Immigrants
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9 mins read
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August 12, 2021
The K-3 Visa: Everything You Need to Know
Is the K-3 visa the right one for you and your new international spouse?
Love knows no borders. Seriously, it doesn’t. If you’ve wondered what happens after an American citizen falls in love with a foreign-born citizen — and what the next steps are for designing their future lives together — the answer depends on whether or not they’ve married abroad or will marry in the United States.
For couples who choose to marry abroad, they may be considering applying for the K-3 visa. However, many couples choose a different visa route — and today, we’re sharing that, plus everything you need to consider
before
saying “yes” to the K-3 visa.
What is the K-3 Visa?
Put simply, the K-3 visa is specifically issued to international spouses of US citizens. These couples have married overseas and are in the process of preparing their request to allow their foreign-born spouse to live legally in the United States.
K-1 Visa vs. K-3 Visa: What's the Difference?
Many people may be unclear on what the difference is between these two visas.
Well, the primary difference is that the K-1 visa is issued to couples who are
unmarried
. In colloquial terms it’s actually called the ‘fiancée visa’. The most important aspect of this visa being issued is the promise that the couple will marry within 90 days. (Fun fact: this 90-day requirement is also the inspiration behind the
in the United States).
Again, the K-3 visa is issued to individuals who
have
married abroad and are seeking to legitimize their status within the United States when moving from their original
.
Who Is Eligible for the K-3 Visa?
USCIS states that the legally married spouse of a United States national is eligible to request the K-3 visa.
How to Apply for the K-3 Visa
If you’ve decided that the K-3 visa would be a good fit for your personal situation, here are the basic steps to follow in the application process.
It should be noted that this process is a bit more involved than requesting a
.
The K-3 visa process is a little bit confusing, as applicants will have to work through a multi-step process prior to applying for the visa:
- The applicant will need to provide proof that they are legally wed to the United States-based spouse. This request is made via the Form I-130, which is filled in by the US-based sponsor.
- Concurrently, the US-based sponsor who is the spouse of the applicant will also submit an additional request via the Form I-129 for an Alien Fiancé(e).
- Applicants will then receive the Form I-797 or notice of action once their application has been received and has begun being processed.
What is unique about this process is if the Form I-130 is approved first, then the applicant’s K-3 request is basically invalidated and the applicant is immediately eligible for an immigrant visa, such as the CR-1 visa issued to immigrant spouses of US citizens.
If the applicant’s Form I-130 is approved prior to the I-129, applicants will then be directed to file for the IR-1/CR-1 visa for immigrant spouses of US citizens.
Additional documentation may also need to be submitted by each spouse.
Documents Checklist: US Citizen
This spouse will have to provide indisputable proof that they are indeed a legal United States citizen, as well as proof of their legal connection to their spouse:
- Proof of US citizenship;
- Original birth certificate;
- Naturalization documentation (if you’re a naturalized citizen);
- Form FS-240;
- Copy of your passport;
- Email verification from a consular officer that you are a US citizen.
Document Checklist: Foreign Spouse
This spouse will have to provide indisputable proof that they are actually married to their US-born or naturalized spouse and substantiate that claim with
:
- Proof of relationship with applicant, which would include at least one of the following documents: copy of marriage certificate or sworn affidavit of relationship between you and your spouse;
- Divorce documentation (if previously married);
- Passport photos of both you and your spouse;
- Proof of combined financial resources meeting the minimum income requirement guidance as stated by USCIS. This information may be requested via the Form I-134. Currently, the guidance on the form is that the applicant needs to have enough income to not become financially dependent on public services;
- Birth certificates for any single children who are younger than 21 years old.
Once issued a K-3 visa, you’re allowed to legally reside in the United States for up to 2 years. Speak with your immigration lawyer on what your next steps are, once granted the initial K-3 visa. It’s likely that you will have to request an adjustment of status in order to have a more permanent legal status in the United States by the end of your initial two years.
K-3 Visa Processing Time
What complicates the K-3 visa processing time is the need to submit both a Form I-129F and Form I-130 as part of the K-3 visa application request.
Current processing times for Form I-129F are dependent on the specific processing center adjudicating your request. For example, for the California Service Center, processing times are currently between
Current processing times for the Form I-130 has a current range between
, if the request is being processed at the California Service Center.
It’s important to note that processing times vary and are also impacted by additional requests for information and unforeseen events.
Can You Work on a K-3 Visa?
One of the most important questions that factor into the type of visa to apply for is “
?” Happily, recipients of this visa are allowed to work.
However, in order to work, applicants will need to have submitted, and been approved for, work authorization. While applicants will be allowed to work after receiving an approval of their request, what’s important is to take into consideration the processing time for this request.
An Alternative: The CR-1 Visa
The CR-1 visa is an option that many newly married couples are finding a lot more attractive than the K-3 visa. The CR-1 visa is a conditional residency visa that also grants a Green Card to the applicant on a temporary basis.
Couples tend to prefer applying for this visa, as the application process is much more straightforward than requesting a K-3 visa. The CR stands for “Conditional Resident”, with some conditions. In order to have a more permanent state of residency, the applicant will need to request removal of those conditions.
Falling in love and moving to a new country can feel overwhelming. We do suggest spending some time researching your options and working with a visa lawyer who can help you navigate through the different questions and concerns that you may have about your specific situation. We hope that we’ve been of help in the meantime. Good luck!
