Understanding the K-3 Visa
- By Fileright
- Last Updated:
Introduction
As a U.S. citizen, you can petition to bring your foreign citizen spouse to the US through the immigration process. But let’s face it. The immigration process takes time, and it can be at least a year or two until your spouse gets a green card and lawfully immigrates to the US. Travelling back and forth by you or your spouse will only lead to added costs. So, in the meantime, what can you do to shorten the physical separation between you and your spouse?
You can always explore a K-3 visa and bring your foreign national spouse to the US on a temporary non-immigrant status while your spouse is waiting for their green card.
In this blog, we will cover the application process, the benefits, the timeline, and the costs of a K-3 visa, helping you figure out if this is the best immigration option for you and your spouse.
What Is A K-3 Visa?
A K-3 Visa is a temporary non-immigrant visa used by the spouse of a U.S. citizen to enter the US on a temporary legal status while they are waiting for their I-130 to be processed by the USCIS.
Who Can Apply For A K-3 Visa?
There are three main conditions for applying for a K-3 Visa. You can apply for a K-3 Visa if you:
- Are legally married to a U.S. citizen
- Are the beneficiary of a Form I-130, Petition for Alien Relative, that your US Citizen spouse filed for you
- Want to enter the US to wait for the decision of the USCIS on your Form I-130
In addition to the main requirement of the K-3 Visa, there are also some other general conditions that you are required to follow, such as:
- Residing Outside the US: You must reside outside the US when applying for a K-3 visa.
- Married Outside the US: The K-3 Visa is specifically designed for US citizens who marry an alien outside the U.S.
- Your I-130 petition must be currently pending: If the USCIS has accepted or denied your petition, you cannot apply for a K-3 Visa. Also, the USCIS must have received your petition, and you must have received a “receipt notice”.
- Minimum Income Requirements: Your U.S. citizen spouse must meet the Federal Poverty Guidelines income requirements. This is required to ensure that you don’t become a public charge and that your spouse can financially support you after you enter the US
As of 2025, a U.S. citizen petitioning for their foreign spouse to get a K-3 visa must meet 100% of the Federal Poverty Guidelines for their household size to qualify as a financial sponsor. Your spouse can do this by submitting their most recent tax returns. If your spouse is unable to meet these requirements, you can always get a joint sponsor.
How To Apply For A K-3 Visa?
The process of applying for a K-3 Visa may be difficult to understand if you are unfamiliar with US immigration laws. You are required to fill out different forms. It is always a good option to consult an expert immigration lawyer before applying for a K-3 Visa.
To understand the process of applying for a K-3 Visa better, we have provided a step-by-step guide:
Step One: File An I-130 Petition
At the cost of repetition, before you can apply for a K-3 Visa, you must have an I-130 petition pending with the USCIS. So, the first step is to gather all your documents and file an I-130 petition. Along with I-130, your US citizen spouse will have to submit Form I-134, affidavit of support.
See our Form I-130 Guide for Immigration to understand how to file an immigration petition for your spouse.
Step Two: File A Form I-129F
As long as you fulfill all the eligibility requirements, you can apply for a K-3 Visa by filing Form I-129F, Petition for Alien Fiancé, with the USCIS. Although the form mentions that it is for a fiancé, it is also used for a spouse of a U.S. citizen, and you will need to file Form I-129F for a K-3 visa.
How To File Form I-129F?
To fill out the I-129F, your US citizen spouse would have to provide their personal information, employment history, physical address, citizenship information, marital status, and similar information about you, including any past criminal charges.
Along with your form, your spouse is required to attach supporting documents to further strengthen the application. Here’s a list of the most important documents you should attach to the I-129F for a K-3 Visa:
- Proof of Citizenship: Copy of the US Citizen spouse’s valid and unexpired passport, certificate of naturalization, certificate of citizenship, and/or birth certificate showing that they were born in the US.
- Copy of your passport and travel documents
- Marriage Certificate: A copy of a marriage certificate issued by the appropriate civil authority, showing a valid marriage to your spouse.
- Termination of Previous Marriage- If you or your spouse were married before, then you would need to submit documents to prove that the previous marriage was legally terminated. You can do this by attaching a divorce decree, proof of annulment of marriage, or a death certificate (if the previous spouse is deceased).
- Photographs- Attach 2 recent passport-size color photographs of you and your spouse. The photographs must have a white to off-white background and meet other USCIS requirements.
