While waiting for green cards through marriage, the spouse is eligible to apply for a K-3 nonimmigrant visa, as well as a K-4 visa for the spouse’s children. This is possible after the US citizen submits Form I-130 to apply for a green card for his foreign wife or husband. A K-3 visa for a spouse and k-4 for the spouse’s children will allow you to quickly come to the United States, live, and work, while the application for a green card through marriage is in pending.
What do you need to get a K-3 visa?
To apply for a K-3 visa, you must complete Form I-129 F Petition for Foreign Relative. The K-3 visa application is optional, couples are not required to file Form I-129F as a foreign spouse can wait overseas for an immigrant visa processing. However, obtaining a K-3 visa may be an additional way for him or her to come to the United States faster without waiting for several months for the green card to be approved.
Form I-129 F can be used for two different cases:
- Applying for the K-1 visa for the bride (groom), including the K-2 visa for the spouse’s children.
- This form can also be used to apply for a K-3 visa for a wife or husband who has already applied for a green card, but are in the process of waiting for a green card, and for a or a K-4 visa for the spouse’s children. With a K-3 visa, the spouse can travel to the United States before the green card is approved.