A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to shorten the time that a foreign spouse is separated from his or her U.S. citizen spouse during the immigration process.
The K-3 visa is specifically for foreign spouses of U.S. citizens who have already filed their I-130 Petition but have not received an approval.
In order to file for a K-3 visa, the U.S. citizen spouse must first file an I-130 Petition with USCIS. Afterwards, the U.S. citizen spouse files a Form I-129F Petition for Alien fiancé(e). (“I-129F Petition”) with supplemental documentation. If the I-129F Petition is approved before the I-130 Petition, the foreign spouse can consular process for a K-3 visa at a U.S. Embassy or Consulate. Once issued, the foreign spouse can enter the United States and remain while USCIS completes the I-130 Petition adjudication. After the I-130 Petition is approved, the foreign spouse can apply for Adjustment of Status. It is important to note that while a K-3 visa is an option to shorten the time the U.S. citizen and foreign spouse are living separately, K-3 visa issuance has become far less common over the past several years. Thus, consulting with an experienced immigration attorney to determine if a K-3 visa is a viable option is highly recommended.
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