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K-3 Visa: Fast-Track U.S. Entry for Spouses of U.S. Citizens

The K-3 Visa is a non-immigrant visa designed for foreign spouses of U.S. citizens who are waiting for their spousal Green Card (CR-1/IR-1) application to be processed. It allows the spouse to enter and live in the U.S. while their immigrant visa petition is pending.

What is the K-3 Visa?

The K-3 visa is a temporary non-immigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while waiting for the approval of their immigrant visa petition (Form I-130). Once in the U.S., the K-3 visa holder can apply for Adjustment of Status (Form I-485) to become a permanent resident (Green Card holder).

The K-3 visa was originally introduced to reduce long wait times for spousal visas, but due to modern CR-1/IR-1 visa processing speeds, it is now rarely used.

K-3 Visa Eligibility Requirements

  • To qualify for the K-3 visa, applicants must meet the following criteria:
  • Legally Married – The couple must be legally married before applying.
  • U.S. Citizen Sponsor The petitioner must be a U.S. citizen (not a Green Card holder).
  • Pending I-130 Petition: The U.S. citizen must have filed Form I-130, which is still pending.
  • Proof of a Genuine Marriage: The couple must prove their relationship is real, including photos, joint financial documents, travel records, etc.

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Required Documents for the K-3 Visa

  • Form I-130 (Petition for Alien Relative).
  • Form I-129F (Petition for Alien Fiancé(e)).
  • Valid passports for both spouses.
  • Marriage certificate and evidence of a bona fide marriage.
  • Affidavit of Support (Form I-864) to prove financial capability.
  • Police clearance certificates from all countries where the foreign spouse has lived.
  • Medical examination results from the U.S.-approved doctor.
  • Form DS-160 (Online Non-immigrant Visa Application).

Processing Time for the K-3 Visa

  • USCIS Processing (Form I-130 & I-129F): 6 to 12 months.
  • NVC Processing & Interview Scheduling: 2 to 4 months.
  • Total Time to K-3 Visa Approval: 8 to 16 months.

How to Apply for a K-3 Visa

File Form I-130 (Petition for Alien Relative)

  • The U.S. citizen files Form I-130 with USCIS for their foreign spouse.
  • Must provide marriage proof (marriage certificate, joint assets, photos, etc.).

File Form I-129F (Petition for Alien Fiancé(e))

  • While the I-130 is pending, the U.S. citizen files Form I-129F to apply for the K-3 visa.
  • If Form I-130 is approved before I-129F, the K-3 visa application is automatically converted into a CR-1/IR-1 visa.

USCIS Approval & NVC Processing

  • If Form I-129F is approved, the case moves to the National Visa Center (NVC).
  • The foreign spouse completes Form DS-160 (Online Non-Immigrant Visa Application).

Attend Visa Interview at a U.S. Embassy

  • The foreign spouse attends an interview at the U.S. embassy or consulate.
  • If approved, they receive a K-3 visa stamped in their passport.

Enter the U.S. & Apply for a Green Card

  • The spouse enters the U.S. on a K-3 visa and can apply for Adjustment of Status (Form I-485).
  • Once approved, they receive a permanent Green Card.

Welcome to Atif Law Firm, Founded in 2020, Atif Law Firm focuses exclusively on immigration law, serving clients nationwide across all 50 states.

About Atif Law Firm

As a trusted leader in the field, we provide compassionate and personalized legal guidance to individuals, families, & businesses navigating the complexities of the U.S. immigration system. 

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Our Location : 16713 Hillside Avenue, 2nd Floor Jamaica, NY 11432

Disclaimer: no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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