K3 Visa

Before 2001 it was three to four times faster to bring a foreign fiancee to the US on a K1 fiance visa than it was to marry abroad and bring a spouse to the US on a traditional immigrant marriage visa, called a CR spousal visa. Congress felt it was unfair to bring a fiancee to the US more quickly than a wife or husband, so the K3 marriage visa was created. Now, the waiting time for a marriage visa for an international marriage is much shorter than before.

The time it takes our offices to obtain K3 visas for a foreign spouse depends on where your U.S. residence is located, where your foreign wife or husband resides, and where the marriage took place. If you will call us we will be glad to provide you with an accurate estimate of the visa timing based on your situation. If you have not yet married, we can also discuss with you the advantages and disadvantages of marriage abroad versus marriage in the US.

Who Should Use the K3 Visa?

If you are already married to, or about to marry, someone from another country, this is likely the visa for you. This is true in most cases even when you have already filed the I-130 petition for your spouse. Obtaining a K-3 visa for your international wife can reduce the time it takes to get her into the US by more than a year.

If you are considering marrying overseas, but have not already done so, we encourage you to call our offices so we may advise you on your particular situation. Depending on where your US residence is located (and also where you reside if you are outside the US or on deployment), and where your fiancée lives, it may or may not be in your best interest to marry your fiancée before bringing her to the U.S. Call us or Contact Us first.

How Can I Get One?

Basically, K3 visas works much like K1 fiancee visas with a few different twists and turns. With the obvious exception that you must be married rather than engaged to the beneficiary, the requirements for the K3 visas are very similar to the K1 fiancee visas (See, K1 Visa Requirements). The amount of paperwork involved in filing K3 visas is almost double the amount required for a fiancée visas. While the rules in this area of immigration law have changed, there are no new visa forms or instructions available to the public that address these changes.

Since late 2001 when the K3 visa law went into effect, our firm has been actively pursuing issues relating to it with officials at both the USCIS and the US State Department. We are confident that we have more knowledge and experience in K3 visa law than any other law firm in the U.S. and more than any other immigration officer given we have been practicing in this area for so long. We are prepared to proceed quickly and efficiently on your case. As we are still (SINCE 1991) the only law firm in the United States whose ENTIRE LEGAL PRACTICE consists of marriage based immigration—currently obtaining over 1,400 visas per year from ALL COUNTRIES—it is our (unbiased) opinion that there is no one better qualified to handle your K3 visa request than Allan S. Lolly & Associates APC. (See also, "Do I need an Attorney?")

K4 Visas for Unmarried Children of Foreign Spouses

The foreign spouse's unmarried children under the age of twenty-one can be included in the parent's petition and receive K4 visas with the same privileges as the parent's K3 visa. However, if a child is 18 years of age or older at the time of marriage then, although the child can receive a K4 visa and enter the U.S., that child cannot obtain a green card and become a U.S. immigrant. The child's K4 visa will simply expire after two years or when the child reaches the age of 21, whichever occurs first.

Who Cannot Use the K3 Visa?

K3 visas can only be obtained by the spouse of a United States citizen. Wives of permanent residents cannot receive K3 visas. Children who are married or over the age of twenty-one cannot receive the K4 visa. If the marriage took place while the spouse was in the U.S. on another type of temporary visa or visa waiver, the spouse must depart the U.S. in order to be eligible to receive a K3 visa. Visas are not issued in the U.S., only at US Consulates abroad. See Already in U.S. You should definitely call us for advice before making any decision about marrying a foreigner who is currently in the U.S. on any visa other than a K1 fiancee visa which you sponsored. If you are not yet married and your fiancee has a child 18 years or older a K1 Fiancee Visa may be an option. See Fiancee Visa.

Questions

I am absolutely certain that you have questions concerning the spousal K3 visas for international marriages. If you will call us we will be glad to answer them. If you are married and waiting for your spouse to be able to enter the U.S., whether or not you have already filed an I-130 with the USCIS, this is probably the visa for you. If you are considering marrying your fiancee overseas, you are well advised to call us first to determine whether the K3 visa ( spousal visa ) or K1 visa ( fiancee visa ) is appropriate in your case. Remember, WE DO NOT CHARGE for phone consultations.