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U Nonimmigrant StatusThe K-3 visa (U Nonimmigrant Status) is designed to expedite the entry of the U.S. citizen’s spouse (K3 Visa) and hers/his unmarried dependents under the age of 21 (K4 Visa) by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.

Who is Eligible:

A K-3 applicant who is the beneficiary of an approved or pending I-130 immediate relative petition filed by the U.S. citizen spouse. The applicant will then apply for Adjustment to Permanent Residence.  A foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.

Eligible children of K-3 visa applicants receive K-4 visas.  K-3/K-4 visas allow their recipients to stay in the U.S. while immigrant visa petitions are pending approval by USCIS.  A K-3/K-4 is a multiple entry visa, therefore allowing the visa holder to travel in and out of the U.S.  Additionally, the K-3 visa holder is permitted to work in the U.S. and may apply for and obtain Employment Authorization.

How to Apply:

The U.S. citizen spouse must first submit Form I-130 with DHS and USCIS.  Once the I-130 receipt notice is received from USCIS, the U.S. citizen spouse can file Form I-129F, Petition for Alien Fiancé, for spouse and stepchildren.  Additionally, the application must include:

  1. Form I-864, Affidavit of Support Under Section 213A of the Act
  1. Form I-485, Application to Register Permanent Residence or Adjust Status
  1. Form I-765, Application for Employment Authorization
  1. Form G-325A, Biographical Information
  1. DS-156 Nonimmigrant Visa Application
  1. DS-156-K Nonimmigrant Fiance(e) Visa Application
  1. DS-157 Supplemental Nonimmigrant Visa Application

The Petitions will be sent to the National Visa Center for processing and the petition will be sent to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouses’ country of nationality unless there is no U.S. Embassy, or the Embassy or Consulate does not issue visas. In that case, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country.  The denial of a visa at a U.S. Consular post is generally a non-reviewable and non-appealable decision.