Marrying a US citizen does not automatically confer American immigration rights on you as their spouse.

If you are the foreign spouse of a US citizen, you will need to know what visa options are available to you if you want to stay with your partner and live with them in the USA.

The following guide looks at the criteria for a K-3 visa, as well as what other options are available for spouses who are looking to move to the US.

Increasingly, couples are also asking if the K-3 visa is still used in practice or if it has been overtaken by direct marriage Green Card routes, so the guide also looks at whether a K-3 filing makes sense in today’s processing environment.

Section A: What is the K-3 visa?

The K3 visa is a non-immigrant visa for the spouse of a US citizen. Although this will only permit you a time-limited stay in the United States, it does mean you can remain in the US, in valid nonimmigrant status, while your immigrant petition is pending with US Citizenship and Immigration Services (USCIS). Once your immigrant petition is approved, you may then apply to become a lawful permanent resident through either adjustment of status in the US or consular processing, and after that you will be allowed to live and work in the US on a permanent basis.

The K3 visa category, in theory, is intended to shorten the physical separation between you and your US spouse, by allowing you to obtain a non-immigrant K3 visa overseas and enter the United States to await approval of your immigrant visa petition.

Having entered the United States, and obtained the necessary petition approval, you will then be required to apply to adjust your status to that of a lawful permanent resident, assuming you are eligible to do so.

As a K-3 holder, you can usually apply for work authorization after arrival in the United States by filing Form I-765, and you can travel in and out of the US while your K-3 visa and status remain valid, subject to the usual admission checks at the border. Your K-3 status is, however, temporary and ends once you become a permanent resident.

1. K-3 visa versus IR1/CR1 marriage Green Cards

For most couples, the real decision is whether to aim for a K-3 at all or to focus on a direct IR1 or CR1 marriage Green Card. The main attraction of the K-3 category is the idea of entering the United States sooner and waiting together while the Green Card is processed. In practice, K-3 filings rarely deliver a clear time saving, and many cases convert into standard immigrant visa processing once the I-130 is approved.

The IR1 and CR1 routes usually provide a more straightforward path. You complete the I-130 and immigrant visa process from outside the United States, attend the consular interview and, if approved, enter the US as a permanent resident from day one. You avoid a separate adjustment of status stage and the need to maintain temporary K-3 status in the meantime. You also reduce the risk of duplicate effort and fees on a nonimmigrant category that never results in a visa being issued.

K-3 can still be considered in limited situations where there are specific delays or case features and the couple is prepared to accept the extra work with no guarantee of a separate outcome. For many spouses, however, a well prepared IR1 or CR1 case is the more predictable and efficient strategy.

2. Is K3 Visa worth applying for?

On paper, the K-3 visa still exists, but in practice it is now issued very rarely. In many cases, the I-130 petition is approved before USCIS finishes with the I-129F, or both approvals reach the NVC together and the K-3 case is closed in favor of an immigrant visa case. Couples who file for K-3 often see no speed advantage over a direct IR1/CR1 route and sometimes experience extra work and cost without any separate K-3 visa ever being issued.

K-3 may still be considered in situations where I-130 processing appears unusually slow and the couple is looking for any possible route to reduce separation, or where a lawyer assesses that a parallel I-129F filing could be worth the effort as a fallback. Even then, expectations need to be managed, as most K-3 filings result in the case proceeding as a standard marriage Green Card case.

For most spouses, the more realistic planning question is which immigrant route to pursue and whether consular processing abroad or adjustment of status in the US will be smoother, rather than whether a K-3 will provide a meaningful shortcut.

3. Can my children apply for a K-3 visa?

The children of K-3 visa applicants can accompany their foreign citizen parent to the United States under the K-4 visa, provided they are unmarried, under 21 and otherwise qualify as the child or step-child of the K-3 applicant.

As with the K3 visa, this will permit the minor to remain in the US whilst waiting for an outcome on their immigrant visa, although separate immigrant petitions will need to be filed for each child before they can become permanent residents.

