Family and Work Visa Plan Spouse of US Citizen K-3 visa

Spouse of US Citizen K-3 visa

One of the downsides of entering the United States as an immigrant is loneliness. A married person may enter the US as a Lawful Permanent Resident but meanwhile, they are really missing their wife and children. The K-3 nonimmigrant visa was created to help shorten the physical separation between foreign citizens and their US citizen spouses while they inch towards a Green Card.

The K-3 is a nonimmigrant visa, but it is understood that its owner will apply for a change of visa status to become a Lawful Permanent Resident (LPR) after they have spent a mandated period in the USA. For this reason, the foreign spouse must already have an immigrant visa petition filed with the US Citizenship and Immigration Services (USCIS) on her behalf before applying for a nonimmigrant K-3 visa.

Children of K-3 visa applicants who are unmarried and under 21 are eligible to receive K-4 visas.

Who is eligible for a Spouse of US citizen K-3 visa?

Obviously, being the spouse of a US citizen is the only requirement. How is a ‘spouse’ defined? To start with, the foreign spouse must provably be the legally wedded husband or wife of the US citizen. The definition now has been broadened to include same-sex spouses of US citizens and LPRs. Their minor children are now eligible for the same immigration benefits as opposite-sex spouses.

Some countries recognize common-law spouses — couples who have been living together for a long period and consider themselves as a couple — to be legally married.  Generally, the USCIS does not. In most cases, cohabitation will not qualify a marriage for immigration, though this also depends on the laws of the country where the common-law marriage has taken place.

The US does not recognize polygamy as legal. For immigration, only the first spouse of a polygamous marriage may qualify.

How do you apply for a Spouse of US Citizen K-3 visa?

Although the K-3 is a nonimmigrant visa, it acknowledges that the recipient will apply for LPR as soon as possible. With this in mind, the first step in the visa application process is the filing of Form I-130 (Petition for Alien Relative) by the US citizen on behalf of the foreign spouse. The spouse who is a US citizen should be able to —

• Show documentation proving that they are a US citizen or an LPR of the United States.
• Be legally married to you, the beneficiary.
• Must be willing to sponsor you for LPR by filing Form I-130, Petition for Alien Relative.
• Prove that they can support you, your family, your relatives and all other sponsored family members at 125% above the mandated poverty line. The current poverty line in the US is $26,200 per annum for a family of four.

1. Submit Form I-130, Petition for Alien Relative: Your spouse who is a US citizen will start the process by filing the Petition for Alien Relative, known as Form I-130, with the USCIS. The date on which Form I-130 is filed is important and known as the priority date. There is a filing fee of $535, in addition to biometric fees.

The following documents must be included with the I-130 petition.

• Evidence of US citizenship (copy of US birth certificate, US passport, Certificate of Naturalization, or Certificate of Citizenship).
• Biographic Data Sheet, Form G-325A, one each for the US citizen and the foreign spouse.
• Passport copy of the foreign spouse.
• Birth certificate of the foreign spouse.
• Marriage certificate and relevant documents confirming the relationship.
• Passport-size color photographs of both the spouses.
• Copy of any divorce decree, death certificate, or marriage annulment if either the US citizen or the foreign spouse has been previously married.

After processing Form I-130, the USCIS will forward it to the National Visa Centre (NVC).

2. File Form I-129-F with the USCIS. The USCIS will send a receipt notice, called Form I-797, to inform your US citizen spouse that they have received the petition. I-797. The US citizen should now file the Petition for Alien Fiancé, also known as Form 129-F, with the USCIS. The following documents should be included with the submission.

• Evidence of US citizenship (copy of US birth certificate, US passport, Certificate of Naturalization, or Certificate of Citizenship).
• Passport of the foreign spouse.
• Legal marriage certificate. For foreign language certificates, the applicant must produce a certified English translation.
• Proof of termination of any prior marriage (divorce decree, death certificate, or marriage annulment document).
• Form I-94 (Arrival/Departure Record), if the foreign spouse has ever been to the United States.
• Passport-size color photographs of both the spouses.
• Form I-797, Receipt Notice for Form I-130.

It can take around 30 days for the USCIS to issue the receipt notice (I-797) for Form I-129F. It can be a further 6-9 months before the form is approved.

