K-3 Spouse Visa
Overview
The K-3 visa allows for the spouse of a U.S. citizen to enter the United States while waiting for a permanent immigrant visa. Once the K-3 visa is granted, the foreign national spouse may enter the United States and wait for the permanent immigrant visa to be approved.
Qualifications
To be a K3 beneficiary, a foreign national must be married to a U.S. citizen and must be seeking lawful permanent residency. The k3 beneficiary must have a I-130, petition for permanent residency, filed with the USCIS. It does not matter how long a foreign national and a U.S. citizen has been married. A person who is married for one day is just as eligible as a couple that has been married for ten years.
Process
Outside the United States
To obtain a K3 visa for the foreign national spouse, a U.S. citizen must first file an immigrant visa petition with the USCIS. Once the petition is filed, the U.S. citizen must then file the K-3 visa petition with USCIS. Once the K-3 petition to USCIS is approved, the foreign national spouse will need to interview with a U.S. official at a U.S. consulate abroad. After the interview, a visa will be issued that will allow the foreign national spouse to enter the United States and reunite with the U.S. citizen spouse. Once in the United States, the foreign national spouse will need to wait for the I-130. Once approved, the spouse will be granted lawful permanent residency and will be able to work and travel abroad.
If the couple is recently married, the foreign national will only be granted conditional permanent residency, and will need to complete additional steps before the conditions on the permanent residency are removed.
After Entering United States
Once a foreign national spouse enters the United States, he or she will be required to obtain lawful permanent residency. If a couple has been married for less than two years, the foreign national will only be granted conditional permanent residency and will be required to apply to have the “removal of conditions” two years after obtaining conditional permanent residency.
A spouse of a U.S. citizen can generally apply for U.S. citizenship three years after obtaining lawful permanent residency (either conditional or not).
Costs:
Government Filing Fee: $355*
Legal Services Flat Fee: $1450
Frequently Asked Questions About the K-3 Visa
Can I transform a K-1 visa into a K-3 visa?
No. Unfortunately, a k1 beneficiary cannot transform a k1 visa into a k3 visa. If a k1 benficiary marries before entering into the United States, the foreign national spouse cannot use the k1 visa to enter the United States and must apply for a new visa (most likely a k3 visa).
Will my children be able to come to the United States with me as a K3 visa holder?
Generally, yes. Children who are under the age of 21 will be able to obtain a K4 visa that will allow the child to come to the United States for two years.
Will the foreign national spouse be able to obtain work authorization?
Yes. Once a foreign national spouse enters the United States and receives permanent residency, the foreign national will be able to work.
What is Direct Consular Processing? And Am I Eligible For It?
Direct Consular Processing is a process by which a couple is able to apply for an I-130 directly to the local U.S. consulate without having to file with the USCIS. This generally greatly reduces the time apart. In certain, limited circumstances it may be possible to obtain direct consular processing for an I-130. Generally speaking, it is realistically only available to U.S. workers and servicepersons living overseas.
*The $355 government filing fee represents the cost of filing an I-130. Filing the I-130 is necessary to apply for a K-3 visa. If filed in conjunction with an I-130, there is no K-3 visa filing fee.