A K-4 child does not acquire a Green Card automatically through the parent’s K-3 status. The US citizen sponsor will need to file a Form I-130 for each qualifying child, and the step-relationship generally needs to have been created before the child turned 18 for them to qualify as a step-child for immigration purposes.

Section B: K3 Visa Eligibility Requirements

You will be eligible to apply for a K3 visa if you are the foreign spouse of a US citizen and you are residing outside the United States. A spouse is a legally wedded husband or wife, including same-sex spouses of US citizens.

To be eligible for a K3 visa, you will need to satisfy the following eligibility criteria:

• Be legally married to a US citizen
• Meet the requirements set in the International Marriage Broker Regulation Act of 2005
• Be the beneficiary of a pending Form I-130, Petition for Alien Relative
• Be seeking to enter the US to await USCIS’s decision on the Form I-130.

You will also need to pass other general entry requirements. Certain criminal convictions, previous periods of overstaying a visa or submitting fraudulent documents can make you inadmissible to the United States, unless you are able to secure a suitable criminal waiver or other waiver of inadmissibility.

K-3 is therefore only an option where you can show both a qualifying marriage to a US citizen and a clean enough record, or an available waiver route, so that a consular officer can issue the visa and admit you as a temporary nonimmigrant while the immigrant case continues.

Section C: How to Apply for a K3 Visa

The K3 visa allows you to come to the United States and wait for approval of your immigrant visa application. As such, to enable you to submit your application for a K3 visa, your US spouse must first have an immigrant visa petition filed on your behalf, albeit pending approval.

The petition will need to be filed using Form I-130, Petition for Alien Relative. This is used to establish a qualifying relationship for the purposes of a family-based permanent resident application. Upon USCIS issuance of the receipt notice for the I-130, your spouse will then need to file Form I-129F, Petition for Alien Fiancée, at the appropriate USCIS filing address.

Despite the description attached to Form I-129F, in addition to being used for a foreign citizen to come to the United States to marry their US fiancé(e), it can also be used for a foreign spouse to come to the US to apply for lawful permanent resident status.

Once these petitions have been approved, they will be sent to the National Visa Center (NVC) for processing. In the event that the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition and send this to the US Embassy or Consulate in the country where the marriage took place.

Under US immigration law you must apply for the K3 visa in the country where you got married. In the event, however, that you got married in the United States, the NVC will send the petition to the US Embassy or Consulate that issues visas in your country of nationality. Where there is no US Embassy or Consulate in the country of marriage, the case may be transferred to a regional post designated to handle immigrant and K visa processing for that country.

Each K-3 and K-4 applicant will then complete a separate Form DS-160, Online Nonimmigrant Visa Application, pay the K visa fee and schedule a medical examination with an approved panel physician.

You will be required to undergo a medical examination and attend an interview as part of the application process. You will need to attend your interview with documentation in support of your application, including evidence of your relationship with your US spouse, and possibly even some proof that your marriage is genuine. You can also expect to provide civil documents such as birth and marriage certificates, police certificates where required and evidence that your US spouse can support you financially.

Only once your visa has been issued can you travel to the United States to wait for the processing of your immigrant visa. To apply for permanent resident status you will need to file Form I-485, Application to Adjust Status, with USCIS once your immigrant petition has been approved and you otherwise qualify to adjust status.

In practice, an important feature of the K-3 process is that if the approved I-130 reaches the NVC before or at the same time as the approved I-129F, the K-3 case will usually be closed and the case will convert to immigrant visa processing only. This is one of the key reasons why K-3 visas are now issued very rarely.

2. K-3 visa costs

The K-3 route involves several different government fees across the petition, visa and Green Card stages. Some costs are specific to the K-3 application, while others, such as the I-130 and adjustment of status fees, also apply to a direct IR1 or CR1 marriage Green Card case. Couples should plan for fees for each applicant, including any K-4 children, and keep in mind that consular and medical costs can vary by country.