- Name Change: You must submit evidence of a legal name change if you or your spouse has ever changed their name
- Pending I-130: Submit a copy of the receipt notice (I-797) to show that an I-130 has been submitted by your spouse on your behalf.
- I-94 arrival/departure record: If the US Citizen has been issued a Form I-94, Arrival/Departure Record, that must be attached.
Submitting the right documents can get difficult and stressful. If any of your documents are not in English, you would have to get them translated as per the USCIS regulations before attaching them. If any supporting document is not attached or there are any errors in your application, it can lead to delays and even denial in some instances.
Consult an experienced immigration attorney at just $79 to get expert assistance with a K-3 Visa.
Step 3: Submitting DS-160
After your I-129F is approved by the USCIS, you will be issued a notice from the nearest US Embassy or Consulate to schedule an interview. The notice will include details about the interview and the required documents. To do this, you have to fill out and electronically submit Form DS-160 on the US Department of State website. This is the first step in the visa application process.
Before your interview, you would have to get a medical examination to ensure that you are not inadmissible for entry to the US on any medical grounds.
On the date of your interview at the US Embassy/Consulate, remember to carry a copy of the confirmation page of your DS-160, showing that you have submitted that form. Additionally, keep copies of the following documents with you:
- Legal Marriage Certificate
- Valid, unexpired passport issued for at least 5 years
- Birth Certificate
- Sealed Medical Examination Report
- I-134, Affidavit of Support, along with your US citizen spouse’s most recent tax return
- Two passport-size photographs
- Proof of relationship with your spouse
What Is The Processing Time of A K-3 Visa?
Even though the time that it takes to get a K-3 visa depends on the unique particulars of your case, here’s a typical timeline of the steps of a K-3 visa:
- Issuance of an I-797: Typically issued within 30-60 days of filing I-130.
- I-129 application Process: Usually takes around 12-16 months. However, the process can take more time as well, depending on the backlog of the field office/center processing your application and if additional evidence has been requested.
- DS-160: You will receive a notice within 30-60 days of your I-129F being approved, and you can file DS-160 after that.
- Interview: It is scheduled 4-8 weeks after you receive the notice.
- Approval: The Embassy or Consulate processing your visa application usually shares its decision to approve or deny the K-3 application within a couple of days of the interview.
What Is The Validity of A K-3 Visa?
A K-3 Visa is issued for two years. If your marriage to your spouse terminates through divorce or annulment before you become a lawful permanent resident, or if the USCIS denies your I-130, your status is terminated, and you can be removed from the US.
You can also apply to extend this two-year period by filing a Form I-539, Application to Extend/Change Nonimmigrant Status, with the USCIS within the 120 days before your authorized stay expires.
What is the Cost of Applying for a K-3 Visa?
The USCIS does not charge any fee for filing an I-129F if you are applying for a K-3 visa, but there are other costs, such as:
- DS-160: Visa processing fee of $265 is paid to the US State Department
- Biometric fee: $85
- I-485: The USCIS charges a filing fee of $1,440 if you go for an adjustment of status.
- Immigrant medical examination cost: Typically ranges from $250-500
- Cost of preparing and translating documents: Varies from case to case
Is It Worth It To Apply For A K-3 Visa?
Now that you have understood the procedure for applying for a K-3 Visa, it’s time to address the main question: Should you apply for a K-3 Visa?
The K-3 Visa was designed to reduce the physical separation between a US citizen and their foreign spouse while the I-130 was being processed. However, with the long processing time of a K-3 visa, you are right to ask if it is the right option.
Cons
Even if your K-3 visa is approved before the I-130 petition, you still have to wait for a green card after traveling to the US. Additionally, you have to apply for employment authorization as evidence of automatic authorization to work after entering the US if you want to carry on any trade or profession.
Pros
With the increasing processing time of the I-130, applying for a K-3 visa can be a good option. Rather than waiting in a foreign country for an I-130 to be approved and then applying through the consular process, if you enter the US on a K-3 visa, you can reunite with your spouse and file for adjustment of status.
Conclusion
Applying for a K-3 visa can be rewarding, given the increasing processing time of the I-130. With a K-3 Visa, you can travel and stay in the US, even if you haven’t received a green card. By understanding the process, costs, and pros and cons of a K-3 visa, you can decide if it’s the right decision to get a K-3 visa to fulfill your spouse’s immigration needs. If you are still confused and want to know more, you can consult a seasoned immigration lawyer.
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