Fiancee Visa

What is a K3 visa?

It is a visa to enter the United States that is issued to a foreign national spouse who is married to a United States Citizen (USC).

Can a foreign national spouse’s child enter the U.S.?

Yes.  Provided that the child is under 21 years old and unmarried, he/she would be eligible to apply for a K4 visa.  Before a K4 visa can be issued, the child’s parent must already have a K3 visa. 

What is immigration’s definition of a “spouse?”

A spouse is a husband/wife who is legally wedded.  Those living together are not considered spouses; however, common law spouses may be considered spouses by immigration standards depending on the laws of the country in which the common law marriage occurs.  Those seeking to apply for immigration benefits because of a spousal relationship must show proof that any prior marriages have been terminated either through death, divorce or annulment.

What are the steps to file for a K3 visa?

The USC spouse/Petitioner must file an I-130 (Petition for Alien Relative) with the United States Citizenship & Immigration Services (USCIS).  Once it is filed and received by USCIS, the Petitioner will receive a Notice of Action or I-797, acknowledging that the Petition was received.  The Petitioner must then file I-129F for the spouse and child along with a copy of the Notice of Action and supporting documentation with USCIS.  USCIS will forward the Petition to the National Visa Center (NVC) who will conduct additional processing.  Once processing is complete by the NVC, the Petition will be sent to the consulate/embassy where the marriage of the parties’ took place.  If the marriage took place in the U.S., the Petition will be sent to the consulate/embassy normally responsible for issuing visas.  If the country does not have an embassy or the embassy does not issue visas, then the Petition is forwarded to another embassy in a country that will issue a visa for the applicant of that country. 

What are the requirements of the embassy/consulate?

General information about the requirements can be obtained online by doing a search for the local Consulate/Embassy where the interview will be held.  The Embassy/Consulate will also provide instructions on any additional information necessary for processing.  Generally, the following are required in order to consular process:

• 2 copies of DS-156, Nonimmigrant Visa Application
• olice certificates from residences from the age of 16
• Birth Certificate
• Marriage Certificate for spouse
• Death and Divorce Certificates from any previous spouses
• Medical examination (except vaccinations)
• A passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant's intended period of stay in the U.S.
• Two photos two inches/50 X 50 mm square, showing full face, against a light background
• Proof of financial support (Form I-134 Affidavit of Support may be requested)
• Payment of fees

The consular officer will determine the bonafides of the relationship.  Therefore, it is wise to bring proof that the marriage is genuine.  Such proof includes but is not limited to civil documents, photographs, correspondences between the parties, Affidavits from third parties, etc. 

How long is an approved I-129F petition valid?

It is valid for 4 months, but can be extended if the approval expires before completion of the visa processing.

Will the K3 visa holder be able to work in the U.S.?

The visa holder will be allowed to work by filing an Application for Employment Authorization also known as Form I-765.

How long will the K3 visa processing take?

There is no definite timeline for how long processing will take.  The length of time depends on a case by case basis and every consular office differs on how long it processes cases.  Common reasons for delays in processing include the applicant’s failure to follow instructions or to submit all the required information.  Delays can also occur because administrative processing may need to be conducted even after an interview.

What are the requirements for a K4 visa?

The applicant must be the minor, unmarried child under 21 years of age of a qualified
K-3 visa applicant.  A separate I-129F petition will not have to be filed.  The child need only be listed on the foreign spouse’s I-129F petition.  A separate I-130 petition for the child seeking K4 status also does not have to be filed since the child would acquire derivative status through his/her alien parent.

Can K3 and K4 visa holders travel outside of the U.S.?

Those present in the U.S. under a K3 or K4 visa may travel in and out of the U.S.  If an adjustment application has been filed prior to the departure, the departure will not (should not) be considered an abandonment of the application.