K-3 Spouse Visa: Expedited Path for Spouses of U.S. Citizen

The K-3 spouse visa is a marriage-based visa designed for foreign nationals married to U.S. citizens who prefer to avoid the extended wait associated with traditional immigrant visa processing. This visa allows the foreign national spouse to enter the United States temporarily while pursuing permanent residency. Similarly, the K-4 visa is available for the children of K-3 visa holders, provided they are under 21 years old and the immigrant parent married the U.S. citizen before the child’s 18th birthday. Both K-3 and K-4 visas are dual intent, meaning the holders can enter the U.S. temporarily while intending to apply for permanent residency. If you’re looking for assistance with the K-3 spouse visa process, our expert attorneys in San Jose, Pleasanton, and beyond the Bay Area can provide valuable guidance.

Key Requirements for K-3 and K-4 Visas

To obtain a K-3 visa, the U.S. citizen spouse must first file an immigrant visa petition (Form I-130) with USCIS for their foreign national spouse. If the foreign national spouse has children accompanying them, separate K-4 visa petitions must be filed for each child unless the children are entering the U.S. at the same time as the K-3 visa holder.

After receiving the receipt notice for the immigrant visa petition, the U.S. citizen spouse can file a non-immigrant K-3 visa petition (Form I-129F) with USCIS, which helps expedite the entry of the foreign spouse and children into the U.S.

K-3 and K-4 Visa Application Process

Under the Legal Immigration and Family Equity (LIFE) Act, K-3 visa applications must be filed in the country where the marriage to the U.S. citizen took place. If the marriage occurred in the United States, the application must be filed in the foreign spouse’s country of residence. Once the K-3 visa is granted, the spouse and children may enter the U.S. and complete their processing for permanent residency.

Eligibility for a Green Card Through the K-3 and K-4 Visa

You may be eligible to apply for a green card based on your K-3 or K-4 visa status if the following conditions are met:

• You are the beneficiary of an immigrant visa petition filed by a U.S. citizen.
• You have been admitted to the U.S. on a K-3 visa or K-4 visa.
• You are eligible to adjust status as the spouse or child of a U.S. citizen.
• An immigrant visa is immediately available to you.
• You are admissible to the United States.

Strategic Considerations for Filing a K-3 Visa

U.S. citizens often file a K-3 visa petition to expedite their foreign spouse’s entry into the U.S. while waiting for their immigrant visa petition to be processed. However, given current processing times, it is common for the immigrant visa to be approved and forwarded to the National Visa Center (NVC) for consular processing before the K-3 visa is issued. Therefore, it is essential to consult an immigration attorney to assess whether filing for the K-3 visa and K-4 visa is the most effective strategy for you and your family.

At The Ahluwalia Firm, we have extensive experience handling K-3 and K-4 visa cases in San Jose, Pleasanton, and beyond the Bay Area, helping families navigate the complex immigration process with personalized legal guidance.

Conclusion

If you’re looking to bring your spouse and children to the U.S. faster, the K-3 spouse visa may offer a solution to avoid long wait times associated with traditional consular processing. Consulting with an experienced K-3 visa attorney in San Jose, Pleasanton, and beyond the Bay Area can provide you with the best course of action to ensure a successful outcome. Contact The Ahluwalia Firm today to determine if the K-3 visa is right for you and your loved ones.