K-3 Nonimmigrant Visa

Skilled K-3 Visa Attorneys

SimVisa is a trusted immigration law firm dedicated to providing exceptional legal services for individuals and families navigating the U.S. immigration system. Based in Chicago, our firm serves clients nationwide, helping them reunite with their loved ones overseas.

We understand the unique challenges that come with obtaining a K-3 visa. Our experienced immigration attorneys are well-versed in the intricacies of immigration law and know all the ins and outs of K-3 visa applications. We proudly offer clients an accelerated pathway to bring their loved ones to the United States.

What Is a K-3 Visa?

The K-3 visa is a nonimmigrant visa category designed to facilitate the reunion of married couples when one spouse is a U.S. citizen and the other is a foreign national. Its primary purpose is to allow the foreign spouse to enter the United States while awaiting the approval of their immigrant visa application. This can help couples avoid long separations.

Who Is Eligible for a K-3 Visa?

Eligibility for a K-3 visa is primarily based on the marital relationship between the U.S. citizen petitioner and the foreign national spouse. To qualify for a K-3 visa, the following conditions must be met.

Marriage

The petitioner must be a U.S. citizen, and there must be a valid and legally recognized marriage between them and the foreign spouse. This means common-law marriages and those considered valid under U.S. law may not qualify. The K-3 visa isn’t available to spouses of U.S. green card holders.

Immigrant Visa Petition

The U.S. citizen petitioner must have filed Form I-130, Petition for Alien Relative, and Form I-129F, Petition for Alien Fiancé, on behalf of the foreign spouse with U.S. Citizenship and Immigration Services (USCIS).

Intent to Live Together

The petitioner and their foreign spouse must have the genuine intention to live together as husband and wife in the United States once the immigrant visa is approved.

Admissibility

The foreign spouse must meet the standard requirements for admissibility into the United States. As such, they can display no factors that would make them inadmissible, such as a criminal history or certain disqualifying health conditions.

Purpose of Visa

The primary purpose of the K-3 visa is to allow the foreign spouse to enter the U.S. temporarily to await the processing of their immigrant visa. Therefore, the couple must intend to live together in the U.S. for the entire duration of this period.

It's important to note that eligibility requirements and procedures may change over time, and there may be additional requirements or considerations depending on your individual circumstances.

How Long Does It Take to Process a K-3 Visa Application?

The average processing time for a K-3 visa is around 19 months, nearly equivalent to the timeline for USCIS to approve a marriage green card. Given this prolonged processing period, many find the K-3 visa option less appealing due to the added complexity and expense, which includes fees for each document filed.

If you're uncertain about the best path for your situation, SimVisa can provide valuable guidance. Complete our simple five-minute questionnaire to get assistance exploring your visa alternatives. Start your journey today!

K-3 Visa Process

The process of obtaining a K-3 visa involves several steps, from filing the initial petitions to the eventual arrival of the foreign spouse in the United States. Here's a general overview.

1. File Form I-130

The process begins with the U.S. citizen petitioner filing Form I-130, Petition for Alien Relative, with USCIS. This form establishes the qualifying relationship between the U.S. citizen and the foreign spouse.

2. File Form I-129F

Simultaneously or shortly after filing Form I-130, the petitioner should file Form I-129F, Petition for Alien Fiancé, also with USCIS. This petition is used to request K-3 nonimmigrant status for the foreign spouse while the immigrant visa petition (Form I-130) is pending.

3. Await USCIS Processing

USCIS reviews and processes both Form I-130 and Form I-129F. If they approve the latter, the agency will forward the document to the National Visa Center (NVC).

4. Await NVC Processing

Once the NVC receives Form I-129F, they’ll assign a case number and forward it to the U.S. Embassy or Consulate in the foreign spouse's home country.

5. Await Embassy/Consulate Processing

Next, the U.S. Embassy or Consulate will contact the foreign spouse with instructions on how to proceed with the K-3 visa application. This may include completing Form DS-160, undergoing a medical examination, and attending an interview.

6. Attend a K-3 Visa Interview

The foreign spouse must submit to an interview at the U.S. Embassy or Consulate in their home country. During the interview, they’ll need to provide documentation demonstrating the bona fide nature of their marriage.

7. Receive the K-3 Visa

If their interview is successful, the foreign spouse will be issued a K-3 visa, allowing them to travel to the United States.

8. Reunite in the U.S.

Upon arrival in the U.S., the foreign spouse can live and work legally while awaiting the approval of their immigrant visa application.

9. File for Adjustment of Status (Form I-485)

Once within the United States, the foreign spouse can file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain lawful permanent resident status (green card).

Ready to Be Together? Contact SimVisa for Reliable K-3 Visa Help!

Your Journey to Reunite With Your Spouse Begins Now. Trust SimVisa to Provide a Seamless K-3 Visa Application Process.

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How SimVisa Can Help with K-3 Visas

We understand that immigration laws can be complex and potentially confusing. That's why we focus on offering authoritative insight and ensuring a smooth, successful journey for petitioners and their spouses.

Here's how we can assist you with your K-3 visa:

• Evaluating Your Case: We’ll assess your eligibility and present a clear summary of your options.
• Preparing Documents: Our legal professionals will meticulously prepare and review all required documents for accuracy and completeness.
• Gathering Evidence: We’ll advise you as you collect essential evidence to support your case and demonstrate the bona fide nature of your marriage.
• Completing Forms: Our team can help you fill out forms correctly and submit them in a timely manner.
• Handling Requests for Evidence: If necessary, we can help you respond to Requests for Evidence (RFE) to strengthen your case.
• Managing Appeals: In the event of a denial, we can review your case and file an appeal on your behalf.
• Offering Continued Support: We’ll keep you informed about your case's progress and provide support every step of the way.

Choosing SimVisa means getting it right the first time, which in turn means saving time, money, and the stress of potential setbacks. While results can never be guaranteed, our team boasts a 98% success rate with our immigration services. Let us help you navigate the K-3 visa process and pave the way for a prompt reunion.