K-3 and K-4 Visas

OVERVIEW

K-3 Visas are available to foreign nationals who are married to U.S. citizens, and who are the beneficiaries of an unadjudicated immigrant visa petition (Form I-130) filed by their U.S. citizen spouse. The foreign national's unmarried children under the age of 21 are eligible for K-4 status as derivative beneficiaries.

STEPS

The U.S. citizen must file Form I-130 (Petition for Alien Relative) with the United States Citizenship & Immigration Services (USCIS) on behalf of their foreign national spouse. The USCIS will issue a receipt notice to the U.S. citizen as evidence that it has received the petition and will be processing it. Subsequent to receiving the receipt notice and prior to the adjudication of the Form I-130, the U.S. citizen may file Form I-129F and request that their foreign national spouse be given a K-3 visa. If the I-129F petition is approved, it will be forwarded to the U.S. Consulate office which has jurisdiction over the foreign national spouse's permanent residence.

DOCUMENTS

Because the K-3 Visa functions as a temporary substitute for an immigrant visa, much of the process is similar to that of obtaining an immigrant visa. Applicants may be asked to provide local documents establishing family relations and, in some cases, testimonials to establish the truth of these relationships. Applicants may also be asked to present evidence to establish that their health and criminal backgrounds meet standards sufficient to protect the American public.

At various stages in the process of obtaining a K-3 visa, the U.S. Citizen and/or the foreign national spouse will have to supply the following documents:

  1. A birth certificate or other allowable birth record for the U.S. Citizen;
  2. A birth certificate or other allowable birth record for the foreign national spouse;
  3. A marriage certificate or other allowable marriage record for the U.S. Citizen and foreign national spouse;
  4. Two recent photographs 1 & 1/2 inches square (37mm x 37mm) of the foreign national spouse, with the entire face visible. The picture should be taken before a light background and without head covering;
  5. Two recent photographs 1 & 1/2 inches square (37mm x 37mm) of the U.S. Citizen, with the entire face visible. The picture should be taken before a light background and without head covering;
  6. A passport for the foreign national spouse, valid for travel to the United States for at least six months;
  7. Additional documents and Visa Application Fees as determined by the U.S. Consulate or Embassy abroad.

FREQUENTLY ASKED QUESTIONS

LEGAL SOURCES