USA Nonimmigrant Visa for a Spouse (K-3)

Here’s a detailed guide on how to get a K-3 visa, required documents, and eligibility requirements:

Eligibility for the K-3 Visa

Before you begin the application process, it’s crucial to ensure you meet the eligibility criteria:

• Valid Marriage: You must be legally married to a U.S. citizen.
• Approved Immigrant Visa Petition (Form I-130): Your U.S. citizen spouse must have already filed and received approval for Form I-130, Petition for Alien Relative, on your behalf with U.S. Citizenship and Immigration Services (USCIS).
• Visa Application Abroad: You can only apply for the K-3 visa at a U.S. embassy or consulate in the country where your marriage took place.

The Application Process (Two Steps):

The K-3 visa application process involves two main parts:

Step 1: U.S. Citizen Spouse Files Petitions with USCIS

1. Form I-130 (Petition for Alien Relative): Your U.S. citizen spouse needs to file this form with USCIS to establish your relationship as a married couple. USCIS will review the petition and send a receipt notice upon receiving it.

2. Form I-129F (Petition for Alien Fiancé(e)) (Though seemingly for fiance(e)s, it applies to K-3 visas as well): Once the I-130 is approved, your spouse files this petition with USCIS to request the K-3 visa for you. This petition includes additional documentation proving your bona fide (good faith) marriage.

Step 2: You Apply for the K-3 Visa at a U.S. Embassy/Consulate

Once USCIS approves Form I-129F, you will receive instructions on how to proceed with the K-3 visa application at the U.S. embassy or consulate in the country where you were married. The application process typically involves the following:

• Form DS-160 (Online Nonimmigrant Visa Application): Complete this online form electronically and print the confirmation page.
• Passport: Your passport must be valid for at least six months beyond your intended stay in the U.S. (exceptions may apply depending on your country).
• Civil Documents: These include original and photocopies of your birth certificate, marriage certificate, and any previous marriage termination documents (divorce decrees or death certificates).
• Medical Examination: You will need to complete a medical examination by a U.S. government-authorized physician.
• Evidence of Financial Support: Your U.S. citizen spouse may need to show they have sufficient income to support you financially.
• Interview: You will be interviewed by a U.S. consular officer to assess your eligibility and the legitimacy of your marriage.
• Visa Fee: There is a visa application fee associated with the K-3 visa processing.

Required Documents for K-3 Application

The exact documents required may vary depending on your specific situation. Still, some general documents you’ll likely need include:

• Completed and printed DS-160 confirmation page
• Valid passport
• Birth certificate (yours and your spouse’s)
• Marriage certificate
• Proof of termination of any prior marriages (divorce decrees or death certificates)
• Medical examination results in a sealed envelope
• Evidence of financial support from your U.S. citizen spouse (tax returns, employment letters, bank statements)
• Invitation letter from your U.S. citizen spouse
• Marriage photos and other evidence of your relationship (optional, but recommended).

Important Note:

• Processing times for K-3 visas can vary depending on the workload at the USCIS office and the U.S. embassy or consulate where you apply.
• A K-3 visa is typically valid for two years from the date of issuance.
• You cannot work in the U.S. on a K-3 visa, but you can apply for a work authorization permit after you enter the U.S.
• While waiting for your green card application to be processed, it’s crucial to maintain your marriage and not violate any immigration laws.