The K-3 visa is a non-immigrant visa designed to allow the spouse of a U.S. citizen to enter the United States while waiting for the processing of an immigrant visa (Green Card). The K-3 visa was introduced to speed up the reunification of foreign spouses with their U.S. citizen partners during the period between the filing of an immigrant petition and the approval of a permanent residency application.

However, it’s important to note that the K-3 visa is now rarely used because the processing times for immigrant visas have significantly decreased, making it often unnecessary for most spouses of U.S. citizens.

Key Features of the K-3 Visa

1. Eligibility
   • U.S. citizen spouse: The petitioner (U.S. citizen sponsor) must be a U.S. citizen.
   • Foreign spouse: The applicant (foreign spouse) must be legally married to the U.S. citizen and must not have entered the U.S. under a different visa.
   • Waiting for immigrant visa processing: The K-3 visa is intended for individuals who have already filed Form I-130 (Petition for Alien Relative) with USCIS but have not yet been approved for an immigrant visa (Green Card). The K-3 visa allows the spouse to enter the U.S. while waiting for the approval of the immigrant petition.
2. Duration of Stay
   • The K-3 visa allows the foreign spouse to enter the U.S. and stay for up to two years, with the possibility of extensions.
   • The K-3 visa holder can apply for adjustment of status to become a lawful permanent resident (Green Card holder) after entering the U.S. and marrying their U.S. citizen spouse (if the marriage hasn’t already occurred). This process is initiated by filing Form I-485 (Application to Adjust Status).
3. Processing of the K-3 Visa
   • Step 1: Form I-130 (Petition for Alien Relative): The U.S. citizen spouse files Form I-130 with USCIS to petition for their foreign spouse to receive an immigrant visa (Green Card). This step must be completed before the K-3 visa process can begin.
   • Step 2: Form I-129F (Petition for K-3 Visa): After submitting the I-130, the U.S. citizen spouse can file Form I-129F (Petition for K-3 Visa) to request that the foreign spouse be granted a K-3 visa.
   • Step 3: National Visa Center (NVC) Processing: Once Form I-129F is approved, the case is forwarded to the National Visa Center (NVC). The foreign spouse will be required to submit additional documentation, including a medical exam and police clearance.
   • Step 4: Visa Interview: The foreign spouse will attend an interview at the U.S. embassy or consulate in their home country, where the consular officer will assess the application and conduct the interview.
   • Step 5: Issuance of the K-3 Visa: If the visa is approved, the foreign spouse will be issued the K-3 visa and can travel to the U.S. to be with their spouse.
   • Step 6: Adjustment of Status: After entering the U.S. on the K-3 visa, the foreign spouse must apply for adjustment of status (Form I-485) to obtain a Green Card and become a permanent resident.
4. Required Documentation
   • Form I-130 (Petition for Alien Relative) filed by the U.S. citizen spouse.
   • Form I-129F (Petition for K-3 Visa) filed by the U.S. citizen spouse.
   • Proof of U.S. citizenship: A U.S. passport, birth certificate, or other official documentation.
   • Marriage certificate to prove the legal marriage between the U.S. citizen and foreign spouse.
   • Proof of the relationship: Photos, communication records, travel history, etc., to demonstrate a genuine marriage.
   • Medical examination: A medical exam from a U.S.-approved physician.
   • Police clearance certificates from the foreign spouse’s country of residence.
   • Form I-864 (Affidavit of Support): To demonstrate that the U.S. citizen spouse can financially support the foreign spouse in the U.S.
5. Work Authorization
   • While on a K-3 visa, the foreign spouse can apply for work authorization (Employment Authorization Document, or EAD) while waiting for the immigrant visa processing or adjustment of status. However, the spouse cannot work until this authorization is granted.
6. Travel Restrictions
   • The K-3 visa allows the foreign spouse to enter the U.S. but only for the purpose of residing with the U.S. citizen spouse. If the foreign spouse leaves the U.S., they may not be allowed to re-enter unless they have been approved for advance parole (if they have applied for adjustment of status).
7. Path to Permanent Residency
   • The K-3 visa holder can apply for adjustment of status to become a lawful permanent resident (Green Card holder) after entering the U.S. and marrying their U.S. citizen spouse.
   • If the foreign spouse has already married the U.S. citizen before entering the U.S. on the K-3 visa, they can proceed directly with the adjustment of status process.
8. Conditional Permanent Residency
   • If the marriage is less than two years old at the time of adjustment of status, the foreign spouse will receive a conditional Green Card. They must apply to remove the conditions on their Green Card by filing Form I-751 before the two-year anniversary of receiving their Green Card.

Advantages of the K-3 Visa

1. Faster entry into the U.S.: The K-3 visa allows the foreign spouse to enter the U.S. while waiting for the immigrant visa (Green Card) processing, which could take a longer time.
2. Ability to work: Once in the U.S., the foreign spouse can apply for work authorization and live and work while waiting for the adjustment of status.
3. Path to permanent residency: The K-3 visa provides a path to becoming a lawful permanent resident (Green Card holder) in the U.S. through the adjustment of status process.
4. Family reunification: The K-3 visa allows spouses to reunite and start their life together in the U.S. without having to wait for the lengthy immigrant visa process.

Important Considerations

1. Rarely used today: The K-3 visa is not commonly used because the processing times for immigrant visas (Green Cards) have improved, and the foreign spouse can often enter the U.S. more quickly through the immigrant visa process without the need for a K-3 visa.
2. Adjustment of Status is still required: Even after receiving a K-3 visa, the foreign spouse must apply for adjustment of status (Green Card), which may take time and require additional forms and interviews.
3. Marriage requirements: The couple must have legally married before applying for the K-3 visa. If the couple is not yet married, they must apply for a different visa, such as the K-1 fiancé(e) visa.

Conclusion

The K-3 visa was designed to allow the foreign spouse of a U.S. citizen to enter the United States while waiting for the approval of their immigrant visa (Green Card) petition. While it offers the advantage of faster entry into the U.S. and work authorization, it is not widely used today due to improved processing times for immigrant visas. Spouses who enter on a K-3 visa must eventually apply for adjustment of status to become a permanent resident. If you are considering a K-3 visa, it’s important to check whether the immigrant visa process will be faster or more beneficial for your specific situation.