K3 Visa Process: Just a Mirage?

K3 Visa ProcessThe K3 visa process was designed to help shorten the physical separation between a foreign citizen and his or her U.S. citizen spouse. It’s the perfect solution for many couples that want to move to the United States together without an extended separation associated with the immigration process. In practice, the K3 visa process is rarely used. While it remains a component of immigration law, most couples have a tough time obtaining one.

What is a K3 Visa?

The K3 visa is a temporary (nonimmigrant) visa for the foreign-citizen spouse of a U.S. citizen. A U.S. citizen may request the use of the K3 visa process to shorten the physical separation with his or her foreign-citizen spouse.

Spouse of US Citizen with k-3 visa

After obtaining the K3 visa, the foreign spouse may enter the United States to await approval of the immigrant visa petition (Form I-130). Most K3 visa recipients choose to adjust status to a permanent resident once inside the U.S. Eligible children of K3 visa applicants receive K4 visas. Both K3 and the K4 visa recipients may stay in the United States while immigrant visa petitions are pending approval by U.S. Citizenship and Immigration Services (USCIS).

In fact, the K3 visa for spouses is similar to the K1 visa for fiancés. That’s why the two use the same application.

Typical Scenario Solved by K3 Visa Process

Here’s a typical dilemma that may be solved through the K3 visa process. John is a U.S. citizen working in China. During his employment, he meets a Chinese citizen named Mei and the couple eventually marries in China. John’s employer asks him to repatriate to a U.S. location. The couple will be moving to the United States, so Mei needs to obtain an immigrant visa (green card). John needs to be back in the U.S. within six months, but the immigration process could take a year or more. John and Mei are concerned about the separation and the added expenses of visits. Complicating issues further, the couple has a child that could be separated from his father during the transition.

Green Card Marriage for K-3 VisaBy obtaining a K3 visa (and K4 visa for the accompanying child), the family stays together. Mei and child travel to the United States with John.

Once in the U.S. Mei and child can adjust status to permanent residence instead of applying via the embassy or consulate. While the entire process might take slightly longer, the entire family stays together during the wait.

How to Apply for a K3 Visa

Eligibility for the K3 visa process is fairly straightforward. The intending immigrant must :

  • Be married to a United States citizen and
  • Have a pending Form I-130, Petition for Alien Relative

To apply for a K3 visa, the U.S. citizen initially files Form I-130, Petition for Alien Relative. The I-130 petition is the request to start of the family-based immigration process.

Approximately two to three weeks after filing the I-130 petition, USCIS will mail the petitioner an I-797 Notice of Action that confirms receipt of the petition. Once the U.S. citizen receives this receipt letter (I-797), he or she may file Form I-129F, Petition for Alien Fiancé(e), to request the K3 visa.

If there are children that will accompany the foreign spouse to the United States, the U.S. citizen is not required to file separate I-129F petitions for each child. Instead, list the child(ren) on the same Form I-129F.

Steps for the K3 Visa Process

STEP
1
Apply for the K3 Visa

As explained above, the U.S. citizen must first file Form I-130 and receive the receipt letter before he or she can file Form I-129F, Petition for Alien Fiancé(e), on behalf of the foreign spouse. After USCIS approves the petition, they will send it to the National Visa Center (NVC) for additional processing.

STEP
2
National Visa Center Processing

If the NVC receives the approved I-129F petition before it receives the approved I-130 petition, the NVC will process the I-129F petition. However, if the I-130 petition is approved first, NVC will administratively close the K3 case. This is because the case is moot. There is no need for the K3 visa once the immigrant visa is available. In these cases, the foreign spouse will be redirected to complete the immigrant visa process through consular processing.

STEP
3
K3 Visa Interview

Assuming the NVC receives your approved Form I-129F first, it will forward it to the U.S. embassy or consulate in the country in which you were married. The U.S. embassy or consulate will send the couple instructions on finalizing the K3 visa application. They will require the foreign spouse to undergo a medical examination and an interview.

STEP
4
Enter the United States

The foreign spouse may enter the United States after the U.S. embassy or consulate approves the K3 visa case. An immigration officer from the U.S. embassy or consulate will provide a sealed packet which contains your K3 visa and any additional documents you provided. Do NOT open the sealed packet. When you enter the United States, a Customs and Border Protection officer will open the packet.

While in the United States, you may begin your adjustment of status (green card) application even if your I-130 petition is still pending. You may also obtain employment authorization if you file a Form I-765 Application for Employment Authorization.

The K3 visa is valid for two years. The visa holder may travel and reenter the U.S. multiple times.

Required Documentation for K3 Visa Process

The foreign spouse (and any eligible children applying for K4 visas) will be required to bring the following forms and documents to the visa interview:

  • Completed Form DS-160, Online Nonimmigrant Visa Application. the applicant (and any eligible children applying for K4 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to the K3 interview.
  • A passport valid for travel to the United States and with a validity date at least six months beyond the intended period of stay in the United States.
  • Civil documents – the original(s) (or certified copies) and photocopies of the following:
    • Birth certificate
    • Marriage certificate for the marriage to the U.S. citizen spouse
    • Divorce or death certificate(s) of any previous spouse(s)
    • Police certificates from present country of residence and all countries where the applicant has lived for 6 months or more since age 16. (Police certificates are also required for accompanying children age 16 or older.)
  • Medical examination (with vaccinations recommended)
  • Evidence of financial support (Form I-134, Affidavit of Support may be requested)
  • Two (2) 2″x2″ passport-style photographs.
  • Evidence of relationship with the U.S. citizen spouse
  • Payment of fees

Real Numbers for K3 Visas

The K3 visa process may sound like a great solution for your situation. Unfortunately, most couples are unlikely to obtain a K3 visa. Consider the statistics. In fiscal year 2016, the U.S. Department of State issued only 102 K3 visas as compared to 133,465 immigrant (IR1/CR1) visas for the spouses of U.S. citizens.

K3 Visa after Marriage

There is no official explanation why there’s such a great disparity. Speculation exists that the NVC and USCIS conspire to limit K3 visas by delaying K3 processing until the I-130 petition can catch up. If the I-130 is approved, there’s no reason to issue a K3 visa, and the application can be administratively closed.

You may apply for the K3 visa, but you should also understand the likelihood of receiving one. It’s extraordinarily low. For the purposes of planning your move, it’s often easier to rely a more predicable process – the immigrant visa.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will accept the application or petition. We provide support for the Petition for Alien Relative (Form I-130), Citizenship Application (Form N-400), and several other USCIS forms.