Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. For further information, please see our FAQ’s.
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.
Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the United States while immigrant visa petitions are pending approval by USCIS.
A spouse is a legally wedded husband or wife. Same-sex spouses of U.S. citizens and Lawful Permanent Residents, along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.
Detailed information about IMBRA requirements is contained in the Form I-129F, Petition for Alien Fiancé(e), instructions.
If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.
The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
You, the foreign-citizen spouse, (and eligible children applying for K-4 visas) will be required to bring the following forms and documents to the visa interview:
Note: The consular officer may ask for additional information, such as wedding photographs and other proof that the marriage to your U.S. citizen spouse is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview all original civil documents, such as birth and marriage certificates as well as legible photocopies of the documents and translations. Original documents and translations will be returned.
There may be additional instructions for collecting documentation needed for your K visa interview. Review U.S. Embassy/Consulate-Specific Instructions here, to learn what additional requirements there are, if any.
In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.
K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.
During the visa interview, applicants will be required to present evidence to the Consular Officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen spouse is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen spouse.
The U.S. citizen spouse will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident.
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when a Form I-864 is needed. Applicants using Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.
Fees are charged for the following services:
You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you. The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-3 visa applicants will be provided with any existing criminal background information on their U.S. citizen spouses that USCIS received from other government agencies during processing of their Form I-129F petitions.
Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
If you are ineligible for a visa, you will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is. Learn more and see the complete list of ineligibilities.
For Form I-129F, Petition for Alien Fiancé(e), you can visit the USCIS website for the status of your petition.
Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer.
If you are issued a K-3 visa, the consular officer will give you your passport containing the K-3 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States. As the K-3 visa holder, you must enter the U.S. before or at the same time as any qualifying children holding K-4 visas.
No. Your children may apply for K-4 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen spouse filed on your behalf, but your U.S. citizen spouse must list the children on the petition. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee.
Your U.S. citizen spouse is also not required to file I-130 petitions on behalf of your children before he or she is able to list them on the I-129F petition. However, your U.S. citizen spouse must file separate I-130 immigrant visa petitions for your children before they can qualify for permanent residence or apply for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).
Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child, the child’s stepchild relationship with your spouse must be created before your child reaches the age of 18.
Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-4 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-3 visa. If they want to travel later than one year from the date your K-3 visa was issued, they will not be eligible to receive K-4 visas, and separate immigrant visa petitions will be required. If your child has a valid K-4 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-4 visa.
A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.
Information for K-3/K-4 visa holders about adjustment of status, permission to work in the United States, and travel outside of the United States is available on the USCIS website under K-3/K-4 Nonimmigrant Visas.
To learn about applying for a Social Security Number Card, visit the website for the Social Security Administration.