K3 Spouse Visa

If you are an American hoping to bring your Thai spouse to the United States to start a new life together, you might be wondering about the K-3 visa. The K-3 nonimmigrant visa is designed to allow your foreign spouse to enter the US and apply for their green card.

Purpose of the K-3 Visa

Historically, families seeking marriage-based green cards have faced long periods of separation due to slow processing times for the Form I-130, Petition for Alien Relative. The K-3 and K-4 visas were created to address this issue by offering a temporary pathway to the United States for spouses and stepchildren of US citizens. This visa allows married couples to reunite while the green card application process is pending and minimizes the time spent apart.

However, since processing times for the immigrant Form I-130 have shortened, USCIS issues the K-3 visa less frequently. While many couples qualify for a K-3 visa, the time it takes to process both a K-3 visa and a green card is often similar. Consequently, most immigrant visa applicants find it more efficient to directly apply for a green card through the CR1 visa/IR1 visa process.

Still, in cases where the Form I-130 is processed slowly, a K-3 visa might offer a shorter wait time for you and your spouse to reunite. Once your spouse is in the US with temporary legal status, they can apply for a green card through the Adjustment of Status process.

What is the K-3 Visa and How to Get It

The K-3 visa is a two-year multiple-entry visa issued to eligible spouses of US citizens. The visa allows your spouse to enter the US and apply for an Adjustment of Status to lawful permanent resident (LPR). In other words, after entering the country on a K-3 visa, they can apply for a green card to live in the US permanently.

The K-3 visa requires two petitions: the nonimmigrant Form I-129F, Petition for Alien Fiancé(e) and the immigrant Form I-130, Petition for Alien Relative. If the Form I-130 petition is approved before the Form I-129F, the K3 visa process is halted, and the case is administratively closed as there is no need for the K-3 visa. Your spouse will be contacted about the next steps for the IR-1/CR-1 green card application process.

On the other hand, if the Form I-129F is approved first, the National Visa Center (NVC) will proceed with the K-3 visa and forward your case to the US Embassy in Bangkok for further processing.

Is the K-3 Visa Worth It Today?

Shifts in processing times at United States Citizenship and Immigration Services (USCIS) and the US Department of State (DOS) significantly impact the K-3 visa process. With shorter I-130 petition processing times, there is often a corresponding increase in I-129F processing times, making the K-3 visa less useful to many couples.

However, average Form I-130 processing times have nearly doubled since 2018. USCIS service centers take an average of one to four years to process the I-130 petition, with most completed within 13.5 to 15.5 months. This means that IR-1 and CR-1 green card applications are significantly delayed. On the other hand, I-129F petitions for K-3 visas are being processed in 4.5 to 19 months on average, with most service centers taking 10.5 to 16.5 months. This means that the K-3 visa may be available to reduce the time you and your partner spend apart.

K-3 visa holders can wait for their green card from within the US, while CR-1 and IR-1 applicants must remain in their home countries while awaiting approval. Considering these factors, it may be beneficial to reconsider the K-3 visa option to reunite your family more quickly. The best option depends on processing times, costs, and your individual circumstances.

K-3 Visa Requirements

To qualify for a K-3 visa, you and your partner must meet the following criteria:

• You and your spouse must be legally married.

• You must be a US citizen. Lawful permanent residents cannot petition for a K-3 visa for their foreign spouse.

• You must file or have filed a Form I-130, Petition for Alien Relative that is pending with USCIS.

• Your income must meet at least 100% of the Federal Poverty Guidelines (FPG).

• Your spouse must reside outside of the United States.

It is important to note that your spouse must apply for the K-3 visa from the country in which you were married and attend a visa interview at the relevant consulate or embassy.

How to Apply for the K-3 Visa

The first step in the K-3 visa process is to file a Form I-130, Petition for Alien Relative. You may have already completed this step as part of the CR-1 or IR-1 application process but then decided you would like to bring your spouse to the US sooner. You do this by filing a Form I-129F, Petition for Alien Fiancé(e) which, in conjunction with the Form I-130, comprise the K-3 visa forms.

Required Documents

When applying for the K-3 visa, you and your spouse must include the following documents:

• Your passport, birth certificate, or other evidence of your US citizenship

• Your spouse's passport

• Their birth certificate

• Your shared marriage certificate

• Your spouse's I-94 arrival/departure record (if they have ever traveled to the US)

• One passport-style photograph of you

• One passport-style photograph of your spouse

• Receipt notice for the Form I-130 (if filed prior)

• Divorce or death papers (if applicable)

• Translations of any non-English language documents

USCIS Petition Decision

USCIS will usually send a receipt confirmation within 30 days of the submission of the form. If USCIS approves your Form I-130 before the Form I-129F, your spouse will not require a K-3 visa. Instead of pursuing a nonimmigrant visa, they can directly apply for an immigrant visa to become a US lawful permanent resident.

