K-3 Spouse Visa Step-by-Step Guide on Filing an I-129F & I-130 for a Foreign Spouse

What is a K-3 Visa?

A K-3 Visa is issued to a non US Citizen who is married to a US Citizen. This is technically a non-immigrant multi-entry Visa with a validity of typically two years. During the two years that the K-3 visa is valid the holder may either file for Adjustment of Status (to become a Legal Permanent Resident of the US) or await their I-130 to be approved in which case they can return to their country to be issued an Immigrant Visa (upon entering the US on the immigrant visa they will become a Legal Permanent Resident). If the K-3 Visa Holder files for Adjustment of Status they may reside in the US while their Adjustment of Status application is processed. Children under 21 of a K-3 Visa holder may also be eligible to receive a K-4 Visa allowing them to enter the United States with their non US Citizen parent and ultimately as well apply for Adjustment of Status.

Who is Eligible to File?

U.S. citizens legally married to a foreign national may petition for a K-3 visa. Please see the Marriage Visa Comparison to see the difference between a K-3 and IR-1 / CR-1 Visa. A large percentage of applicants choose the IR-1 / CR-1 Visa over the K-3 Visa Option.

Forms Needed to File for a K-3 Visa:

1. I-130
2. G-1145 (optional)
3. I-129F

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-130 Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

Note: Evidence of a Bonifide Marriage The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or 2. A lease showing joint tenancy of a common residence; or 3. Documentation showing co-mingling of financial resources; or 4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or 5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or 6. Any other relevant documentation to establish that there is an ongoing marital union.

Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Mail the I-130 Package to the USCIS

You should mail the completed form(s) to the proper USCIS location here (Note the location & PO Box address for your filing type: stand alone). Mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.


Create a VJ Timeline

Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take!

Once you receive the NOA1 for the I-130:

Assembling the I-129F Package: Checklist   
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.)

Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Mail the I-129F Package to the USCIS

You should mail the completed form(s) to the USCIS location here. Mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes checks too. You want to have a perfect replica of the package you are sending in. Retain ALL originals. The USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the directions exactly, and make two copies of what you sent back.

Once you receive the NOA1 for the I-129F:
Note: Begin assembling information for the interview - vaccination records, I-134/I-864 supporting documents, and other items listed below that will be necessary to send to your spouse for their interview.

Once you receive the NOA2 for the I-129F:
Note: The approved I-129F package will be forwarded to the National Visa Center (NVC) and then to the embassy presiding over the country and region your spouse lives in. Follow the instructions below regarding information needed by your spouse for their interview.

What to send to your Spouse once the I-129F is approved (NOA2):
 

NOTE: Tip Regarding Vaccination Records

The K-3/4 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available).