How to get a Spouse Visa?

A petition for a U.S. Green Card through Marriage could take a long time to process. This can mean a long physical separation for married couples who await approval. One spouse would be in the United States and the other in a foreign country, and this could be a very difficult situation for most. The spouse visa, K-3, is a nonimmigrant visa that is designed to keep couples together as adjustment of status for permanent residency is being processed.

To apply, you must be a legal spouse of a U.S. citizen husband or wife. Spouses in a common-law marriage may be able to apply depending on the laws of the foreign country. The first spouse in polygamous marriage may also apply. However, spouses in a same-sex marriage cannot.

How do I get a K-3 Visa?

Before applying for a K-3 Visa, the first step is your spouse filing Form I-130, Petition for Alien Relative, and Form I-129F, Petition for Alien Fiancé(e). As your U.S. citizen sponsor, he or she must file these forms on your behalf.

After this, you can apply for a K-3 Visa yourself. Note that if the I-130 and I-129F are readily approved, you will not need to apply for a K-3 Visa. Since you will be receiving a U.S. Green Card, a nonimmigrant visa will not be necessary.

Required Documents for a K-3 Visa

  • A valid passport
  • Birth Certificate
  • Marriage Certificate
  • Divorce or Death certificate of a previous spouse
  • Police Certificate
  • A Medical Examination
  • Evidence that you will be supported financially (Form I-134, Affidavit of Support could be required)
  • Two passport-style photographs
  • Proof of relationship with U.S citizen husband or wife

Employment Authorization with a K-3 Visa

Once you obtain your K-3 Visa, you many also obtain an employment authorization. You will have to file Form I-765, Application for Employment Authorization.

Applying for a K-3 Visa

You can file form I-130, I-129, and the K-3 application with us. We will make sure that your applications are free of mistakes so that you can reunite with your husband or wife as quickly as possible.