K-3 Visa: Nonimmigrant Visa for a Spouse

What is a K-3 Visa?

A K-3 visa is a nonimmigrant visa that is available to the spouse of a U.S. citizen. The purpose of this visa is to allow the foreign spouse of a U.S. citizen to enter the United States while waiting for the approval of an immigrant visa petition (Form I-130) filed by the U.S. citizen spouse. Once the K-3 visa holder enters the United States, they can apply for a work permit and await the final decision on their immigrant visa petition.

The K-3 visa process begins with the U.S. citizen spouse filing a Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). Once the I-130 petition is approved, the foreign spouse will be able to apply for the K-3 visa at a U.S. consulate or embassy in their home country. The K-3 visa holder can then enter the U.S. and apply for work authorization while waiting for the final decision on their immigrant visa petition.

It’s important to note that the K-3 visa is no longer available for new applications, this program was terminated in January of 2018. The U.S. citizen spouse of the foreign national can file for both the I-130 and I-129F at the same time, which would allow the foreign national spouse to obtain a CR1 or IR1 visa instead.

Who Qualifies for K-3 Visa?

The K-3 visa was a nonimmigrant visa that was available to the spouse of a U.S. citizen, but it is no longer available for new applications. The program was terminated in January 2018.

To qualify for a K-3 visa, the foreign spouse of a U.S. citizen would have had to meet the following criteria:

  • Be legally married to a U.S. citizen
  • Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse
  • Be able to demonstrate that the marriage is bona-fide, not entered into for the purpose of obtaining a visa
  • Meet the requirements for a nonimmigrant visa
  • Pass a background check and medical examination

It’s important to note that the K-3 visa program is no longer available for new applications, so the foreign spouse of a U.S. citizen would need to apply for a CR1 or IR1 visa instead. These visas are considered as immigrant visas, and allows the foreign spouse to enter the United States and obtain permanent resident status (green card) immediately upon arrival (IR1) or conditional permanent resident status (green card) upon arrival (CR1) and after two years, the couple must apply to have the condition removed from the green card and obtain permanent resident status.

How to Apply for K-3 Visa?

It is no longer possible to apply for a K-3 visa as the program was terminated in January 2018. The U.S. citizen spouse of the foreign national can file for both the I-130 and I-129F at the same time, which would allow the foreign national spouse to obtain a CR1 or IR1 visa instead.

The process for applying for a CR1 or IR1 visa is similar to the process for the K-3 visa, and it involves the following steps:

  1. Obtain a valid marriage certificate: You and your U.S. citizen spouse will need to provide a copy of your valid marriage certificate.
  2. File a petition: Your U.S. citizen spouse will need to file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS) using form I-130.
  3. Gather all necessary documentation: You and your U.S. citizen spouse will need to provide various forms of documentation, such as birth certificates, police certificates, and financial documents.
  4. Pay the required fees: You and your U.S. citizen spouse will need to pay the required fees to the USCIS and the U.S. Department of State.
  5. Wait for the petition to be approved: Once the petition is filed, it will take some time for it to be processed by the USCIS. After the petition is approved, it will be sent to the National Visa Center (NVC) for further processing.
  6. Complete the online visa application form: Once the petition is received by the NVC, you will receive instructions on how to complete the online visa application form (DS-260).
  7. Attend a medical examination: You will need to schedule and attend a medical examination with a physician authorized by the U.S. embassy or consulate.
  8. Attend a visa interview: Once the NVC has received all of your documents, they will schedule a visa interview with a consular officer at the U.S. embassy or consulate. During the interview, you will be asked questions about your qualifications, your intended employment, and your plans in the United States.
  9. Wait for a decision: After the interview, the consular officer will make a decision on your application. If you are approved for the visa, you will be asked to pay the visa fee, and will be given instructions on how to collect your passport.

What is the K-3 Interview Process?

As the K-3 visa program has been terminated in January 2018, the interview process no longer exist. The U.S. citizen spouse of the foreign national can file for both the I-130 and I-129F at the same time, which would allow the foreign national spouse to obtain a CR1 or IR1 visa instead.

What are the Required Documents for K-3 Visa?

As the K-3 visa program has been terminated in January 2018, there are no longer required documents for this type of visa. The U.S. citizen spouse of the foreign national can file for both the I-130 and I-129F at the same time, which would allow the foreign national spouse to obtain a CR1 or IR1 visa instead.

The required documents for a CR1 or IR1 visa application may vary depending on the specific circumstances of your case, but generally, you will need to provide the following documents:

  1. A valid passport: Your passport must be valid for at least six months beyond the date you intend to enter the United States.
  2. A nonimmigrant visa application form: You will need to complete the online form DS-260, which is the nonimmigrant visa application form.
  3. A recent photograph: You will need to upload a recent passport-style photograph as part of your online application.
  4. A copy of your valid marriage certificate: You and your U.S. citizen spouse will need to provide a copy of your valid marriage certificate.
  5. Proof of U.S. citizenship for your spouse: Your U.S. citizen spouse will need to provide proof of U.S. citizenship, such as a birth certificate, U.S. passport, or naturalization certificate.
  6. Proof of relationship: You and your U.S. citizen spouse will need to provide various forms of documentation that establish the legitimacy of the marriage, such as photographs, joint bank account statements.

What is the K-3 Visa Fee?

As the K-3 visa program has been terminated in January 2018, there is no longer a fee associated with this type of visa. The U.S. citizen spouse of the foreign national can file for both the I-130 and I-129F at the same time, which would allow the foreign national spouse to obtain a CR1 or IR1 visa instead.

The fee for CR1 or IR1 visa is $535, this fee is subject to change, and it’s important to check the U.S Department of State website or the U.S. consulate or embassy where you plan to apply for the most up-to-date information.