Spouse of a U.S National Awaiting Approval of an I-130 Immigrant Petition (K3*) Visa for the U.S.

The K-3 nonimmigrant visa is eligible for the foreign citizen spouse of a citizen of the U.S. The K3 visa allows the foreign-citizen spouse to enter the U.S and live there while they are waiting for their immigrant visa petition to be approved. 

There are several types of spouse visas for the U.S. These are the following:

• K3 Visa – The U.S Citizen spouse who is waiting for the approval of their I-130 immigrant petition.
• Conditional Resident (CR-1) Visa – The primary purpose of this visa is to prevent marriages for getting permanent residence in the U.S. The condition of CR-1 is that you have just been married and will maintain conditional status for two years.
• Immediate Relative (IR-1) Visa –You will achieve permanent resident status without the conditions of the CR-1 visa if you have been wedded for two years.

There are some requirements for the foreign spouse of a U.S. citizen may be qualified for a K-3 visa:

• Must get married to a U.S citizen
• Must be the beneficiary of a Form I-130, Petition for Alien Relative that filled up by the U.S. citizen
• Must be waiting for the USCIS decision on the Form I-130 to enter the United States.

There are two steps to apply for the K3 visa:

• The overseas spouse of a U.S citizen should file Form I-130 and then Form I-129F, and it should be approved by USCIS

• The overseas spouse of a U.S citizen should apply for a K3 visa at a U.S. Embassy in their residence country

Filing the petition: At first, the U.S. citizen must file Form I-130 to USCIS on behalf of their spouse. The foreign spouse of a U.S national wants to change the status to a CR-1 or IR-1 visa after getting the K3 permit,  they can use the same petition for them, and there is no need for a new one. After the form is filed, The foreign spouse of a U.S citizen will get Form I-797, Notice of Action from USCIS, which they can use as evidence that the Form I-130 is in processing.

The foreign spouse of a U.S national should file Form I-130 and then Form I-129F, Petition for Alien Fiancé(e). The other supporting documents proving marriage and the Form I-797 to this form.  Any dependents of the foreign spouse of a U.S citizen such as children should include in the Form I-129F.  Further process of Form I-129F will be done by USCIS, and they will forward it to the National Visa Center (NVC) if it gets approval from them. A case number and invoice I.D. number for the applicant will be issued by the NVC, and a package will send to the K3 applicant. The information and instructions about the K3 visa application and the required documents will be provided by the package. The applicant can’t get a K3 visa. They must apply for a CR-1 visa if USCIS processes and approves both Form I-130 and Form I-129F and forward them to the NVC.  Because the K3 visa is eligible for those whose Form I-130 is still processing and has not been accepted yet.

Fill in Form DS-160: Form DS-160, Online Nonimmigrant Visa Application is the standard form for nonimmigrant visa claimants. The applicant can access it by using their NVC case number. It will have queries on their data, background, as well as the determination of visit to the U.S. When they confirm it, they will get an authorization page and code which they need for their document file.

Reimburse the application fee: The applicant must pay the visa application fee to be able to remain with the rest of the application stages. Also, the visa petition fee, other dues may apply dependent on the affiliation of your country, and the U.S termed visa issuance charges. The total amount is dissimilar from nation to nation. After they have paid the dues, they must save the money receipts and affix it to the documents file.

Complete medical examination and vaccination: The applicant who wants to immigrate to the U.S. should get the necessary medical check-ups and vaccines. The NVC package will provide the information about essential medical check-ups and vaccines the applicant needs to understand. The documents and the check-ups should be completed by a licensed doctor. These documents must attach to the supporting file which will forward to the NVC by the applicant.

Make ready your document file: The applicant must attach these following documents besides the application form:

• A Valid passport 
• DS-160 visa application confirmation page 
• Valid Documents of medical examination and vaccination
• According to the U.S visa requirements two photographs per individual
• The applicant birth certificate and marriage certificate documents
• Valid Documents of police certificate or court and criminal records
• Proof of financial support for the initial period in the U.S. (The foreign spouse of a U.S citizen must provide the U.S citizen with the Form I-134, Affidavit of Support)
• Payment receipts of fees

Appear the interview: The NVC will schedule the interview at the U.S. Embassy where the applicant has applied by checking that all the necessary documents have submitted. The applicant must be present on the schedule and take their documents. The assessor will ask queries about their background and aim for going to the U.S.