How to Apply for a K3 Visa: 10 Steps (with Pictures) (2024)

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Last Updated: December 21, 2021Approved

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   Be aware of the eligibility requirements for K-3 visa application. For a U.S. citizen, to petition for a K-3 visa for his or her spouse (and/or K-4 visas for any children), certain requirements must be met. The main requirements are that:

   • The non-citizen visa applicant must be the citizen's legal, certified spouse.
   • The non-citizen must have a Form I-130, Petition for Alien Relative, currently pending. In other words, the citizen spouse must have previously filed this form on his or her behalf.
   • Any children attempting to obtain K-4 visa status must be unmarried, under the age of 21, and the child of a qualified K-3 applicant (the non-citizen spouse, in this case).
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   File Form I-130(s) for your spouse (and children). For his or her spouse and/or children to obtain K-3 (or K-4, in the case of the children) visa status, the US citizen petitioner must file Form I-130 (Petition for Alien Relative, downloadable at the USCIS website^[1]). This form must be submitted with the proper documents to prove that the petitioner is a U.S. citizen (passport, birth certificate, etc.) and that any relative for whom an I-130 is being filed is related to the petitioner (marriage certificate, etc.) See the USCIS website for a list of acceptable documents.^[2] Finally, a filing fee must also be paid.

   • A separate I-130 should be filed for each relative - one for the non-citizen spouse and one for each child. As noted above, children require approved I-130s to be able to apply for permanent residency.
   • Once the USCIS has received the citizen's I-130 petition(s), s/he will be sent a document called a Notice of Action (or I-797). Keep this, as it is required to complete the application process.

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   File Form I-129F (Petition for Alien Fiancé(e)). Once the Notice of Action for the spouse's I-130 has been received, the citizen should file an additional form, the I-129F, on his or her behalf. The name of this form is misleading - though it's called the Petition for Alien Fiancé(e), it's required for actual married spouses as well. Though the citizen only needs to submit one I-129F (for his or her spouse), s/he should be sure to list all children seeking K-4 status on this form.

   • The I-129F requires the original I-797 Notice of Action received after the I-130 was filed.
   • If the USCIS approves the I-129F, it will be forwarded to the State Department for consular processing.
4. See Also

   K-3/K-4 Nonimmigrant Visas | USCISLeicht verwirrt, K3-Visum und USCIS / NVCNonimmigrant Visa for a Spouse (K-3)K-3 Spouse Visa Step-by-Step Guide on Filing an I-129F & I-130 for a Foreign Spouse

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   Begin to apply for the K-3 visa by scheduling an interview at a U.S. consulate. Upon completion of forms I-130 and I-129F, the foreign spouse should receive a letter from a US Embassy providing instructions for scheduling a required visa interview at a U.S. consulate in his or her country. If the country does not have an embassy or consulate, the interview will take place at the consulate in a nearby country that does. The foreign spouse should use the time before his or her interview to gather required documents and complete a required medical examination (see below).

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   Gather necessary documents. The visa interview requires the non-citizen spouse to bring extensive documentation to the interview to prove his or her eligibility for visa status. S/he should bring the following documentation to the consulate on the day of his or her interview:^[3]

   • Completed Form DS-160, Online Nonimmigrant Visa Application. This form is available to be printed from the Department of State website^[4]
   • A passport that allows valid travel to the United States and with an expiration date at least six months beyond the intended stay in the United States
   • Birth certificate
   • Marriage certificate
   • Divorce or death certificate(s) for any previous spouses
   • Police certificate(s) from the non-citizen spouse's country of residence and from any country where s/he has lived for 6 months or more since age 16.
   • Documentation of medical examination (see below)
   • Evidence of financial support - in other words, proof that the non-citizen won't become a burden of the state because s/he is self-sufficient or has a spouse who can provide support. This can be in the form of I-134, Affidavit of Support.
   • Two 2x2 photographs. See the State Department's photo guidelines^[5] for more information.
   • Evidence of relationship with the U.S. spouse.
   • Payment of fees.
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   Undergo a proper medical examination. Before applying for a visa at the consulate, every applicant must receive an official medical examination from an authorized physician. The consulate or embassy that the non-citizen spouse is applying at should provide him or her with instructions for locating appropriate physicians nearby - see the State Department website for more information.^[6]

   • The medical examination includes a review of the patient's medical history, a physical examination, a chest x-ray, and various blood tests.
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   Attend a visa interview. The visa interview is a vital part of the application process and takes place at a U.S. consulate in the foreign spouse's country (or, as noted in the exception above, in a nearby country). To account for unexpected delays, the visa applicant should try to arrive at the consulate an hour before his or her interview appointment. S/he should have all necessary documentation when s/he arrives at the consulate. S/he should answer the interview questions as directly and honestly as possible.

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   Receive the K-3 visa and document packet. If the applicant's visa petition is approved, the consular officer will give his or her passport (now containing a K-3 visa) back, along with a sealed packet containing the documents s/he provided, plus additional document from the consulate or embassy. This packet should not be opened. The K-3 visa holder should keep both of these things on his or her person when s/he enters the United States - only an authorized Department of Homeland Security (DHS) official should open the packet upon arrival in the U.S.

   • The spouse who holds the K-3 visa must enter the country before or at the same time as and K-4 status children - the children cannot enter the country first.
   • The length of time following the visa interview that the K-3 visa is issued can vary. Reasons for delays can include incomplete or incorrect information on a required form and additional administrative processing.^[7]

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   Be aware of the benefits and limitations of the K-3 visa. The K-3 visa is highly desirable for the non-citizen families of U.S. citizens because it allows them to legally reside together in the United States. However, it's very important to understand the limitations of the K-3 visa before beginning the lengthy application process so as not to be caught off guard by obstacles that may occur. See below:

   • The primary benefits of the K-3 visa are twofold:
     • It allows the authorized spouse to be admitted to the United States. Once admitted, K-3 non-immigrants may apply to adjust their status to permanent residency at any time.
     • It allows the holder to obtain employment authorization. They can obtain the proper documentation to work legally by filing Form I-765, Application for Employment Authorization.
     • Additionally, K-4 visa holders (the minor children of the K-3 holder) can apply for permanent residency after a Form I-130 has been filed on their behalf by the citizen petitioner.
   • Important limitations to be aware of are as follows:
     • K-3 and K-4 visa holders are admitted into the United States in two-year increments. If, after two years, the holder's I-130 has not yet been processed, holders may apply for additional time in two-year immigrants until the I-130 is processed.
     • When the K-3 holder's I-130 is processed, an immigrant visa immediately becomes available to him or her and s/he becomes ineligible for K-3 status. At this point, the K-3 holder must immigrate as a lawful permanent resident.
     • Note that any K-4 holding children must have approved I-130s to be able to immigrate as a permanent resident. Because of this requirement, the U.S. citizen petitioner should file a separate I-130 for each K-4 child concurrent with the K-3's I-130 so that the children will be able to immigrate legally when the K-3's I-130 is processed.
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   Be aware of the conditions that cause K-3 visas to expire. K-3 visas are subject to certain rules that can cause them to become invalid - when this happens, the visa expires 30 days after the qualifying conditions are met. These conditions include:

   • The United States Citizenship and Immigration Service (USCIS) denying or revoking a Form I-130 petition
   • The USCIS denying or revoking an I-485 (permanent residency) petition
   • The Department of State denying the immigrant visa application filed by the K-3 holder
   • The termination of the marriage (through divorce or annulment)

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