The K-3 visa is designed for couples who were legally married outside of the United States, and is available to spouses who meet the following eligibility requirements:
- The applicant must be the legal spouse of a U.S. citizen. (The K-3 visa is not available to spouses of U.S. green card...
- The applicant must currently reside in a country outside of the United States.
How long does it take to get a K3 visa?
K3 Visa Processing Time. K-3 visa processing, on average, takes about 6–9 months. This is just about as long as it takes USCIS to approve the marriage green card application.Because of this lengthy processing time, most people find that it’s not worth it to apply for a K-3 visa.
What is the difference between a K1 and K3 visa?
While the K-1 visa allows your fiance to join you in the country faster, this option also comes with a higher price tag. Additionally, the K-3 visa allows for multiple entries into the country, while the K-1 visa allows for only one. Both the K-1 visa and the K-3 visa enable U.S. citizens to live in the country with a foreign spouse.
Which one is faster K1 visa or K3 visa?
This usually means photo identification and an official copy of your marriage license, but it varies depending on where you live. How quickly do you need to get to the States? Generally speaking, a K1 visa is faster for immigrating couples than a K3 visa because it requires only one application – rather than two with the K3.
How long is K3 visa valid for?
K3 Visa Validity. The K3 visa is valid for only 2 years. It can be renewed in 2 year increments, but will be revoked in case the US Department of State rejects Form I-130, the application for Lawful Permanent Residence, or if the couple gets divorced. ... How Long is the K3 Visa Processing Time?
How long does K3 visa take?
about 19 monthsK3 Visa Processing Time K-3 visa processing, on average, takes about 19 months. This is just about as long as it takes USCIS to approve the marriage green card application.
What is the difference between K 1 and K-3 visa?
What are the Differences Between the K1 Visa and the K3 Visa? The main difference between a finance (K1) visa and a spouse (K3) visa is that a fiance visa is issued to a foreign citizen who is not yet married to a US national, while the spouse visa is for legally married couples (a US citizen plus a foreign citizen).
How much does a K3 visa cost?
Currently, the processing fee for the K3 visa is $265. The embassy or consulate where the foreign spouse resides will then schedule an interview with the applicant. It is usually scheduled 4-6 weeks after notification is given to the applicant.
Who files for the K3 visa?
The US citizen spouseThe application process for the K3 visa has these two steps: The US citizen spouse must file Form I-130 and then Form I-129F and have them approved by USCIS. The spouse from a foreign country must apply for a K3 visa at a US Embassy in the country of residence.
Which visa is faster fiancé or spouse?
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
Which is better K3 or CR1?
The K3 visa holder can only apply for a work permit after entering the US. On the other hand, a CR1 visa is an immigrant visa. CR1 visa applicants need to wait in their home countries for the application for US legal permanent residence to be processed.
How long does it take to bring spouse to USA 2022?
Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.
Can I stay in the US while waiting for I-130?
If your family member or employer has merely started the process off for you, by filing what's known as a petition (typically on USCIS Form I-130 or I-140), that's not enough. A pending or approved petition from a U.S. sponsor gives you no rights to come to or remain in the United States.
Can I bring my girlfriend to USA?
The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. You can learn more about fiancé(e) visas on usvisas.state.gov.
Is it worth it to apply for K3 visa?
However, for most applicants, the K-3 visa isn't worth it. In 2019, U.S. Citizenship and Immigration Services (USCIS) issued only five K-3 visas. Since the K-3 visa processing time usually takes six to nine months, it will take you just as long to get your K-3 visa as it would to get your marriage green card.
Is it easier to get a K1 or K3 visa?
K1 Fiance Visas are generally preferred (over the Marriage Visa and K3 Marriage Visa) as the visa of choice for engaged international couples as they are considered the easiest, quickest, and least expensive route.
Does K3 visa still exist?
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.
Is K1 or K3 visa faster?
K1 Fiance Visas are generally preferred (over the Marriage Visa and K3 Marriage Visa) as the visa of choice for engaged international couples as they are considered the easiest, quickest, and least expensive route.
How much does it cost to petition my wife?
$535$535. You may pay the fee with a money order, personal check, or cashier's check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
Does K3 visa still exist?
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.
What do I need to file a K3 visa?
To complete the K-3 visa application, you will need to file Form I-129F, Petition for Alien Fiancé, and Form DS-160, Online Nonimmigrant Visa Application. You will then attend your visa interview. After receiving approval, you can travel to the United States, and once there, apply for your green card.
What is the K-3 visa?
The K-3 nonimmigrant visa is for foreign spouses of U.S. citizens. This visa category helps spouses unite with their partners in the United States sooner because it allows foreign citizens to enter while waiting for their immigrant visa petition's approval. K-3 visa recipients can adjust their status to become permanent residents or green cardholders.
Do children of a K-3 visa holder also get status?
Yes, your unmarried children under 21 can receive K-4 visas based on your Form I-129F. However, you must include your children as dependents on your petition. You will also have to submit separate visa applications and K-4 visa fees for each child.
