K3 Visa
(Non-immigrant visa for the spouse of American citizen)

This page describes all about K-3 visa, a non-immigrant visa category issued for the alien spouse of a U.S. citizen.

Definition of K3 Visa:

K3 visa is a non-immigrant visa which permits the spouses of U.S. citizens who wants to immigrate to the United States. It is valid for two years with multiple entries. The processing time for K3 visa varies with each individual's circumstances. Normally, it takes around 90 to 120 days to process the K-3 spouse visa.

In order to qualify for K-3 visa, you must

• be a foreign national spouse of a U.S. citizen have a family based I-130 immigration petition filed by the U.S. citizen spouse.
• demonstrate that the marriage to a U.S. citizen is valid.
• be awaiting to immigrate to the U.S.

Benefits of the K3 spouse visa:

• K3 visas normally have shorter waiting periods compared to K-1 fiance visa.
• K3 visa holders are able to apply for adjustment of status for green card.
• On K3 visa, you are permitted to accept employment in the U.S. by obtaining an employment authorization document.
• The children of K3 visa applicant are allowed to stay in the U.S. on the K-4 dependent visa only if he/she is
  • less than 21 years old;
  • unmarried;
  • seeking to immigrate to the U.S.
• You are permitted to study in the U.S. on K3 visa.

Limitations of the K3 visa:

On K3 visa,

• you are not allowed to change status from K-3 status to another nonimmigrant status, in the U.S.;
• the children of K3 visa holder who are married or over the age of twenty-one are not allowed to stay in the U.S. on the K-4 visa;
• wives of permanent residents are not allowed to enter into the U.S.;
• if the marriage took place while the spouse is in the U.S. on temporary visa, the spouse must depart the U.S. in order to qualify for a K3 visa.

Documents requirements for K-3 visa:

To qualify for K-3 visa, you have to submit the following documents:

• a valid passport;
• two copies of the application form;
• a medical examination report;
• local police certificate;
• birth certificates for each K-3 and K-4 visa applicant;
• marriage certificate;
• evidence of termination of prior marriage such as death certificate, divorce decree if applicable;

Application process:

Prior to applying for the K3 visa, your U.S. citizen spouse should file the Petition for Alien Relative on your behalf with the U.S. Citizenship and Immigration Services (USCIS) center. The U.S. citizen spouse will get the Notice of Receipt, which indicates that the filed petition has been received by USCIS. Once it has been received, the petitioner can file the petition for alien fiance along with a copy of notice of receipt. After adjudicating the petition for alien fiance, it is forwarded to the appropriate American Consulate so that you can apply for the K-3 visa.

Once the processing of your application is completed and all the necessary documents are submitted, the foreign spouse has to attend an interview at the consular office. Finally visa will be issued, if they found that your spouse is eligible. On K-3 visa, your spouse is permitted to remain in the United States while waiting to apply for the adjustment of status or for a green card.

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