Government fees change periodically, and USCIS expects applicants to use the current fee schedule or fee calculator at the time of filing. In addition to the official fees, couples should factor in costs such as document translations, courier charges, travel to the consulate, and any professional legal fees if they instruct an attorney to prepare or review the case.

3. K-3 visa timeline and processing times

K-3 timelines are not fixed and will vary according to USCIS workloads, the service center handling the petitions, National Visa Center backlogs and local conditions at the US Embassy or Consulate processing the case. In many situations, the combined timing for the I-130 and I-129F is similar to, or only marginally different from, the timing for a straight marriage Green Card case, which is why K-3 visas are now issued so rarely.

The process begins with the I-130 petition. Current data suggests that immediate relative I-130 cases for spouses often take many months at USCIS, with the exact timeframe depending on the service center and any Requests for Evidence. Once USCIS issues the I-130 receipt, the US citizen spouse can file the I-129F for K-3. USCIS guidance indicates that I-129F processing for K-3 cases is generally comparable to I-130 processing, rather than dramatically faster.

If the I-129F is approved and reaches the National Visa Center before the I-130, NVC can create a K-3 case and transfer it to the relevant US Embassy or Consulate. The K-3 visa stage then involves completing the DS-160, paying the K visa fee, attending a medical exam and preparing for the consular interview. Embassy interview wait times and post-approval visa issuance times vary significantly by location and caseload.

In practice, many couples find that the I-130 is approved before or shortly after the I-129F, so the K-3 case is administratively closed and processing continues as an IR1 or CR1 immigrant visa instead. For that reason, it is sensible to monitor current I-130 and I-129F processing trends and to treat any suggested K-3 timeline as an estimate only, rather than a guaranteed shortcut to reuniting in the United States.

Section D: Alternative Visa Options to the K-3 Visa

Where both the I-130 and the I-129F petitions have been approved by USCIS at the same time or, alternatively, when USCIS approves Form I-130 prior to Form I-129F, the need for a non-immigrant K3 visa will effectively come to an end.

In practice, K3 visa processing is often comparable in length to the time it takes USCIS to approve an immigrant visa petition and for the related immigrant visa application to be processed.

This means, in many cases, USCIS will approve Form I-130 as quickly as, or more quickly than, a K-3 visa. In this eventuality, you will need to wait for the NVC to contact you and your US spouse with instructions for processing your immigrant visa.

As such, because of this lengthy processing time, most people find that it may not be worth applying for a K3 visa.

By way of alternative, you may want to consider applying for either an IR1 or CR1 immigrant visa, prior to your arrival in the United States. An immigrant visa is essentially a green card, allowing you to live and work in the USA on a permanent basis.

The IR1 and CR1 visas are for qualifying relatives of US citizens. Under an IR1 visa, where IR stands for “Immediate Relative”, this will allow you to immigrate to the United States. With the CR1 visa, where CR stands for “Conditional Residency”, this will be given to you if your marriage is less than two years old, and thereafter will remain conditional for two years.

In this way, by applying for an immigrant visa prior to your arrival in the United States, you will not need to suffer the uncertainty of travelling to the US to await the outcome of your immigrant application, and you may not need to wait any longer than you would for a K3 visa. You also arrive as a permanent resident, with a Green Card and work and travel rights, rather than as a temporary K-3 nonimmigrant who still has to go through adjustment of status.

For some couples, the K-1 fiancé visa can also be a relevant comparison if they are not yet married and plan to marry in the United States, but where the marriage has already taken place abroad, the usual choice is between K-3, direct IR1/CR1 processing or waiting outside the US until the immigrant visa is issued.

The timings for petition processing are subject to change and are influenced by factors such as USCIS and NVC processing times, caseloads at individual Embassies and Consulates and local country conditions. Take professional advice to understand your options in light of current circumstances.

Work visa options

An alternative option for spouses is to apply for immigration status in their own rights and not dependent on their relationship, through a work visa, for example, an O-1 visa, L-1 visa or an H-1B visa.

