A U.S. citizen who is married to a foreign national can bring their spouse to the U.S. on a K-3 nonimmigrant visa. Similar to the K-1 fiance(e) visa, the K-3 marriage visa is intended to accelerate the immigration process. To qualify as a spouse, the U.S. citizen and foreign national must be legally wed either in the United States or abroad.

Process

Two petitions are required to bring a foreign spouse to the U.S. First, the U.S. citizen must file an I-130 Petition for Alien Relative with the United States Citizenship and Immigration Services (USCIS). Once the I-130 Petition for Alien Relative is received, the U.S. citizen can file an I 129F Petition for Alien Fiance(e) with supporting documentation and a copy of the receipt notice from the I-130 Petition for Alien Relative.

Upon approval of the I-129F Petition for Alien Fiance(e), the foreign spouse will apply for a K-3 nonimmigrant visa at a U.S. Consulate or Embassy in the country where their marriage took place. The approved I-129F Petition for Alien Fiance(e) will be transmitted to the U.S. Consulate or Embassy in the country where the marriage took place. If the country of marriage does not have a U.S. Consulate or Embassy, the petition will be forwarded to the U.S. Consulate or Embassy that regularly processes visas for individuals of that country. For marriages that took place in the United States, the petition will be sent to a U.S. Consulate or Embassy in the country of the foreign spouse's nationality.

Nonimmigrant Visa With Immigrant Intent

Though the K-3 marriage visa is a nonimmigrant visa, the K-3 visa holder has immigrant intent and must qualify for an immigrant visa. The foreign spouse will need to provide the following to complete their immigrant visa application:

• Marriage certificate;
• Divorce or death certificates for any previous spouses (both the foreign national and U.S. citizen's previous spouses);
• Police certificates from all the places the foreign national has lived since the age of 16;
• Birth certificates of the foreign national and U.S. citizen;
• Medical examination;
• A passport valid for at least 6 months beyond the foreign national's intended stay in the U.S.; and
• Evidence of financial support (such as Form I-134 Affidavit of Support).

It is advisable to bring additional evidence, such as photographs, to the visa interview to document the marriage is authentic. Once the foreign national is admitted to the United States, their U.S. citizen spouse can file an I-485 Application to Adjust Status on their behalf to complete the green card application.

Benefits And Limitations

Travel Abroad
A foreign national may travel abroad and return to the U.S. multiple times using the K-3 marriage visa. Even if an I-485 Application to Adjust Status has been filed, the USCIS will not consider the foreign national's travel abroad to constitute abandonment of their adjustment application.

Work Authorization
Foreign nationals on a K-3 marriage visa are eligible to apply for work authorization. The foreign national should file an I-765 Application for Employment Authorization with the USCIS and, if approved, will receive an employment authorization document or EAD card.

Social Security Card
A foreign spouse may apply for a social security card even before arriving in the U.S. A U.S. citizen can assist their foreign spouse in the application process at their local social security office.