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K-3 Visa – Temporary Legal Status for Spouses

A K-3 visa allows a spouse who is living in a foreign country to live in the United States with their significant other while they are awaiting approval of their green card.

This visa was intended to shorten the time a foreign national spends apart from his or her U.S. citizen spouse.

As immigration lawyers, we know the strain being apart can put on spouses. This is worse if they are separated by international borders or even oceans.

The K-3 Visa is known as a nonimmigrant visa. Your foreign spouse may apply for a K-3 visa if he or she:

  1. Is married to you.
  2. You have filed Form I-130, Petition for Alien Relative to apply for a green card for your spouse.
  3. Your spouse wants to live in the United States while awaiting the green card decision.

Two petitions must be filed with United States Citizenship and Immigration Services (USCIS) to obtain a K-3 Visa. As well as Form I-130, Petition for Alien Relative, you must file Form I-129F. You can file I-129F at the same time as I-130 or soon afterward.

Required documentation includes a valid passport for travel, a birth certificate, your marriage certificate, divorce or death certificates of previous spouses, and police certificates from your spouse’s country of residence. USCIS also asks for medical examinations, evidence of financial support, two photographs, and evidence of the relationship.

If USCIS approves Form I-130 before or at the same time as I-129F, your spouse will not need a K-3 visa. His or her children will not require a K-4 Visa. A foreign spouse will then apply for immigrant visas and a green card.

However, if USCIS approves I-129F first, the petition will be sent to the Department of State. A spouse must then submit the nonimmigrant visa application to the Department of State. The spouse must provide evidence that he or she will not become a financial burden to the state, known as a public charge.

Typically, this means the U.S. citizen spouse must show adjusted gross income on their most recent tax return which is at least 100% of the Federal Poverty Guidelines to qualify as a financial sponsor. 

Long processing times, filing fees, and the existence of alternatives mean it may not be worthwhile to apply for a K-3 visa. It takes about 4.5 months for the Potomac Service Center to process these visas but as long as 13.5 months in California. The filing fee is $265.

If your K-3 application will take as long as your marriage green card application process, it makes little sense to apply for both.

An alternative some applicants use is the CR-1 spouse visa which includes a green card, meaning you won’t have to file for adjustment of status.

You should always consult an immigration lawyer about this complicated process to avoid wasting time and money. Call Gardner & Mendoza at (757) 464-9224.

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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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