NONIMMIGRANT VISA FOR A SPOUSE TO THE USA

Nonimmigrant Visa for a Spouse to the USA

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.

Required Documentation

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:

• Completed Form DS-160, Online Nonimmigrant Visa Application. You (and any eligible children applying for K-4 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your intervew.
• A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements (PDF – 57 KB) provide exemptions).

Civil documents – the original(s) (or certified copies) and photocopies of the following:

• Birth certificate
• Marriage certificate for the marriage to the U.S. citizen spouse
• Divorce or death certificate(s) of any previous spouse(s)
• Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16. (Police certificates are also required for accompanying children age 16 or older.)
• Medical examination (vaccinations are optional, see below)
• Evidence of financial support (Form I-134, Affidavit of Support may be requested)
• Two (2) 2×2 photographs. See the required photo format explained in Photograph Requirements
• Evidence of relationship with your U.S. citizen spouse
• Payment of fees, as explained below

Fees

Fees are charged for the following services:

• Filing a Petition for Alien Relative, Form I-130
• Filing an Alien Fiancé(e) Petition, Form I-129F
• Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
• Medical examination (required for each K visa applicant; costs vary from post to post)
• Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
• Filing Form I-485, Application to Register Permanent Residence or to Adjust Status