After processing Form I-129-F, the USCIS will forward it to the NVC.

3. Wait for the NVC to forward your case to the local US Embassy or Consulate: The NVC will forward both Form I-130 and I-129-F after they have been processed to the US Embassy or Consulate of the country where the marriage took place.

What if the country of marriage does not have a US Embassy or Consulate? The papers will then go to the US Embassy or Consulate of the country that usually processes visa requests for that country. If the marriage took place in Iran, which has no US consular presence, your papers would be sent to Turkey, whose US Embassy processes visa requests from Iran.

4. Await instructions from the US Embassy or Consulate: The US Embassy or Consulate of the country where you will apply for the K-3 will now contact you, the foreign spouse, with specific, clear instructions for your next steps. These will include where to go for the required medical examinations, which must be conducted by a US-approved medical practitioner or facility. You will also be given a date for your visa interview.
5. Apply for Nonimmigrant visa: You can apply online for a nonimmigrant visa by submitting Form DS-160. To do this efficiently and successfully, keep the following at hand before going online —

• Your passport, with at least 6 months validity
• A visa photograph (to upload). Make sure the photograph conforms to US Immigration photo specifications

In addition, you may need to supply:

• A travel itinerary
• The dates of your last five visits to the US (if applicable) and/or evidence of your international travel history within the past five years
• A resume or CV
• The US Embassy or Consulate where you will apply for an interview
• Additional information depending on your purpose for travel

More information about filling out the DS-160 form is available online. Remember to print out the DS-160 application confirmation page after completing the form. You will need it at the interview.

6. Pay the K-3 visa processing fee: This can be paid online, and amounts to $265.
7. Go for the interview: During your interview, ink-free, digital fingerprint scans will be taken. Sometimes further documents and administrative processing may be called for after the interview.

Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

The documents listed below will be required at the visa interview —

• Original birth certificate
• DS-160 submission confirmation.
• Your passport should be valid for more than six months after the planned date of your entry into the US.
• DS-230 Biographical Form.
• Evidence of termination of prior marriage(s) (if applicable).
• Court and criminal records and police certificate.
• Medical examination and vaccination documents
• Two visa photographs per individual according to the photo requirements

A signed Form I-364, also known as an Affidavit of Support from your sponsoring relative, the US petitioner. [The I-364 is similar to the I-864, which is required for immigrant visa applications.]

Point of caution?

Two separate petitions are filed by the US Citizen spouse to get a K-3 visa for a foreign spouse: one is a petition for an immigrant visa (Form I-130, Petition for Alien Relative); and a petition for a nonimmigrant visa (Form DS-160, Application for Nonimmigrant visa). The reason for this is that the foreign spouse is implicitly expected to apply for permanent residency after living in the US for a period.

Both petitions are sent to the NVC after processing by the USCIS. Since processing times vary, the NVC may receive the two petitions together or one before the other.

If it receives both together, then Form I-130 takes precedence, and the K-3 nonimmigrant visa application is treated as void. The foreign spouse will go through a different process and receive an immigrant visa directly.

However, if the DS-160 reaches the NVC first, that will be forwarded to your local embassy or Consulate, and you will go through all the steps detailed in this visa guide. You will then enter the US on a K-3 nonimmigrant visa.

After a suitable period, you will have to apply using Form I-485 for your visa status to be adjusted from nonimmigrant to LPR.

How much does a K-3 visa cost?

Form I-130 filing fee: This is currently $535 and will normally be paid at first by your sponsoring relative.

Form DS-160 Non-Immigrant Application processing fee: The current fee for processing this is $160.

Form I-864 Affidavit of Support processing fee: This is currently $120.

K-3 visa processing fee. This is currently $265.

Medical fees.

Biometric measurements fees

Visa Issuance fee: In some countries, an additional Visa Issuance fee may be charged when the visa is issued. Check with the local US Embassy or Consulate for up-to-date fees.

Need more help?

If you still feel that you would like to have professional help in making your application or would like to consult a lawyer who specializes in immigration and visa matters, you can explore some of your options, including how to access our exclusive list of professional immigration lawyers.

If you need answers or clarifications, email us and we’ll do our best to get back to you within 24 hours.