subsequent I-485.
• Administrative Closure: If the I-130 is approved before the I-129F, the K-3 is closed, and the process shifts to the CR-1 path.

For most married couples, the CR-1 visa is currently the more practical and efficient option. Further information on family-based immigration is available on the U.S. Department of State website.

Frequently Asked Questions

What is the K-3 visa?

The K-3 visa is a nonimmigrant visa designed for the foreign-citizen spouse of a U.S. citizen. Its purpose is to allow the foreign spouse to enter the United States to wait for their immigrant visa petition to be approved by USCIS.

What is the difference between a K-3 and a CR-1 visa?

The K-3 is a nonimmigrant visa requiring an adjustment of status after entering the U.S., while the CR-1 is an immigrant visa that grants the foreign spouse conditional permanent residency upon entry. Historically, the K-3 was used to speed up processing, but the CR-1 is often the faster, more direct route today.

Can I work in the U.S. with a K-3 visa?

No, a K-3 visa does not automatically authorize you to work. You must file a Form I-765, Application for Employment Authorization, with USCIS after arriving in the U.S. to receive an Employment Authorization Document (EAD).

How long does the K-3 visa process take?

Processing times can vary significantly depending on caseloads at USCIS and the U.S. embassy. While it has historically been faster, recent reports indicate that K-3 processing can take a comparable or even longer time than a CR-1 visa.

What happens if USCIS approves my I-130 petition before my I-129F?

If USCIS approves the immigrant visa petition (I-130) before the K-3 petition (I-129F), the K-3 process is administratively closed, and you will proceed with the regular immigrant visa process (CR-1).

Can my children come with me on a K-3 visa?

Yes, eligible unmarried children under 21 of a K-3 visa applicant can receive K-4 visas. They can enter the U.S. with their parent and also apply to adjust their status to a permanent resident.

What documents are needed for the K-3 interview?

For the interview, the foreign spouse will need to bring their passport, the DS-160 confirmation page, medical examination results, marriage certificate, police certificates, evidence of the relationship, and photos.