Home » Family Based » K-3 Spousal Visa

K-3 Visa

U.S. Citizens who have a spouse that is a foreign national who is waiting abroad
for an immigrant visa, can petition the USCIS on behalf of their spouse to allow
them to re-unite with their family and apply for Immigrant status once in the United

Spouses of U.S. citizens, and the spouse’s children living overseas, may come to
the United States on a K-3 visa (spouse) or K-4 visa (child) and wait in the U.S.
to complete the permanent resident immigration process. However, a child is not
eligible for K-4 status, unless their parent maintains K-3 status.


Two petitions must be filed to obtain K-3/K-4 visa status:

  • The sponsoring relative must first file an immigrant Petition for Alien Relative
    for the overseas spouse with the USCIS Office that serves the area over which s/he
    lives. The USCIS will then send a receipt notice verifying that they received the petition.
  • Thereafter, the sponsoring relative must file a petition for Alien Fiance for their
    spouse and/or children. The relative must send the petition, supporting documentation
    and a copy of the receipt notice to the appropriate USCIS office.
  • The recipient of the K-3 visa will then apply for their K-3 visa at the embassy
    or consulate in the country in which the marriage took place.
  • Once approved, the K-3 visa holder may apply for work authorization (Form I-765)
    to obtain a work permit, and begin authorized employment in the United States while
    waiting to adjust status to that of a Permanent Resident.

For more information, please contact our Law Firm online or call us toll free at