Navigating the Path to Reunite: A Comprehensive Guide to the K-3 Visa for Spouses of U.S. Citizens

What is a K-3 visa?

The K-3 visa is a nonimmigrant visa designed to allow the spouses of U.S. citizens to enter the United States while their immigrant visa petitions are being processed. It was created to help reduce the time that married couples are separated during the immigration process. The K-3 visa is intended to expedite the immigration process for spouses of U.S. citizens, allowing them to enter the U.S. more quickly than if they were to wait for their immigrant visa petition to be fully processed in their home country.

Here’s how the K-3 visa process generally works:

• Petition: The U.S. citizen spouse files two petitions with U.S. Citizenship and Immigration Services (USCIS) – an immigrant visa petition (Form I-130) and a nonimmigrant visa petition (Form I-129F) for the K-3 visa.
• Processing: Once the I-129F petition is approved, it is forwarded to the appropriate U.S. consulate or embassy where the foreign spouse can apply for the K-3 visa.
• Application: The foreign spouse applies for the K-3 visa at the U.S. consulate or embassy in their home country. They will need to provide supporting documents, attend an interview, and undergo a medical examination.
• Travel and Entry: If the K-3 visa is approved, the foreign spouse can travel to the U.S. Once in the U.S., they can apply to adjust their status to a permanent resident (green card holder) by filing Form I-485.
• Green Card Process: The foreign spouse and the U.S. citizen spouse continue the immigration process by submitting required documents and attending interviews as necessary. This process leads to the foreign spouse obtaining lawful permanent resident status (green card).

It’s important to note that the K-3 visa has become somewhat less common due to changes in immigration procedures and processing times. In some cases, it might be faster for spouses to directly apply for an immigrant visa (CR-1 or IR-1) without going through the K-3 visa process.

Remember that immigration laws and processes can change, so it’s always recommended to consult the official U.S. government resources or seek legal advice for the most up-to-date information.

How to apply for a K-3 visa?

Applying for a K-3 visa involves several steps and requires careful attention to detail. Here’s a general outline of the process:

• File Form I-130: The U.S. citizen spouse must file an immigrant visa petition (Form I-130) on behalf of the foreign spouse with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the U.S. citizen and the foreign spouse.
• File Form I-129F: After the I-130 is filed, the U.S. citizen spouse must file a nonimmigrant visa petition (Form I-129F) for the K-3 visa. This petition is designed to expedite the process of bringing the foreign spouse to the U.S. while the immigrant visa petition is being processed.
• USCIS Processing: USCIS will review the I-129F petition. If approved, USCIS will forward the approved petition to the National Visa Center (NVC) for further processing.
• NVC Processing: The NVC will forward the petition to the U.S. consulate or embassy in the country where the foreign spouse resides. The consulate will send the foreign spouse instructions on how to proceed, including how to pay the visa application fee and submit required documents.
• Gather Documents: The foreign spouse needs to gather various documents, which typically include:
  • Passport
  • Birth certificate
  • Marriage certificate
  • Police clearance certificates
  • Medical examination report
  • Evidence of a bona fide marriage (photos, correspondence, joint bank accounts, etc.)
• Attend Visa Interview: The foreign spouse will need to attend an interview at the U.S. consulate or embassy. During the interview, they will be asked questions about their relationship, background, and intentions in the U.S. It’s important to be well-prepared for this interview.
• Receive K-3 Visa: If the visa is approved, the foreign spouse will receive a K-3 visa in their passport, which allows them to travel to the U.S.
• Travel to the U.S.: Once the K-3 visa is issued, the foreign spouse can travel to the U.S.
• Adjust Status: After arriving in the U.S., the foreign spouse can apply to adjust their status to a permanent resident (green card holder) by filing Form I-485. This process allows them to become a lawful permanent resident while their immigrant visa petition is still being processed.

It’s important to keep in mind that immigration processes can vary and change over time, so it’s advisable to consult the official website of the U.S. Department of State and USCIS for the most up-to-date and accurate information. Additionally, seeking legal advice or assistance from an immigration attorney can help ensure that you navigate the process correctly and efficiently.

K-3 visa cost

Here are some of the typical costs associated with the K-3 visa process:

• Form I-130 Filing Fee: The fee for filing the immigrant visa petition (Form I-130) for the foreign spouse is required. The current I-130 fee is $560.
• Form I-129F Filing Fee: The fee for filing the nonimmigrant visa petition (Form I-129F) for the K-3 visa is also required. This fee is $535.
• Visa Application Fee: The foreign spouse will need to pay a visa application fee when applying for the K-3 visa at the U.S. consulate or embassy. This fee varies depending on the consulate and location. It’s recommended to check the specific U.S. embassy or consulate’s website for the most current fee information.
• Medical Examination: The foreign spouse will need to undergo a medical examination by an approved panel physician. The cost of the medical examination can vary based on location and medical requirements.
• Other Costs: In addition to the above fees, there may be additional costs for required documents such as police clearance certificates, translations of documents not in English, and any travel expenses incurred during the visa application process.

Keep in mind that these fees are subject to change, and there might be additional costs not mentioned here. Always refer to the official U.S. government sources, such as the U.S. Department of State’s website or the USCIS website, for the most up-to-date and accurate information on visa fees and the application process. If you’re unsure about any aspect of the process, consider seeking guidance from an immigration attorney or consultant.

K-3 checklist of required documents

While the specific requirements for the K-3 visa application can vary based on individual circumstances and the U.S. consulate or embassy where the application is being processed, here’s a general checklist of documents that are commonly required for the K-3 visa application process:

1. Passport and Photographs:

• Valid passport for the foreign spouse with at least six months validity beyond the intended stay in the U.S.
• Passport-sized photographs that meet the U.S. visa photo requirements.

2. Visa Application:

• Completed nonimmigrant visa application form (DS-160).

3. Visa Application Fee:

• Proof of payment of the visa application fee.

4. Form I-129F Approval Notice:

• Copy of the Form I-129F approval notice (Notice of Action).

5. Marriage Documentation:

• Copy of the marriage certificate establishing the marital relationship between the U.S. citizen and the foreign spouse.

6. Evidence of Genuine Marriage:

• Documentation proving the bona fide nature of the marriage, such as photographs together, correspondence, joint bank accounts, shared property, etc.

7. Police Clearance Certificates:

• Police clearance certificates or criminal record checks from the foreign spouse’s previous countries of residence.

8. Medical Examination:

• Results of the medical examination performed by an approved panel physician.

9. Affidavit of Support:

• Form I-134 (Affidavit of Support) completed by the U.S. citizen petitioner, along with supporting financial documents to demonstrate the ability to financially support the foreign spouse.

10. Passport Copies of U.S. Citizen:

• Copies of the U.S. citizen petitioner’s passport or U.S. birth certificate.

11. Proof of Relationship:

• Evidence showing ongoing relationship between the U.S. citizen petitioner and the foreign spouse, such as correspondence, phone records, travel itineraries, etc.

12. Travel Itinerary:

• Copies of any travel itineraries or flight reservations for the foreign spouse’s travel to the U.S.

13. Visa Photos:

• Additional passport-sized photos of the foreign spouse as per the U.S. visa photo requirements.

Please note that this checklist is meant to be a general guideline. The U.S. consulate or embassy where the application is being processed might have specific requirements or additional documents that they request. It’s important to carefully review the instructions provided by the specific consulate or embassy and consult their official website for the most accurate and up-to-date information.

Additionally, always ensure that all documents are accurately translated into English if they are in a language other than English. If you’re unsure about any aspect of the application process or required documents, consider seeking guidance from an immigration attorney or consultant.