K-3 visas are issued to the husband or wife of a U.S. citizen. U.S. citizens are allowed to bring their immediate relatives, that is their husband or wife and minor children, to the U.S. as non-immigrants. They can remain in the country while they await the adjudication of their Form I-130, Petition for Alien Relative.
K-3 visas are for the husband or wife of a U.S. citizen and K-4 nonimmigrant visas are for their minor children. Those coming here on these visas can work here legally by getting employment authorization documents.
An individual can get a K-3 visa, if:
- he or she is the husband or wife of a U.S. citizen
- his or her application for an immigrant visa filed by their U.S. citizen husband or wife is pending.
Likewise, a child can get a K-4 visa if he or she is the minor child of the K-3 visa beneficiary.
To get your husband or wife a K-3 visa, you must be a U.S. citizen. You will have to file Form I-130 and Form I-129F, Petition for Alien Fiancé(e) for the beneficiary.
You must first file Form I-130 with the Chicago Lockbox facility. If you are filing for both, your husband or wife and your minor child, you will have to file separate immigrant petitions for both. Once you file the immigrant petition and after the U.S. Citizenship and Immigration Service (USCIS) receives it, the agency will send you a Form I-797, Notice of Action.
You can then file Form I-129F for your husband or wife with the Dallas Lockbox. Along with this form, you will have submit a copy of Form I-797. You do not have to pay a fee while filing this form as you are filing it for your non-U.S. citizen husband or wife who is the beneficiary of an immigrant petition. If you want to get your minor child also to the U.S. along with the K-3 visa beneficiary, you will have to list the child on the I-129F that you are filing on behalf of your husband or wife.
USCIS will process your I-129F petition and then forward it to the U.S. Department of State (DOS) for consular processing. Followed by that, the K-3 and K-4 visa beneficiaries will need to apply for K-3 and K-4 visas.
Once your husband or wife and child come to the U.S. on K-3 and K-4 visas, they can apply for adjustment of status on Form I-485, Application to Register Permanent Residence or Adjust Status and adjust their status to that of a permanent resident.
Disclaimer: The information provided here is not legal advice.