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K-3 / K-4 Spouse Visa

FORMS: Form I-130, Form DS-260 (or I-485)

Overview

K-3 visas were designed to allow spouses of U.S. citizens to enter the U.S. while waiting for I- 130 approval, with K-4 covering their minor children. In practice, K-3 has fallen into disuse because I-130 processing has accelerated to where K-3 offers no time advantage. Most cases proceed directly to consular processing of the I-130-approved immigrant visa.

Eligibility Requirements

Married to U.S. citizen; pending I-130 petition; beneficiary abroad; otherwise admissible.

Application Process

Step 1: U.S. citizen files I-130. Step 2: Concurrently file I-129F. Step 3: K-3 visa processed if I- 130 not yet approved; in practice, I-130 is often approved first making K-3 moot.

Required Documentation

Same as IR-1/CR-1 (marriage certificate, bona fide marriage evidence, etc.).

Government Filing Fees

I-130 fee; I-129F fee; visa application fees.


Processing Timeline

Generally K-3 not advantageous in current processing climate.

Why Choose Our Firm

We counsel clients on whether K-3 offers advantages over standard immigrant visa processing — typically not, but specific facts matter.

READY TO TAKE THE NEXT STEP?

Contact us to evaluate whether K-3 versus standard immigrant visa processing is best for your situation.

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