Bringing Your Spouse to the U.S.: The K-3 Nonimmigrant Visa
At N400 Harbor Immigration Law, we know how important it is for families to be together. When a U.S. citizen marries someone from another country, the wait to reunite in the United States can feel endless. That’s where the K-3 nonimmigrant visa comes in—it helps shorten the time spouses are separated, allowing them to start their lives together sooner.
Here’s how we assist clients like you through this process, offering personalized support every step of the way.
What is the K-3 Visa?
The K-3 visa is a temporary solution designed to bring foreign spouses of U.S. citizens to the United States while they wait for their Green Card applications to be approved. Think of it as a bridge that keeps couples connected and lets them begin building their future without the stress of prolonged separation.
Benefits of the K-3 Visa
- Reunite Sooner: You don’t have to wait months—or even years—to be with your spouse.
- Work Opportunities: Once in the U.S., your spouse can apply for an Employment Authorization Document (EAD), enabling them to work legally.
- Travel Flexibility: K-3 visa holders can travel internationally while their Green Card applications are being processed.
Am I Eligible for a K-3 Visa?
To qualify for a K-3 visa, both you and your spouse must meet certain requirements:
- Valid Marriage: You must be legally married to a U.S. citizen.
- Pending Form I-130: Your U.S. citizen spouse must have filed Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS), and it must still be pending.
- Intent to Reside in the U.S.: Your foreign spouse must plan to live permanently in the U.S. once their Green Card is approved.
How the K-3 Visa Process Works?
The process may feel overwhelming, but we’re here to guide you through each step:
1. File Form I-130
The process begins when the U.S. citizen spouse files Form I-130 with USCIS. This form establishes that your marriage is legitimate and qualifies for immigration benefits.
2. File Form I-129F
Once USCIS acknowledges receipt of Form I-130, the U.S. citizen spouse files Form I-129F, Petition for Alien Fiancé(e). Though this form is typically used for fiancé visas, it’s a necessary part of the K-3 visa process.
3. Apply for the K-3 Visa
Once Form I-129F is approved, the foreign spouse can apply for the K-3 visa at a U.S. embassy or consulate in their home country. This step includes submitting various documents, undergoing a medical examination, and attending a visa interview.
4. Attend the Visa Interview
During the interview, a consular officer will confirm that all requirements for the K-3 visa are met.
5. Enter the U.S. and Adjust Status
After receiving the K-3 visa, the foreign spouse can enter the United States and apply to adjust their status to lawful permanent resident (Green Card holder) by filing Form I-485.
Documents You’ll Need
Having the right documents on hand can save time and reduce stress. Here’s what’s typically required:
- Form DS-160: Completed online application for a nonimmigrant visa.
- Valid Passport: Must have at least six months of validity remaining.
- Marriage Certificate: Certified copy to prove your marital relationship.
- Police Certificates: From all countries where the foreign spouse has lived.
- Medical Exam Results: Completed by an approved physician.
- Financial Evidence: Proof that the U.S. citizen spouse can financially support the foreign spouse (Affidavit of Support).
- Passport-style Photos: Following U.S. visa photo guidelines.
Processing Times and Visa Validity
Processing times for K-3 visas vary depending on factors like USCIS workload and embassy processing schedules. On average, the process can take several months. Once issued, the K-3 visa is valid for two years, giving couples enough time to adjust their immigration status.
Why Work with N400 Harbor Immigration Law?
The immigration process can be confusing, but we’ll make it as smooth as possible. At N400 Harbor Immigration Law, we work closely with you to:
- Stay on Track: We’ll help ensure your forms are completed correctly and submitted on time.
- Answer Your Questions: No matter how big or small, we’re here to address your concerns.
- Support Your Case: We advocate for you at every stage, providing peace of mind.
Start Your K-3 Visa Application Today
If you’re ready to bring your spouse to the U.S., we’re here to help. Contact N400 Harbor Immigration Law to schedule a consultation. Together, we’ll take the next step toward uniting your family and securing a future in the United States.