For U.S. citizens married to foreign nationals living abroad, the K-3 visa offers a faster route to reunification than waiting for the immigrant visa process. This article explains when a K-3 visa makes sense and how to navigate the process.
1. What Is a K-3 Visa?
A K-3 visa is a nonimmigrant visa allowing your spouse to enter the U.S. to wait nearby while their immigrant visa or Green Card is pending.
2. Who Qualifies?
You must be:
- A U.S. citizen
- Already married
- With a pending Form I-130 filed by you for your spouse
3. How to Apply
- File Form I-130 (Petition for Alien Relative)
- File Form I-129F for K-3 Visa
- After approval, spouse completes DS-160 and attends an interview at the U.S. embassy or consulate
4. Wait Time and Validity
Processing times vary from 6 to 9 months. Once issued, the K-3 visa is valid for two years, with the possibility of extension.
5. Inside the U.S.
Upon arrival, your spouse must file Form I-485 to adjust status to permanent resident. This can be done simultaneously with the immigrant visa application.
6. Pros and Cons
Pros
- Faster entry into the U.S.
- Can start working and studying immediately after applying for EAD
Cons
- Two petitions to file
- No guarantee that adjustment will be smooth
Final Advice
If you’re eager to reunite, the K-3 visa is worth considering. Consult an immigration attorney to ensure you correctly complete both petitions and timelines.