The K3 visa for the United States is for foreign wives/husbands of U.S. citizens. This visa is not an immigrant visa and allows wives/husbands of U.S. citizens to be reunited with their spouses and to obtain immigration status at a later date in the United States. The K3 visa has greatly simplified the process for foreign spouses of US citizens to obtain US citizenship.
There are several features that must be taken into consideration when applying for a K3 visa to the United States. The most important rule is that a K3 visa for the US is issued only in the country where the marriage took place.
The period of validity of a K3 visa in the United States is two years. During this time the wife/husband must have time to obtain immigration status. The visa entitles you to enter and leave the U.S. multiple times.
Only the husband/wife of a U.S. citizen and the children of the husband/wife are eligible to apply for a new K3 or K4 non-immigrant visa. Other relatives of U.S. citizens and permanent residents are not eligible.
The basis for applying for a K3 visa in the United States is the American husband’s petition for family reunification on Form I-130, which requires the wife to obtain an immigrant visa. The U.S. husband must then file a Form I-129F petition for the wife to obtain a K3 visa to the United States. In practice, all of this looks rather problematic, so the best option is considered to be a fiancée visa, followed by a marriage in the United States.
Requirements for K3 visa:
- The person must be married to a U.S. citizen who has filed an I-130 immigrant visa petition for that person.
- The U.S. citizen husband or wife should file an I-129F nonimmigrant ‘K3’ visa petition. The I-129F petition can only be filed with the Bureau of Immigration and Citizenship in the United States.
- The person intends to enter the United States to await completion of the immigrant visa/status process. When a valid I-129F petition is approved, the Bureau of Immigration and Nationality will notify the Consular Section of the U.S. Embassy Abroad listed on the petition. If the marriage was consummated abroad, the Bureau of Immigration and Nationality will notify the Consular Section of the U.S. Embassy of the country where the marriage was consummated.