A K3 visa allows a spouse (husband or wife) of a U.S. citizen to enter the United States as a non-immigrant and wait for the green card application process to finish. To apply for a K3 visa, the spouse must have an immigrant petition (I-130) filed on their behalf.

Once in the U.S. on a K3 non-immigrant visa, the spouse of a U.S. citizen has two options. They can file Form I-485 to adjust their status or wait for I-130 approval and go to a U.S. consulate abroad to obtain an immigrant visa. Both options lead to permanent resident status (green card).

Alternatively, the spouse may choose to complete the entire process outside the United States and enter the U.S. on an immigrant visa. Upon entry, they will become a permanent resident immediately, either in IR (immediate relative) status or CR (conditional resident) status if the marriage is less than two years old.

Similar to the K1 fiancé visa, the K3 visa is also known for being one of the fastest ways to immigrate to the U.S. However, due to its popularity, it has also been used for visa fraud. As a result, USCIS and consular officers closely scrutinize K3 visa applications to detect any signs of marriage fraud and scams.

Department of State Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

What is considered a "spouse"?

A spouse is a husband or wife in a legal marriage. "Common-law" spouses may or may not qualify for K3 visas, depending on local laws governing "common-law" marriages. Partners living together are generally not considered spouses for immigration purposes but immigration law will recognize the local marriage laws in these cases.

How do I file a K-3 visa petition?

• You, the American citizen, must file Form I-130, Petition for Alien Relative, for your spouse with the United States Citizenship and Immigration Services (USCIS).
• USCIS will send you a receipt notice (Form I-797).
• You then file Form I-129F, Petition for Alien Fiancé(e), for your spouse with USCIS. If your spouse is planning to bring his/her unmarried children under 21 years of age to the United States in K-4 status, you must name the children in the I-129F petition.
• If USCIS approves your I-129F, it will send the petition to National Visa Center (NVC).
• After initial processing, NVC sends the I-129F petition to a U.S. embassy or consulate in the country where your marriage took place.
• If your marriage took place in the U.S., NVC will send the petition to the embassy or consulate in the country where your spouse will be applying for the K3 visa. This is usually the country of his/her nationality, but could be another country if there is no US embassy or consulate in that country, or there is one but the post doesn't issue visas.
• After receiving the I-129F petition, the embassy or consulate will notify your spouse, with instructions regarding medical examinations, visa interview and supporting documents (proof of marriage, financial support, etc.)
• Your spouse must attend the visa interview, and if all goes well, will receive K-3 visa on his/her passport.