What are the Eligibility Criteria for the K3 Visa?
There are a few criteria for the spouse from a foreign country to qualify for the K3 visa. The K3 visa applicant must fulfill them, as follows:
What are the K3 visa fees?
The K3 visa fees that your US citizen spouse and you will incur are as follows:
How Long is the K3 Visa Processing Time?
On average USCIS takes 3-5 months to process and the US Embassy in your home country may take 2-3 months. Additionally, the US Embassies in different countries have different working times, which then might speed up or delay the processing of your K3 visa.
How to become a Lawful Permanent Resident after getting a K3 visa?
The next step after you have gotten your K3 visa is to become a Lawful Permanent Resident (LPR) of the US by getting a Marriage Green Card. To change your status from your immigrant visa to an LPR, you must first have an approved petition from USCIS and the visa, as well as live in the US.
How to get a K3 visa?
To fulfill the requirements for the K3 visa, the US citizen must first have filed the Form I-130 to USCIS for their spouse. If after getting the K3 visa, the spouse from a foreign country wants to change status to a CR-1 or IR-1 visa, they can use the same petition for them and there will be no need for a new one. When the form is filed, the US citizen spouse will get Form I-797, Notice of Action from USCIS, which they can use as proof that the Form I-130 is in processing.
What is DS 160?
Form DS-160, Non-immigrant Visa Electronic Application is an online form which you as the applicant must fill out and submit with the relevant information. You can access it by using your NVC case number. The questions will be related to your background and reasons for going to the US. After the form is complete, you must submit and get the confirmation page which you will need later.
How long is a K3 visa valid?
The K3 visa is valid for only 2 years. It can be renewed in 2 year increments, but will be revoked in case the US Department of State rejects Form I-130, the application for Lawful Permanent Residence, or if the couple gets divorced.
How long does it take for a USCIS case to be processed?
Processing times will vary depending on which USCIS service center is handling the case, but the average is about 6–9 months. During that time, a Request for Evidence (RFE) may be issued, should USCIS require any more information. Once the petition is approved, the U.S. citizen spouse will receive an approval notice.
What is an I-94 arrival/departure record?
I-94 arrival/departure record, if the applicant spouse has ever received one from U.S. Customs and Border Protection (CBP).
How long does it take to get a K-3 visa?
K-3 visa processing, on average, takes about 6–9 months. This is just about as long as it takes USCIS to approve the marriage green card application. Because of this lengthy processing time, most people find that it’s not worth it to apply for a K-3 visa. Unless the processing times change, the K-3 visa should probably be avoided, as it involves an unnecessary step and additional expense (including an extra $265 filing fee). USCIS only issued a total of five K-3 visas in 2019, illustrating how rare it is for couples to choose this option.
What form do I need to file for my spouse?
If all of the above requirements have been met, the U.S. citizen spouse must fill out Form I-129F and file it with USCIS. The name of this form can be confusing because it is technically called “Petition for Alien Fiancé (e),” even though it can also be used by spouses of U.S. citizens.
How long does it take to get a copy of an I-129F?
Typically within about 30 days from the time the Form I-129F is filed, the U.S. citizen spouse should receive a receipt notice.
What is a spouse's passport?
The U.S. citizen spouse’s passport, certificate of naturalization, or birth certificate, as proof of citizenship. The applicant spouse’s passport. Legal marriage certificate with certified English translation. Proof of termination of any prior marriages (divorce decree, annulment document, or death certificate).
What income do you need to be a spouse?
The U.S. citizen spouse must meet certain income requirements. The adjusted gross income on their most recent tax return must be at least 100% of the Federal Poverty Guidelines in order to qualify as the financial sponsor. If they are unable to meet this requirement, a joint sponsor must file an “affidavit of support.”
What happens if I-129F is approved?
If USCIS Approves Form I-129F First. If your Form I-129F petition is approved before your Form I-130, USCIS will send your petition to the Department of State. To receive a K-3 or K-4 visa, your spouse must submit a nonimmigrant visa application with the Department of State.
How long can a K-3 visa be extended?
USCIS grants extensions of stay for K-3 and K-4 visa holders in 2-year increments.
How to get a K-3 visa for spouse?
To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS: Form I-130, Petition for Alien Relative: Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, ...
How old do you have to be to get a stepparent visa?
In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married. If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa.
How long do I have to file an extension of stay for a K-3 visa?
If you have either a K-3 or K-4 visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. To be eligible for an extension of stay, you must show either:
How long can you stay in the US on a K-3 visa?
If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. You generally cannot change your status in the U.S. to another nonimmigrant visa category.
How long is a green card valid for?
This means that the Green Card you and your children receive will be valid for two years. In order to remove the conditions on residence, you (and your children) and your U.S. citizen spouse must file a Form I‑751, Petition to Remove Conditions of Residence in the 90 days before your Green Card expires.
What is a K-3 visa?
