Spouses of United States citizens can come to the US on nonimmigrant K-3 visas and wait in the US to complete the immigration process.

Meaning of Spouse

A spouse is a legally wedded husband or wife. Cohabiting partners don't qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration.

Prior Marriage

If you were married before, you and your spouse must show that you ended all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final.

Two Petitions Required

The first petition that the US citizen must file is the immigrant Petition for Alien Relative, form I-130 for his spouse. This petition is filed with the US Citizenship and Immigration Services (USCIS) Office that serves the area where the citizen lives. The USCIS will send the citizen a Notice of Action (Form I-797) receipt notice. This notice tells the citizen that the USCIS has received the petition.

The second petition that the US citizen must file is the Petition for Alien Fiancé(e), form I-129F for his spouse and children. This petition, supporting documents and a copy of the Form I-797 receipt notice must be sent to USCIS.

National Visa Center

After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition to the embassy or consulate in the country where the marriage took place. If the marriage took place in the US, the NVC sends the petition to the embassy or consulate that issues visas in the country of the spouse's nationality.

If the marriage took place in a country that does not have an American embassy, or the embassy doesn't issue visas, the NVC sends the petition to the embassy or consulate that normally processes visas for citizens of that country.

Applying for a Visa

The embassy or consulate where the spouse of an American citizen applies for a K-3 visa must be in the country where the marriage took place. The embassy or consulate will let the applicant know any additional things to do, such as where to go for the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. The following items are required:

  • Two copies of form DS-156, Nonimmigrant Visa Application
  • One DS-156K, Nonimmigrant Fiancé(e) Visa Application form
  • Police certificates from all places lived in since the age of 16
  • Birth certificates
  • Marriage certificate for spouse
  • Death and divorce certificates from any previous spouses
  • Medical examination (except vaccinations)
  • A passport valid for travel to the US and with a validity date at least six months beyond the applicant's intended period of stay in the US
  • Two visa 2" x 2" photos
  • Proof of financial support
  • Payment of fees

Also, it is a good idea to bring marriage photographs and other proof that the marriage is genuine.

Questions for Your Attorney

  • How much are K-3 visa fees?
  • Does a K-3 visa expire?
  • Can a K-3 visa holder work in the United States? Are there any restrictions?

Related Resources on Lawyers.comsm
- K-3 Foreign Spouse Visa
- Family-Based Visa FAQ
- Find an Immigration lawyer in your area
- Visit the Immigration - U.S. Issues Message Board for more help