The K3 visa is intended for spouses married to a U.S. citizen who wish to live in the United States with their husband or wife while waiting to complete the process of applying for a Green Card. Couples must be legally married to qualify for this type of visa. Other qualifying criteria include:
● The applicant must currently be residing in a foreign nation;
● The applicant must have a valid passport;
● The spouse who is a U.S. citizen must have already submitted their sponsorship to the USCIS. The applicant must also have a receipt showing that the sponsorship form is under review;
● An approved form I-129 must be submitted to the U.S. Consulate nearest to the applicant;
● The spouse who is a U.S. citizen must have the financial means to support their spouse;
● If the spouse who is a U.S. citizen falls 100% below the Federal Poverty Guidelines, the couple must also have a joint sponsor file an affidavit of support.
These guidelines mean that three separate forms must be submitted to apply for a K3 visa.
The first form is an I-130, which is a Petition for Alien Relative. The spouse who is a U.S. citizen must submit this form to the USCIS with proof of their citizenship, a form G-325A for both themself and their spouse, a copy of their foreign spouse’s passport, their foreign spouse’s birth certificate, their marriage certificate, passport photos for both spouses, and any divorce, death, or annulment documents from any previous marriages.
The second form you will need to prepare is an I-129F. This is a Petition for Alien Fiancé. The spouse who is a U.S. citizen must submit this form with proof of their U.S. citizenship, their foreign spouse’s official passport, their marriage certificate, passport photos for both spouses, all I-94 documents from previous trips to the United States, a receipt for Form I-130, and any divorce, death, or annulment documents from any previous marriages. A certified translation will have to be submitted with the original marriage license if it is not in English.
After receiving confirmation that the USCIS has approved form I-129F, you may then go on to electronically submit form DS-160. To do so, you must make a user account through the U.S. Department of State’s website or you may submit a physical copy. If you submit form DS-160 electronically, you will receive a barcode that you should hold onto for future use.
After all three forms have been processed, you can then submit the $245 visa fee and schedule an interview at your nearest U.S. Embassy or Consulate. Be sure to check with the Embassy or Consulate to find out what documents you should bring for the interview.
Due to the repeated back and forth of sending forms in for confirmation, K3 visas generally take a while to finally get approved. Between the processing times for forms I-130, I-129, and DS-160, combined with the amount of time it takes to get an interview, the entire process can take as long as nine months.
To help expedite this timeline, you should contact your attorney who can help speed things along and guide you through the application process.