How to apply for a K-3 Visa and complete filing procedure for a US Citizen.

Applying for a K-3 visa is a pathway for a foreign spouse of a U.S. citizen to enter the United States while awaiting approval of the immigrant visa petition. The K-3 visa process involves several steps and requires careful attention to detail. Here is a detailed guide on how to apply for a K-3 visa, including the complete filing procedure:

1. Confirm Eligibility

First, ensure that the U.S. citizen and the foreign spouse meet the eligibility criteria:

• The petitioner must be a U.S. citizen.
• The beneficiary (foreign spouse) must be married to the U.S. citizen petitioner.
• An immigrant visa petition (Form I-130, Petition for Alien Relative) must have been filed on behalf of the foreign spouse.

2. File the Petition

The U.S. citizen must file two petitions:

• Form I-130, Petition for Alien Relative: This form establishes the marital relationship and is filed with U.S. Citizenship and Immigration Services (USCIS). Once filed, USCIS provides a receipt number.
• Form I-129F, Petition for Alien Fiancé(e): Although typically used for fiancé(e)s, in the context of a K-3 visa, this form is used to petition for the foreign spouse to enter the U.S. temporarily. The U.S. citizen files this form after receiving the receipt number for the Form I-130. The purpose is to request a K-3 visa for the spouse and K-4 visas for any unmarried children under 21.

3. USCIS Processing

After USCIS receives Form I-129F, they will process the petition. If approved, USCIS sends it to the National Visa Center (NVC).

4. National Visa Center (NVC) Processing

The NVC notifies the U.S. citizen petitioner and the foreign spouse when it sends the petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage occurred in the U.S., the NVC sends the petition to the embassy or consulate that processes visas for the foreign spouse's country of nationality.

5. Apply for the K-3 Visa

The foreign spouse must:

• Complete the Online Nonimmigrant Visa Application, Form DS-160.
• Pay the visa application fee.
• Prepare for and attend a medical examination by an approved physician.
• Gather required documents, such as a valid passport, marriage certificate, police certificates, and photos that meet U.S. visa requirements. Additionally, evidence of the relationship and proof of the U.S. citizen's financial ability to support the spouse are necessary.

6. Attend the Visa Interview

The foreign spouse will be scheduled for a visa interview at the U.S. Embassy or Consulate. During the interview, a consular officer evaluates the application, documents, and the relationship's authenticity.

7. Visa Issuance

If the K-3 visa is approved, the foreign spouse receives a visa in their passport and can travel to the United States. The K-3 visa typically allows for multiple entries over a two-year period. The foreign spouse must enter the U.S. while the visa is valid.

8. Status Adjustment in the U.S.

After entering the U.S. on a K-3 visa, the foreign spouse must apply to adjust status to a permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This step is necessary because the K-3 is a nonimmigrant visa that does not directly lead to permanent residency.

9. Follow-Up and Green Card

The couple may need to attend an interview as part of the adjustment of status process. Once approved, the foreign spouse receives a green card, granting them permanent residency in the U.S.

Tips for a Smooth Process

• Keep copies of all forms, documents, and correspondence related to your application.
• Ensure all information provided is accurate and complete to avoid delays.
• Be prepared for the visa interview with thorough knowledge of your application and relationship.

The K-3 visa process offers a valuable option for couples separated by geography to reunite in the United States while awaiting the completion of the immigrant visa process. By following these steps and preparing diligently, applicants can navigate the process toward achieving their goal of living together in the U.S.