- The K-3 visa is a non-immigrant visa which allows the spouse of a U.S. permanent resident or citizen to come into the U.S. and stay while he or she completes the immigration process (the K-4 visa may also be applied for to bring any dependents of said spouse into the U.S. at the same time). Since the K-3 visa is a non-immigrant visa, the spouse may only enter the U.S. once while holding the visa. Once in the U.S., the spouse must then apply for permanent residency status. Until this is approved, the spouse is not permitted to work in the U.S.---however, he is permitted to wait within the U.S. until his application for permanent residency is either approved or denied. The advantage of the K-3 visa over a spousal immigration visa is that the application process takes significantly less time (approximately six months to a year, whereas the process for a spouse's immigration visa can take over a year).
- First you, the American citizen or permanent resident who wishes to bring your spouse into the country, must file an immigrant Petition for Alien Relative form (I-130) on behalf of your spouse. The U.S. Center of Immigration Services will send you a form to notify you that they have received your petition. Then you must next file the Petition for Alien Fiancé form (I-129F) for your spouse---make sure to check the boxes indicating that you are using this form to apply for a K-3 visa for your spouse, not a K-1 visa for a fiancé.
- Your spouse must apply for the K-3 visa at the U.S. embassy or consulate in the country where you were married. In order to apply, your spouse will need to present: two copies of the Non-immigrant Visa Application form (DS-156), one copy of the Non-immigrant Fiancé Visa Application form (DS-156K), criminal records or police certificates from all the places your spouse has lived in since age 16, a birth certificate, your marriage certificate, proof that your spouse terminated any prior marriages (death or divorce certificates), a medical examination, a valid passport, two non-immigrant visa-style photos, proof of financial support while your spouse is in the U.S., and payment for all fees. The payment for all form processing should come to approximately $1,496, though this may vary from case-to-case. Your spouse may also need to pay a fee for the medical examination and fingerprinting, if a fee is required at that consulate office.
- Your spouse may be ineligible to apply for a visa to come to the U.S. An example of conditions that would make your spouse ineligible are as follows: if your spouse has ever been convicted of drug trafficking, if your spouse has HIV or AIDS, if your spouse overstayed a previous visa in the U.S., if you or your spouse practice polygamy, if your spouse has been found to advocate the overthrow of governments, or if either you or your spouse submit fraudulent documents to the immigration services. Your consular officer should inform your spouse, the visa applicant, if he is ineligible for a visa when he or she applies. He will also let your spouse know if it is possible to obtain a waiver of ineligibility, and what the process for doing so is.
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