K3 Visas
The nonimmigrant K-3 visa (spouse) and K-4 visa (child) has been created to reunite families that have been, or could be, subject to a long separation while their immigrant visa petitions are being processed. The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition.
Spouses of U.S. citizens and their children under the age of 21 for whom an immigrant visa petition has been filed, but not approved by the Department of Homeland Security / U.S. Citizenship and Immigration Services (USCIS), are eligible for this visa category.
First: To qualify for the K-3 or K-4 visa, the applicant must be a beneficiary of an I-130 petition. A separate I-130 petition must be filed on behalf of each child in order for the child to later adjust status to that of a Lawful Permanent Resident (LPR).
In order to activate the processing of the K-3 or K-4 visa, the U.S. citizen must file an I-129F petition with the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS).
Second: The approved petition is forwarded to the National Visa Center (NVC)which will conduct certain preprocessing procedures. NVC will then forward the file to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the Embassy or Consulate in the beneficiary's place of residence abroad will process the application..
Third: Once receiving the approved form I-129F from NVC, the Immigrant Visa Unit at this Embassy will notified an applicant and set an appointment date.
Fourth: On the day of the visa interview the applicant will present all of the relevant documents required in support of the application. It is required to furnish the original of all documents and one copy. If the consular officer finds the applicant eligible for a visa, the visa will be issued within two days after the interview.
Fifth: If found admissible, the applicant will be admitted into the United States for a two year period. Holders of K-4 visas will be admitted for two years or until the day before their twenty-first birthday, which ever is shorter.
Working in the U.S. on K-3/K-4 Status: The USCIS may grant permission for the K-3 or K-4 visa holder to take up employment in the U.S. To obtain employment authorization the applicant will need to file form I 765with the USCIS office which covers his/her place of residence in the U.S after the arrival there. Questions concerning employment should be directed to USCIS.
Information for Spouses ( K3 ) of US Citizens
For the interview, please prepare all the following documents for each petitioned applicant:
- Valid passport
- 2x DS-156
- Certified copy of a birth certificate
- Certified copy of a marriage certificate
- Certified copy of a divorce certificate, or death certificate
- Originals of all documents
- 2 photos, (see info)
- Medical exam, not older than 6 months, (see info)
- Police report, not older than 6 months, for all applicants older than 16 years of age, from all countries where they lived for more than 12 months
- Court and prison recors
- Deportation papers
- Military service information
- The fee of $350 for each applicant, or in EUR
- Affidavit of Support form I-134, not older than 6 months
- Insured envelope (see info)
Pay the visa application fee in Euro. Note that the fee is non-refundable – if you pay and decide not to be interviewed for any reason, your money cannot be returned.
Following are the options to pay the visa application fee:
- Internet banking
- Payment order at any bank where you have an account
- Cash at the post office using the regular “U” type money order - Sample
All documents not in English, or in official language of the country in which application for a visa is being made, must be accompanied by certified English translations. Translations must be certified by a competent translator.
Only one copy of each document, exept for photographs must be submitted with the visa application. You are advised, however, to obtain the necessary documents in duplicate, as this will enable you to provide identical copies in the event the first set is lost or damaged.