How to Get a K-3 Visa After Entering the U.S.

The nonimmigrant K-3 visa allows the fiancé or spouse of an American citizen to come into the United States and wait for the completion of his immigration process. However, you can still apply for a K-3 visa if your spouse has already entered the country. You are eligible to file the petition if you and your spouse were married in the United States. The U.S. Citizenship and Immigration Services is the office responsible for immigration status concerns.

Difficulty: Moderate

Instructions

Things You'll Need:

• I-129F form
• I-130 form
• I-797 form
• Copy of your marriage certificate
• Divorce or death certificates for previous spouses, if applicable
• Passport photograph of you
• Passport photograph of your spouse
• Four copies of form G-325A

1. File a Petition for Alien Relative (Form I-130) for your spouse at the U.S. Citizenship and Immigration Services (USCIS) office that has jurisdiction over your residence (see Resources below). Include the filing fee as well as the following supporting documents: a copy of your marriage certificate, divorce or death certificates for previous spouses if applicable, one passport photograph of you and one of your spouse, one G-325A biography form for you and one for your spouse. Your marriage certificate must show that you and your spouse were married in the United States. Otherwise, you would have to apply for a K-3 visa in the country in which you were married.

2. Wait for the USCIS office to send you a Notice of Action (Form I-797). This is evidence that your application has been received.

3. File a Petition for Alien Fiancé(e) (Form I-129F) after you have received the Notice of Action from the USCIS. Include the applicable fees, a copy of the Notice of Action and the following documents: proof of your U.S. citizenship, such as your birth certificate or certificate of naturalization, one completed and signed form G-325A for you and one for your spouse, one passport photograph of you and one of your spouse, and documents showing a name change, if applicable.

4. Send the Petition for Alien Fiancé(e) to the USCIS office where the Form I-130 is pending. You should use the address given on the Notice of Action. If you receive a a more recent notice about your file from the USCIS office, use the address on that notice and include a copy of it with your petition.

5. Wait for the K3 visa. Once your Petition for Alien Fiancé(e) has been approved, the USCIS will send it to the National Visa Center. The National Visa Center will send the petition to the consulate or embassy in your spouse's country that will issue a visa for your spouse.

Tips & Warnings

• Prepare documents that you can use as proof of your marriage. You may be asked to show evidence such as marriage photographs, joint bank account statements and utility bills.

References

• U.S. Citizenship and Immigration Services
• U.S. Department of State

Resources

• Find the USCIS office with jurisdiction over your current residence

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