If the Form I-129F is approved first, the petition is forwarded to the Department of State. Your spouse must then submit an additional nonimmigrant visa application, Form DS-160.

K-3 Visa Interview

After the Form I-129F approval, your Thai citizen spouse will receive a notification to attend an interview at the US Embassy in Bangkok. This interview typically occurs four to six weeks after the notification.

Prior to the interview, your spouse must arrange and attend a medical examination performed by an approved panel physician. The Embassy will provide details about the medical exams, including where to find approved physicians. K visa applicants are advised to get the necessary immigrant visa vaccinations that will be required when applying for a green card.

Your spouse should prepare the following documents for the interview:

• Completed DS-160 Form: This online application form must be filled out by all applicants (K-3 and K-4). Bring a printed copy of the confirmation page.

• Valid Passport: A passport with a validity period extending at least six months beyond their planned stay in the United States.

• Civil Documents: Birth certificates, marriage certificates, and divorce or death certificates for previous marriages.

• Police Certificates: These are required from your s current country of residence and any country where they lived for six months or more since age 16.

• Medical Examination: Required health documentation (including necessary vaccinations.

• Financial Support Evidence: You may be asked to provide proof of financial support with a Form I-134, Declaration of Financial Support, as the US citizen sponsor.

• Photographs: Two passport-style photos.

• Proof of Relationship: Evidence of your genuine marital relationship.

• Payment of Fees: All necessary visa fees must be paid.

• Other Documents: Your spouse must provide any additional documents requested by the consular officer.

The visa decision is usually made on the same day or shortly thereafter.

How to Register Permanent Residence from a K-3 Visa

Once your spouse arrives in the United States on a K-3 visa, the next step is to apply for a green card. Your spouse must file an immigrant visa application Form I-485, Application to Register Permanent Residence or Adjust Status. This is also known as a green card application.

A green card grants your spouse permission to live and work in the United States indefinitely, without requiring additional authorization. Completing Form I-485, Application to Register Permanent Residence or Adjust Status accurately and submitting it on time is crucial to maintaining your spouse's legal status in the US.

K-4 Dependent Children

Biological or adopted children of a K-3 visa holder can typically obtain K-4 visas to enter the United States with the same immigration benefits as their parent. Most K-4 beneficiaries will be your stepchildren as the US citizen spouse. To qualify for K-4 visas, your stepchildren should be under the age of 21 and unmarried.

K-3 Visa Costs

There are several fees associated with the K-3 visa application process:

• Form I-130, Petition for Alien Relative: 675 USD (paper filing) or 625 USD (online filing)

• Form DS-160: 265 USD

• Medical examination: range from 100 USD to 500 USD

Other costs include charges for official documents, notarization, and the Adjustment of Status application.

K-3 Visa Processing Times

The K-3 visa process can be lengthy. Processing times typically range from several months to several years, but individual cases may differ significantly. In 2024, the average processing time for the K-3 visa is around 19 months. It's essential to understand that these estimates are based on general trends, and your specific timeline will depend on your unique circumstances.

Upon approval, the K-3 visa allows your Thai spouse (and unmarried minor children with K-4 visas) to enter the United States for up to two years. During this period, your spouse can apply to become a permanent resident.

While the K-3 visa offers a pathway to family reunification, it's important to note that it is not a rapid solution to spousal immigration. Your spouse must go through the green card application process after arriving in the US. Still, given the extended processing times at USCIS, the K-3 visa provides a valuable interim option for couples facing long separations.

K-3 Visa Validity

A K-3 visa is valid for two years. During this period, the visa holder cannot change their nonimmigrant status unless they apply for a green card. If they have applied for their green card but their K-3 visa will expire, they can apply to extend their stay on K-3 beyond two years by submitting a Form I-539, Application to Extend/Change Nonimmigrant Status. This application must be submitted to USCIS at least 120 days before the K-3 visa expires. Extensions are normally granted for an additional two-year period.

If your marriage ends in divorce or annulment before your spouse obtains permanent residency, their K-3 visa benefits will automatically terminate after 30 days.

Work on a K-3 Visa

K-3 visa holders are generally authorized to work in the United States. If you require official documentation confirming this employment eligibility, you can file Form I-765, Application for Employment Authorization. Alternatively, your spouse can file this form with their green card application.

Travel on a K-3 Visa

K-3 visa holders may temporarily travel outside the United States and re-enter using their existing visa. However, if your spouse's visa expires while they are abroad and have a pending Form I-485 (Application to Register Permanent Residence or Adjust Status), they must obtain Advance Parole authorization before re-entering the country.

Reputable US Immigration Lawyers in Thailand

Siam Legal International is a full-service law firm with decades of experience helping Americans like yourself bring their Thai partners to the United States. Our dedicated team of immigration advisors can help you find the right visas for your family and ensure a smooth application process. Reach out to Siam Legal today to learn more about how your US immigration options and the next steps to take.

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