November 7, 2024

What is a K-3 Nonimmigrant visa?

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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Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only. 

Categories: Non-immigrant Visa

Tags: K-3 Visa, Non-immigrant visa, Spousal Visa

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