Spouse of a U.S. Citizen awaiting approval of an I-130 immigrant petition.

Nonimmigrant visa for spouse (K-3) - It is important to note that an application for the nonimmigrant visa for a spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:  Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F.

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.  K-3 visa recipients subsequently apply to adjust their status to a permanent resident (LPR) with the Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have an immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.

Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.

A spouse is a legally wedded husband or wife. Same-sex spouses of U.S. citizens and Lawful Permanent Residents, along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.

Merely living together does not qualify a marriage for immigration.

Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.

In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

The International Marriage Broker Regulation Act of 2005 (IMBRA)

Detailed information about IMBRA requirements is contained in the Form I-129F, Petition for Alien Fiancé(e), instructions:

*The First Step is filing the Petitions

You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition.

*You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.

After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

*The Second Step: Applying for a Visa

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

Required Documentation:

*You, the foreign-citizen spouse, (and eligible children applying for K-4 visas) will be required to bring the following forms and documents to the visa interview:

*Completed Form DS-160, Online Nonimmigrant Visa Application. You (and any eligible children applying for K-4 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your interview. 

*A passport valid for travel to the United States and with a validity date of at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions).

*Civil documents - the original(s) (or certified copies) and photocopies of the following:

*Birth certificate

*Marriage certificate for the marriage to the U.S. citizen spouse

*Divorce or death certificate(s) of any previous spouse(s)

*Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16. (Police certificates are also required for accompanying children age 16 or older.) 

*Medical examination (vaccinations are optional)

*Evidence of financial support (Form I-134, Affidavit of Support may be requested)

*Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements

*Evidence of relationship with your U.S. citizen spouse

Payment of fees, as explained below

Note: The consular officer may ask for additional information, such as wedding photographs and other proof that the marriage to your U.S. citizen spouse is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview all original civil documents, such as birth and marriage certificates as well as legible photocopies of the documents and translations. Original documents and translations will be returned.

Review Additional U.S. Embassy/Consulate-Specific Instructions

There may be additional instructions for collecting documentation needed for your K visa interview. Review U.S. Embassy/Consulate-Specific Instructions here, to learn what additional requirements there are, if any.

Medical Examination and Vaccination Requirements

In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians.

K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting the status to that of a legal permanent resident.  Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination.

*Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen spouse is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen spouse.

The U.S. citizen spouse will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident.

Rights and Protections - Pamphlet

You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and the protection available to you. The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-3 visa applicants will be provided with any existing criminal background information on their U.S. citizen spouses that USCIS received from other government agencies during the processing of their Form I-129F petitions.