K-3 Visa:

What is it?
Foreign spouses of U.S. citizens, and the spouse’s children, can come to the United States on a K-3 (for the spouse) and K-4 (for the children) visa, and wait in the U.S. to complete the immigration process.

This involves a two-step process: (a) You file a petition to secure an immigrant visa (a so-called Marriage Visa, based on a I-130 petition) for your spouse and children—this can take well over a year to be granted; (b) in the meantime, you also file a petition for a K-3 visa (based on a I-129F petition), so that your spouse can come to the U.S. to join you, and wait for approval of the immigrant visa.

So, strictly speaking, the K-3 visa is an expedited means for your wife (and children) to join you in the U.S. to wait for your wife’s Marriage Visa to be granted by the USCIS.

What are the requirements for me to apply for a K-3 Visa?

1. You must be a U.S. citizen;
   
2. You must be legally married to your wife.

How do I apply for the K-3 Visa?
To apply for a K-3 visa involves a three-step process:

1. First, you file a Form I-130 Immigrant Petition for Alien Relative, with all necessary supporting documentation. This is filed with the USCIS Office in your region of the U.S.;
   
2. Once you are notified that the USCIS has received the Form I-130 petition, you then file a Form I-129F petition (this is the K-3 component), also with the USCIS; Once the I-129F is approved, your file is forwarded to the National Visa Center for review. Once approved there, the entire file is forwarded to the U.S. consulate in the country where you were married, or, if you were married in the U.S., to the consulate located in your wife’s native country.
   
3. More paperwork is sent to your wife, and once she has completed these forms and taken a medical test, she is called into the consulate for an interview. If she passes the interview, the K-3 Visa is issued (usually within 1 day to 1 week).  Your wife (and children) are then allowed to travel to the U.S.

What is IMBRA, and does it affect my case?

The International Marriage Broker Regulation Act (IMBRA) became law in 2006. If you have been convicted of certain violent crimes, then you would have to seek a waiver before proceeding with a K-3 petition. If IMBRA seems to affect your case, please contact us to discuss the situation and the possibility of seeking a waiver.

What happens after my wife comes to the U.S.?
Once your wife comes to the U.S. on her K-3 visa, she can travel freely and work. She will have a 2-year period to apply for her Green Card.

Do I need an attorney to obtain a K-3 visa for my fiancée?

It is not required that you have an attorney when you file the petition for a K-3 visa for your fiancée, but it is highly advisable to hire an attorney.

To navigate your way through the K-3 process, you have to fill out many forms. As a non-attorney, you will likely be unsure which forms to fill out, and exactly how to fill them out. You may read and reread the instruction, and think you understand . . . and yet you cannot be sure because you’ve never done this before. If you make any mistakes or omissions, then your case will be delayed, possibly for months and months.

If you hire an attorney, you are benefiting from his/her experience—they handle cases like this day-in and day-out, and know how to handle your case. In most cases, it is well worth the money to hire an attorney.

Contact us about your visa today!