The K-3 Visa is a nonimmigrant visa that allows the foreign-citizen spouse of a U.S. citizen to visit the United States with temporary legal status while waiting to get permanent residence (better known as “green card”). This visa category was created to shorten the physical separation between the foreign spouse and the U.S. citizen so that the foreign spouse can have temporary legal status.
Who is eligible for the K-3 Visa?
The K-3 Visa for Spouse (Nonimmigrant Visa) was created for couples who were legally married outside the U.S, and as long as the foreign-citizen spouse meets these criteria:
How long does it take to get a K-3 visa?
While submitting the Form DS-160 and scheduling an interview, you could easily wait about 6 to 9 months.
How much does it cost to get a K-3 visa?
The processing fee for the K-3 Visa is USD265, which can be paid online or during the Interview. Keep in mind that this fee is based only on the processing fee. It does not include other prices like plane tickets, arranging documents, paying a lawyer (if necessary), etc.
Do you have to print confirmation page for DS-160?
Do not forget to print the confirmation page once you submit Form DS-160.
Do you have to take original documents to the visa interview?
Always take your original documents to the visa interview.
K3 Visa Eligibility
The K3 visa is designed for couples who were married outside the United States, and is available to foreign spouses who are a) legally married, b)who’s U.S. citizen spouse currently resides in the United States, and who also meets certain income requirements.
K3 Visa Processing
K3 visa processing is a three-phase process that takes, on average, about 6–9 months. Read about each phase below:
Phase One: Form I-130
The first phase begins when the U.S. citizen spouse files the Form I-130 (Immigrant Petition for Alien Relative) which services as a family-based immigration request to begin the K3 process. The Form I-130 costs $535 and requires specific eligibility requirements, mainly to provide evidence that proves the authenticity of the relationship.
Phase Two: Form I-129F
After the Form I-130 is processed, the U.S. citizen spouse will also have to file a Form I-129F (Petition for Alien Fiancé) to petition their foreign spouse’s right to become a permanent resident in the United States. Form I-129 costs $460 and requires several attached documents including the U.S.
Phase Three: Form DS-160 & Visa Interview
30 days after the USCIS approves the Form I-129F, the foreign national spouse will receive communication from their nearest U.S. embassy or consulate with regard to the day and time of their scheduled visa interview.
Work With A Professional Johnson & Masumi Immigration Lawyer
At Johnson & Masumi, we are proud to offer our clients comprehensive assistance with all of their visa application needs. Our experienced immigration lawyers will meet with you individually to discuss document requirement and filing guidelines, as well as answer all of your questions or concerns.
What is a K3 visa?
The K3 visa is intended for the spouse of a U.S. citizen who is legally married in a foreign country. It is available to those individuals who meet the following eligibility criteria. The applicant must be legally married to a U.S. citizen. The applicant must reside in a foreign country and hold a valid foreign passport.
How to Apply for a K3 Visa?
Want to file a K3 visa application for your foreign spouse, but not sure what the procedure is? Don’t worry, we have compiled a step-by-step guide on the K3 visa application process. All you need to do is follow the steps outlined below.
How to file an I-130?
Form I-130 refers to the Petition for Alien Relative. It has to be duly filled in and submitted to the USCIS Service Center along with the following set of documentation: 1 Evidence of U.S. citizenship (copy of U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship). 2 Biographic Data Sheet, Form G-325A, one each for the U.S. citizen and the foreign spouse. 3 Passport copy of the foreign spouse. 4 Foreign spouse birth certificate. 5 Marriage certificate and relevant documents confirming the relationship. 6 Colored passport size photograph of both the spouses. 7 Copy of any divorce decree, death certificate, or marriage annulment if either the U.S. citizen or the foreign spouse have been previously married.
What is a G-325A?
citizenship (copy of U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship). Biographic Data Sheet, Form G-325A, one each for the U.S. citizen and the foreign spouse. Passport copy of the foreign spouse. Foreign spouse birth certificate.
How much does it cost to get a K3 visa?
You can pay the visa processing fee online or decide to pay later during the interview. Currently, the processing fee for the K3 visa is $265. The embassy or consulate where the foreign spouse resides will then schedule an interview with the applicant.
Where is the I-130 pending?
Form I-130 must be currently pending with the USCIS and the applicant must have the receipt notice. Petition for Alien Fiancé, Form I-129F in approved status, has been forwarded to the U.S. consulate abroad where the spouse of the U.S. citizen wishes to apply for the K3 visa.
How long does it take to get a K3 visa?
Then there is the submission of Form DS-160 and scheduling the interview, which takes another couple of months. On average, the entire process usually takes around 6-9 months.
What are the disadvantages of a visa?
The disadvantage is that this visa can easily be fraudulently misused, so it may demand a strict interview and application process to prove the legitimacy of your relationship .
Is K1 visa similar to K3?
Because the K1 and K3 visa classifications are so similar, many people who are planning to get married have trouble deciding whether to marry overseas or wait until they reach the U.S. While your immigration lawyer will be able to better assess your situation, here are some advantages and disadvantages of each option.