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.