The K-3 visa is designed to allow the spouse of a U.S. citizen to enter the United States while waiting for their immigrant visa (green card) approval. However, in most cases, applying for a K-3 visa is unnecessary, as there are better alternatives that are more efficient. Below, we’ll explain how the K-3 visa works, its eligibility requirements, and why it may not always be the best option.
How Long Does it Take to Process a K-3 Visa?
On average, the K-3 visa processing time is about 19 months. This is almost the same amount of time it takes for USCIS to approve a marriage-based green card application. Because of the long processing time, many applicants find that applying for a K-3 visa is not worth the additional step and cost (including the $265 filing fee).
K-3 Visa Eligibility: Who Can Apply?
The K-3 visa is available to spouses of U.S. citizens who meet the following criteria:
- Legal Marriage: The applicant must be the legal spouse of a U.S. citizen. (The K-3 visa is not available for spouses of U.S. green card holders.)
- Living Abroad: The applicant must reside outside the United States.
- Pending I-130 Petition: The U.S. citizen spouse must have filed a Form I-130 (Petition for Alien Relative) for the applicant, and the petition must be pending with USCIS (not yet approved).
- Income Requirements: The U.S. citizen spouse must meet certain financial requirements, showing an income at or above 100% of the Federal Poverty Guidelines. If they do not meet this requirement, they must have a joint sponsor file an affidavit of support.
- Children: If the applicant has children who will also travel to the U.S. on a K-4 visa, the children must be unmarried and under 21 years old.
Steps to Apply for a K-3 Visa
Step 1: File Form I-129F
The first step is for the U.S. citizen spouse to file Form I-129F, also called the “Petition for Alien Fiancé(e).” Although this form is technically for fiancés, it can also be used for spouses in certain cases. Along with the completed form, the following documents are required:
- Proof of U.S. citizenship (e.g., U.S. passport, birth certificate, or naturalization certificate).
- The applicant’s spouse’s passport.
- A certified marriage certificate (with an English translation if necessary).
- Proof of termination of any prior marriages (divorce decree, annulment, or death certificate).
- I-94 arrival/departure record (if the applicant has previously been to the U.S.).
- Passport-style photographs of both spouses.
- Receipt notice for Form I-130, showing that it is pending with USCIS.
Once all documents are attached, make sure to keep a copy for your records before filing. Within about 30 days of submitting Form I-129F, the U.S. citizen spouse will receive a receipt notice from USCIS, confirming that the petition is being processed. The average processing time for the petition is 10–13 months, but it can vary.
Step 2: Form DS-160 and Interview
After the Form I-129F is approved, the applicant’s spouse will be contacted by the U.S. Embassy or Consulate in their home country. They will receive the date for their visa interview, along with a list of documents needed for the interview.
Before the interview, the applicant must complete Form DS-160 (Online Nonimmigrant Visa Application) on the Department of State’s website. After completing the form, the applicant should print the confirmation page to bring to the interview.
The following documents are typically required for the interview:
- Legal marriage certificate.
- A valid passport for the applicant’s spouse.
- Birth certificate of the applicant’s spouse.
- Police clearance from all countries where the applicant has lived for more than six months since age 16.
- Sealed medical exam results.
- Form I-134 (Affidavit of Support) from the U.S. citizen spouse, showing financial support.
- Recent tax returns of the U.S. citizen spouse.
- Proof of relationship (e.g., wedding photos or proof of the pending Form I-130).
The embassy may also require the applicant to pay a visa fee of $265, which is typically paid during the interview.
The interview usually takes place 4–6 weeks after receiving the embassy’s notification. A decision is typically made on the same day or shortly after. If more documents are needed, the consular officer will request them. Once the K-3 visa is approved, the spouse can travel to the U.S.
Step 3: Green Card Application
After arriving in the U.S. on a K-3 visa, the foreign spouse can apply for a green card by filing Form I-485 (Application to Adjust Status) with USCIS. This process allows the spouse to become a permanent resident.
K-3 visa holders can apply for work authorization while waiting for their green card approval. However, it’s generally quicker and simpler to apply for both work authorization and a travel permit along with the green card application. It typically takes about four months for work authorization to be approved.
Why You Might Want to Skip the K-3 Visa
While the K-3 visa is available to spouses of U.S. citizens living abroad, it is often not the best option. Given the long processing time and the extra cost, many couples are better off applying for a green card directly through consular processing. This process will likely take the same amount of time as the K-3 visa process but avoids the extra steps and fees.
Once the spouse arrives in the U.S. with an approved green card, they can start working immediately as a permanent resident.
Important Note About K-3 Visas in Canada
As of now, K-3 visas are no longer being processed in Canada. Couples with a Canadian spouse will need to consider alternative immigration options, such as the K-1 Fiancé(e) visa (for unmarried couples) or the CR-1/IR-1 Spousal visa (for couples already married).
FAQs about the K-3 Visa
What is a K-3 visa?
A K-3 visa allows the foreign spouse of a U.S. citizen to enter the United States while waiting for their green card application (Form I-130) to be processed.
Who is eligible to apply for a K-3 visa?
The applicant must be the spouse of a U.S. citizen and have a pending Form I-130 petition. The applicant must also meet other admission requirements.
How do I apply for a K-3 visa?
The U.S. citizen spouse files Form I-129F with USCIS, along with required documents proving the marriage. The applicant’s spouse must also complete the DS-160 application and attend a medical exam.
How long is a K-3 visa valid for?
A K-3 visa is valid for two years from the date of issuance.
Can I extend my K-3 visa?
While extensions may be requested, they are not guaranteed.
What are the benefits of a K-3 visa?
The K-3 visa allows spouses to live together in the U.S. while waiting for a green card. However, this option is rarely used and is often not the best path for most couples.