The O-1 visa is for individuals with exceptional ability in their professional field, while the L1 visa is for employees of multinational employers looking to transfer from an overseas office to a US affiliated office, and the H1B visa is for graduate level employees undertaking a job role in a speciality occupation for a US employer.

Taking advice on your personal circumstances will ensure you are considering the pros and cons of all available options.

For some couples, a work visa route can provide a faster or more predictable timeline where the foreign spouse has a strong professional profile and an available US employer sponsor, but this can also involve separate risks and constraints such as employer dependence, H-1B caps or strict O-1 evidentiary thresholds. Any work visa plan should be weighed carefully against the marriage-based options.

Section E: Summary

The K-3 visa was introduced to reduce long periods of separation for married couples, allowing the foreign spouse of a US citizen to enter the United States while their marriage-based immigrant petition remains pending. In practice, the K-3 route plays a far smaller role today. Most petitions convert to standard immigrant visa processing once the underlying I-130 is approved, and many couples see no time advantage in pursuing a separate K-3 application. The result is a category that still exists in law but is rarely issued in real cases.

The guide explains how the K-3 visa works, who qualifies and the steps involved in filing both Form I-130 and Form I-129F. It also sets out the position for K-4 children, including the need for separate immigrant petitions before permanent residence can be granted. The comparison with IR1 and CR1 visas is particularly relevant, as these routes usually provide a more predictable path and deliver permanent resident status on entry.

For some spouses, alternative options such as O-1, L-1 or H-1B status may be relevant, depending on their professional background and employer sponsorship. Given the variability in processing and the risks of wasted effort, taking early advice helps clarify whether a K-3 filing has any strategic value in your situation.

Section F: Need Assistance?

For guidance on the strongest route to join your spouse in the United States and to review your evidence and strategy, book a fixed-fee telephone consultation with our legal team.

Section G: K3 visa FAQs

What is the K3 visa?

The K3 visa is a nonimmigrant visa that allows non-US spouses of US citizens to live in the United States on a temporary basis while they await approval of the underlying immigrant petition and completion of the marriage Green Card process.

How long can I stay in the US with a K3 visa?

The K3 visa is granted for two years and can be extended in two-year increments while the immigrant petition or Green Card application is pending and you continue to qualify for K-3 status.

How long does K3 visa processing take?

Timelines vary. Processing depends on USCIS case handling and the caseload at the US Embassy or Consulate managing the application. In many cases, overall timing is similar to a direct IR1 or CR1 marriage Green Card case.

Is the K-3 visa still available?

The K-3 category still exists in law but is issued very rarely. Most cases convert to standard immigrant visa processing once the I-130 is approved, meaning no separate K-3 visa is issued.

Does applying for a K-3 visa speed up my case?

Filing Form I-129F does not guarantee faster processing. If USCIS approves the I-130 first or at the same time as the I-129F, the K-3 case is usually closed and the couple proceeds through the standard immigrant visa route.

Can I work in the US with a K-3 visa?

K-3 spouses can usually apply for work authorization after arrival in the United States by filing Form I-765. You should not begin working until you have received an approved employment authorization document.

Can I travel while my K-3 and Green Card applications are pending?

A valid K-3 visa is usually issued for multiple entries, allowing many K-3 holders to travel in and out of the United States while their status remains valid. You should take advice before travel if you have filed an adjustment of status application.

Can I apply for a K-3 visa if I am already in the United States?

The K-3 visa is designed for spouses living outside the United States and applying through a US Embassy or Consulate abroad. Spouses already in the US may instead be eligible to apply for adjustment of status.

Does my child automatically get a Green Card as a K-4?

No. K-4 children can accompany the K-3 parent, but each child needs their own approved immigrant petition and must complete the Green Card process separately.

Is it better to apply for a K-3 visa or an IR1/CR1 immigrant visa?

For many couples, the IR1 or CR1 immigrant visa offers a more predictable route and leads directly to permanent residence on entry. Whether a K-3 filing adds any value depends on individual circumstances and current processing patterns.

Section H: Glossary

Author

Nita Upadhye

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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