K-3 Visa |
(Spouse of U.S. Citizen)
1. What is a K-3 Visa?
Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
2. What are the procedures of obtaining a K-3 visa?
(1)
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You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797). This notice tells you that the USCIS has received the petition.
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| (2) |
You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address. |
| (3) |
After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition electronically to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality. |
3. Do children of K-3 visa holder have derivative status?
A separate I-129F is not required for K-4 applicants. However, the petitioner must name all the children on I-129F petition. |
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