US Immigration Lawyer

Gloria J. D'Souza, Esq.

K-3 Visa for Spouse

The K-3 visa is a nonimmigrant visa category that allows the spouse of a U.S. citizen to enter the United States while they await the approval of their immigrant visa petition. This is the first step a U. S. Citizen spouse can take to bring the spouse and his or her children to obtain a visa to come to the United States while waiting for USCIS to make a decision on Form I-130.

Historically, the family might have been separated for some time while waiting for a decision on an immigrant petition. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time the family would need to spend apart. It only makes sense to file for a K-3 visa, only if the I-130 waiting time is longer.

Marriage Green Card Attorney in Clifton

Who is eligible to file K-3 or K-4?

Foreign spouse of a U. S. Citizen may be eligible for a K-3 visa if he or she:
  • Is married to U.S. Citizen
  • Is the beneficiary of a Form I-130, Petition for Alien Relative that the U.S. Citizen spouse filed
  • Seeks to enter the United States to await USCIS’ decision on the Form I-130.

A child of U.S. Citizen’s foreign spouse may be eligible for a K-4 visa if he or she is:

  • Under 21 years of age;
  • Unmarried; and
  • The child of the K-3 visa applicant that the U. S. Citizen filed for.

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