K-3 visas are available for spouses of U.S. citizens who are waiting for Form I-130, Petition for Alien Relative to be approved and enter the United States as nonimmigrants.
U.S. citizen is called “Petitioner”, foreign spouse applying for a K-3 visa is called “Beneficiary”.
The K-3 visa has the following requirements:
- The beneficiary is married to a U.S. citizen and the marriage if valid;
- The petitioner has filed, or is concurrently filing, a Form I-130;
- The same U.S. citizen petitioner who files Form I-130 must file Form I-129F.
K-3 Visa Application Steps:
- Filing Form I-130;
- Filing Form I-129F, Petition for Alien Fiancé(e);
- Approval of Form I-129F form by USCIS;
- National Visa Center processing;
- Interview at a U.S. Embassy;
- If the beneficiary is eligible, they receive a K-3 nonimmigrant visa;
- Entry to the United States on K-3 visa;
- Filing Form I-485, Application to Register Permanent Residence or Adjust Status in the U.S.
K-4 Visa for Children
The K-4 visa is available to unmarried minor children (under 21) of a K-3 visa holder.
Important: a K-4 visa can be issued only within one year from the date of the issuance of the K-3 visa to the principal immigrant.
After one year the U.S. citizen petitioner or the beneficiary (if qualified), must file an immediate relative or second preference petition for the K-3 child.
No extensions will be granted regardless of the circumstances.
K-4 children do not require a separate petition from the U.S. citizen petitioner and must be listed on Form I-129F.
K-4 visa holders are not given the benefit of the Child Status Protection Act (CSPA) age-out protection for purposes of entering on the K-4 visa.
However, the Child Status Protection Act age-out protection is available for stepchild of a U.S. citizen if the U.S. citizen petitioner files Form I-130.
Keep in mind that a petitioner’s prior convictions for engaging in violence or sexual offenses against a minor will be disclosed by USCIS to the beneficiary and such offenses may lead to the denial of the K-3 visa application.
Pros and Cons of K-3 Visas
The K-3 visa is rarely used by applicants anymore.
During the COVID pandemic, K-3 and K-1 visa applicants found themselves at a disadvantage because U.S. embassies prioritized immediate relative immigrant visa petitions (Forms I-130).
A big disadvantage for K-3 visa applicants is the necessity to adjust status in the U.S. and inability to work in the U.S. until an EAD (Employment Authorization Document) is approved.
Unlike K-3 visa holders, those who entered the United States on immigrant visas don’t need to file Form I-485 and are authorized to work upon entry.
If you are unsure which method of entry is better for you, you can schedule a free consultation with our immigration attorney.
K-3 Visa Checklist of Required Documents
The following forms and documents must be submitted to USCIS with the K-3 petition:
Type of document | Examples of acceptable documents | Who provides it |
Immigration form |
| Petitioner |
Proof of U.S. citizenship | One of the following:
| Petitioner |
Form I-797C |
| Petitioner |
Proof of the termination of previous marriage(s) |
| Petitioner and Beneficiary |
Proof of marriage registration |
| Petitioner and Beneficiary |
Passport-style photographs |
| Petitioner and Beneficiary |
Legal name change |
| Only if Petitioner and/or Beneficiary changed their legal names |
Criminal records |
| Only if Petitioner committed certain crimes |
K-3 Visa Processing
A K-3 visa that is based on a marriage that was registered outside the United States needs to be issued by a consular officer in the foreign country where the marriage took place.
After receiving an approved Form I-129F, consular officers will first determine if the associated I-130 petition has already been approved.
If Form I-130 was approved, then K-3 visa application will be refused and the U.S. Embassy will adjudicate an immigrant visa.
If the I-130 has not yet been approved, the K-3 visa processing will continue.
If Form I-130 is denied after the K-3 visa is issued, the K-3 visa is no longer valid.
What Happens After K-3 Visa is Issued
K-3 and K-4 visas are generally valid for multiple entries for a period of 24 months.
An unmarried child entering the U.S. on a K-4 visa will be admitted for a period of 24 months or until the child’s 21st birthday, whichever is shorter.
If Form I-130 or Form I-485 (Adjustment of Status) is denied, K-3 status terminates 30 days after the denial.
If the U.S. citizen petitioner dies after K-3 or K-4 visa holders enter the U.S., Form I-130 will be converted to Form I-360 as a widower of a U.S. citizen.
Adjustment of Status in the U.S.
After entering the U.S. on a K-3 visa, the beneficiaries will submit Adjustment of Status applications.
A new medical examination form is not required if the medical exam obtained for the K-3 visa is less than a year old prior to the adjustment of status filing.
As noted above, a separate Form I-130 is not needed to obtain a K-4 visa for a child.
However, Form I-130 must be submitted with the adjustment of status application for the child if the child is a stepchild of the U.S. citizen.
Related links:
K-1 Visa for Fiancé(e)s of U.S. Citizens
