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Information for US K3 Spouse Visa Application

Over the last few years we have been helping U.S. citizens such as yourself getting their Thai spouse to the United States by means of a K-3 Visa. Our attorneys know every facet of the K-3 Visa application process.

What is a K-3 Visa?

The U.S. citizen marries the foreign fiance in the USA or in Thailand, the foreign fiance goes back to their country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

When the US citizen receives the notice of receipt from the service center for the I-130 petition, the US citizen files an I- 129F petition to the Chicago Center address for a K3 visa. Chicago Center sends this to the Missouri Center, and after Missouri Center approves the petition, it is forwarded to the foreign U.S. consulate.

The rest of the K3 spousal petition is similar to a K1 fiance visa process. The K3 spouse files for adjustment of status after entering the U.S., however has 2 years in which to do so. (The visa is a 2-year multiple re-entry visa)

The K3 visa is specifically intended for use by U.S. citizens who are sponsoring their foreign national spouse for immigration. It was created to address the long processing times for immigration visas at the USCIS. The K3 visa is therefore actually a “non-immigrant” visa, meaning that receipt of a K3 visa does not result in the spouse becoming a legal permanent resident immediately upon their arrival in the U.S. However, the K3 does allow the spouse to travel to the U.S. and live with their U.S. citizen husband or wife while they are waiting for their immigration application to sponsor their spouse to process through. They can also bring their unmarried children who are under 21 years old along using the related “K4” visa (however, please note that ordinarily it will be necessary for the U.S. citizen to file separate I-130 petitions for those minor children at some point in order for them to become legal permanent residents).

Requirements for a K3 Spouse Visa

  1. The petitioner must be a United States citizen. This means Legal Permanent Resident “Green Card” holders of the U.S. are not allowed to obtain a K3 Visa for their foreign spouses.
  2. Both the petitioner (U.S. citizen) and the beneficiary (foreign spouse) have been legally married according to the laws of the country in which the marriage took place. This means both parties must have been legally eligible to marry. They must have been old enough to marry. If either was previously married, he or she must have either been divorced or widowed, or else the marriage must have been legally annulled.
  3. The U.S. citizen petitioner must meet a minimum income requirement that is the poverty level set by Congress. If the petitioner cannot meet these requirements, the petitioner is allowed to use a co-sponsor who does meet them. The co-sponsor’s income must meet the requirement for a number of dependents that includes himself, the petitioner, each of their immediate family members, the foreign spouse and any children who will be receiving a K4 visa and coming to the U.S. In addition, any children for which either the co-sponsor or petitioner is paying child support or any former spouse to whom he is paying alimony also count as dependents.
  4. The foreign bride or husband must pass a medical exam at a clinic approved by the U.S. consulate that is processing the K3 spousal visa application. The foreign spouse must not have any type of communicable disease or serious mental illness.
  5. The foreign bride or husband must also not have a criminal record. Some arrests and/or convictions are exempt from this requirement. If this is a concern in your situation you should consult an immigration attorney experienced with K visas before proceeding further.

Start your K-3 Visa Application today!