K-3 Visa for Spouse of a U.S. Citizen & their children
The nonimmigrant K-3 (spouse) and K-4 (child) visas have been created to reunite families that have been, or could be, subject to a long separation while their immigrant visa applications are being processed. The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition.
Who is eligible?
Spouses of U.S. citizens and their children under the age of 21 for whom an immigrant visa petition, Form I-130 has been filed with the United States Citizenship and Immigration Services (USCIS), but the immigrant visa is not yet immediately available to them. That is to say, the immigrant visa petition has not been received by the National Visa Center. Note: The child of a U.S. citizen will qualify for a K-4 visa only if he or she has no claim to U.S. citizenship and his or her parent qualifies for a K-3 visa.
Applying for the visa
The first step in applying for the visa is for the U.S. citizen (petitioner) to file an immigrant visa petition, Form I-129F with the USCIS in the United States. Note: The petition can only be filed with the USCIS in the United States; it cannot be filed with the USCIS office in London. There is no requirement that an I-129F be filed on behalf of the child as he or she will automatically derive status from the petition.
Applying for the Visa
The approved petition is forwarded to National Visa Center in New Hampshire before being forwarded to the U.S. Embassy or Consulate in the country where the marriage ceremony took place. If the marriage took place in the United States, the petition is forwarded to the Embassy or Consulate in the country of the applicant's last place of residence.
Rights & Protections Pamphlet
- If you are a spouse or fiance(e) of a U.S. Citizen, or spouse of a Lawful Permanent Residents, please read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault,and child abuse and protection available to you. The consular officer will verbally summarize the pamphlet to you during your interview.