Exploring K-3 Visas: A Lesser-Known Option for Spousal Immigration

What Is a K-3 Visa?

When a U.S. citizen marries a foreign spouse, the usual approach to bringing the spouse into the U.S. requires filing applications with two agencies and at least three steps. This leads to an extended waiting period. The U.S. citizen must prove that the marriage was based upon a good faith relationship based upon love and mutual moral respect. The foreign spouse must subsequently go through a time-consuming process of applying for the approval of an immigrant visa petition for conditional, if not lawful permanent resident status. This is disheartening, even traumatizing, for couples that want to have their family together in one place. Long-term, long-distance separations are frustrating.

A K-3 visa may be one solution, where processing times are shorter in this category. This is a nonimmigrant visa for petitioned spouses of U.S. citizens. This visa allows the spouse to enter the U.S. before the immigrant visa petition is approved. It gives them the ability to be in the U.S. legally while waiting for their green card petition to be decided. The immigrant visa petition process continues, but the family can live together in the U.S., not separated across countries.

However, it’s crucial to note that the K-3 visa has restrictions and requirements that can make it complicated. It’s also good to know that an approved K-3 visa is not a work permit. Once in the U.S., the foreign spouse can apply for employment authorization but can’t start working until it’s approved.

What Is Required to Apply for a K-3 Visa?

A few things must be done before a K-3 visa application can be submitted.

• The foreign spouse must meet all requirements in place at the time of application. These include the spouse living in a country outside the U.S. and being the legal spouse of a U.S. citizen (not a U.S. green card holder). 
• The U.S. spouse must have filed for and be awaiting approval for an immigrant visa petition (Form I-130) on behalf of the foreign spouse they want to bring into the U.S. They must also file Form I-129F along with documents proving their relationship (marriage certificate if married, etc.). 
• The foreign spouse must fill out forms, including form DS-160 if the K3 petition is approved.
• The foreign spouse must undergo a medical examination before the visa interview..
• The foreign spouse must provide police clearance from every country they’ve lived in for at least six months since the age of 16 when filing for the visa.
• The foreign spouse must undergo an interview if the petition is approved. 
• The U.S. spouse must meet specific income requirements. 
• If the applicant has children they want to bring to the U.S. too (which would require a K-4 visa), the children must be under 21 and unmarried.

If this sounds easy, keep in mind that USCIS paperwork and applications can be rigorous and complicated at times. The slightest error can cause them to be rejected, and the spouse could have to start all over again. That’s one reason it’s vital to work with an experienced immigration attorney who understands everything required and can help you avoid errors and pitfalls that could end up lengthening the process. 

What Are the Disadvantages of a K-3 Visa?

In reality, there are several, which is why most couples bypass this option and the USCIS rarely issues any K-3 visas.

• Waiting period. It’s usually as fast to receive approval for a K-3 visa than it is to apply for a marriage-based green card. The latter gives the foreign spouse the right to work as soon as they land in the U.S., unlike the K-3, for which there’s additional processing in the United States..
• Cost. The K-3 has additional attorney’s expenses, but there is no longer a filing fee, yet the process isn’t faster or easier than a marriage green card. 
• Validity period. A K-3 visa lasts only two years. The foreign spouse can apply to have it extended, but it’s not guaranteed to happen. That’s compared to most green cards (except conditional green cards) that last at least 10 years before they have to be renewed. 

Who can file for a K3/K4 visa for a foreign spouse and stepchildren? What is one large group unable to file for K3/K4 visas?

A K3/K4 visa is something that a U.S. citizen can seek for their foreign spouse, when the foreign spouse is waiting outside the U.S. for a pending I-130 petition.  It can’t be filed  if the foreign spouse is married to a green card holder. 

A marriage based visa petition is also something that may be applied for when the foreign spouse has been inspected, admitted or paroled into the U.S. versus having the foreign spouse in the foreign country. Those who are in removal proceedings may be unable to qualify depending upon the facts. Seek legal advice from experienced immigration lawyer before making a final decision. Those who are admitted with a K3/K4 visa may ‘file to adjust status’ if their I-130 petition is approved.

If approved, the marriage green card is valid for specific terms.

• If the couple has been married less than two years when the petition is approved, then the marriage green card is considered conditional and only valid for two years. After the first two years, the couple, or foreign spouse,  may be able to seek a ten-year card.
• The couple has been married more than two years when they are approved. If approved, the marriage green card could be valid for ten years. 

Once approved, the green card holder is a lawful permanent resident until the green card is revoked, considered to have abandoned their permanent residence in the U.S., undertake actions where they are found inadmissible/deportable,  or they take steps to become a naturalized U.S. citizen.

This K3/K4 process, just like the K1 fiance process, also requires the foreign spouse to have a medical examination and interview at the U.S. consulate or embassy..

What Should I Do if I Need Help with Spousal Immigration?

Call The Law Office of Kevin Dixler as soon as possible at 312-728-4610 to request a one hour strategy session. We understand that working to bring your spouse into the country is of the highest importance to you. We’ll review your case and help you determine if a K-3 visa might be the right avenue for your spouse. Our experienced, knowledgeable immigration attorneys understand this complex, nuanced area of law and can help you understand it, too. Avoid all the internet misunderstandings, myths, and legends that get applicants in trouble. Commit to a strategy session, today!