The K-3 visa is a non-immigrant visa designed for the foreign spouse of a U.S. citizen who is awaiting approval of an immigrant visa petition (Form I-130, Petition for Alien Relative). This visa allows the spouse to enter the United States while their immigrant visa application is pending, enabling them to stay in the U.S. while waiting for their Green Card processing. To begin the application process, the U.S. citizen spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish the legitimacy of the marriage and prove the relationship is genuine. After the Form I-130 is filed, the U.S. citizen spouse can file Form I-129F, Petition for Alien Fiancé(e), to initiate the K-3 visa process. This petition is sent to USCIS to request that the foreign spouse be allowed to enter the U.S. on a K-3 visa while waiting for their immigrant visa application to be processed.
Once Form I-129F is approved by USCIS, the petition is forwarded to the National Visa Center (NVC) and then to the U.S. embassy or consulate in the foreign spouse's home country. The foreign spouse will need to submit additional documentation to the consulate, including a valid passport, medical examination results, police clearance certificates, and proof of the marriage's authenticity. They must also show that they have been married to the U.S. citizen spouse for a genuine reason and intend to join them in the U.S. for permanent residence. An interview with a consular officer will take place to review the application and assess the relationship between the couple before issuing the K-3 visa. If the K-3 visa is approved, the foreign spouse will be granted permission to enter the U.S. and remain there while the immigrant visa petition (Form I-130) is processed. Once in the U.S., the K-3 visa holder can apply for adjustment of status to become a lawful permanent resident (Green Card holder) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. The applicant will need to submit supporting documents, undergo a background check, and attend an interview with USCIS. Upon approval, the foreign spouse will receive a Green Card and become a lawful permanent resident of the U.S. It is recommended that couples seeking a K-3 visa consult with an immigration attorney to ensure the correct procedures are followed and the application process is completed efficiently.
