K-3 Spouse Visa FAQs
Q. What is a K-3 Visa?
A. A K-3 Visa is a non-immigrant marriage visa for a foreign national who is married to a U.S. Citizen who has filed an I-130 petition on his/her behalf, and he/she seeks to enter the U.S. to wait for the approval.
Q. Who can obtain a K-3 Visa?
A. To be eligible for a K-3 visa, a foreign national must meet the following requirements:
Q. What is a "Spouse" in this case?
A. A spouse refers to a partner in a legal marriage. "Common-law" spouses may or may not qualify for K-3 visas, depending on local laws governing "common-law" marriages. Partners living together without getting married are generally not considered spouses for immigration law purposes.
Q. Can a K-3 visa holder work in the U.S.?
A. Yes. A K-3 visa holder can file Form I-765, Application for Employment Authorization with USCIS to get an employment authorization document (EAD). He/she can make the application as soon as he/she enters the U.S., or wait until they are ready to apply for adjustment of status and file Form I-765 together with I-485.
Q. Can a K-3 visa holder change to another nonimmigrant visa status in the U.S.?
A. No. K-3 visa holders cannot change to another visa non-immigrant status in the U.S.
Q. Can K-3 visa holder travel and re-enter the U.S.?
A. A K-3 nonimmigrant visa status holder can travel outside of the U.S. and re-enter the U.S. with their K-3 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of the adjustment of status application.
Q. How do I apply for a Social Security Number on K-3 visa status?
A. The principal (U.S. citizen) can apply for a Social Security Number Card for the spouse before he/she arrives in the U.S.
Q. What is a K-4 visa?
A. K-4 visa is a visa for the minor children (under 21) of the K-3 visa holder.
Q. If the child’s name is not on the I-129F petition, will that be a problem?
A. Generally speaking a K-4 visa application will not be denied solely because the child's name is not listed on the Form I-129F petition. However, additional documents need to be submitted to establish that the child is the minor of the K-3 visa holder.
Q. What Should I know about the International Marriage Broker Regulation Act (IMBRA)?
A. If you met your spouse through the services of an international marriage broker, you must notify USCIS that fact by answering Question 19 on the form I-129F. The term “international marriage broker” refers to a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the U.S., that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between U.S. citizens, nationals, or aliens. They are required to be lawfully admitted into the U.S. as lawful permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.
Q. What are the penalties for giving false information?
A. According to Title 18, Section 100 of the U.S. Code, whoever fully and knowingly falsifies a material fact, makes a false statement, or makes use of a false document will be fined up to $10,000 or imprisoned up to five years, or both.
Q. What are the penalties for marriage fraud?
A. According to Title 8, Section 1325 of the U.S. Code, any person who knowingly enters into a marriage contract for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than five years or fined not more than $250,000, or both.
Q. How can I check the status of my application?
A. You could contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. If you have a Service Center tracking number, you may check your status online at www.uscis.gov.
Q. When should a K-3 visa holder apply for adjustment of status?
A. After the K-3 visa holder has entered the U.S., it is better for him/her to apply for adjustment of status as soon as possible. The purpose of the K-3 visa category is to reunite families. Therefore, an early application is a strong indication that the spouse intends to obtain permanent residency in the U.S., which further validates the genuine nature of the marriage. In fact if the K-3 visa holder never files I-485 after entering the U.S., he/she will have trouble renewing their EAD or the K-3 visa status with USCIS.
Q. What status will I be in if my K-3 visa expires?
A. If you have filed I-485 and it is still pending in USCIS, you will remain in legal status under Adjustment of Status. After the I-485 application is approved, your status will be that of a permanent resident or conditional resident.
Q. How much money do I need to show in my application to bring my spouse to the U.S.?
A. You need to meet either 125% of the federal poverty guidelines in the Form I-864P, or the asset requirement. If you are unable to do either, you will need a joint sponsor.
Q. How can I meet the assets requirement?
A. Assets can supplement income if it can be proved that the monetary value of the assets could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. An automobile may not be included unless you could show that you own at least one working automobile that you have not included.
Q. What kind of assets can be used?
A. The requirement on the assets to supplement income is that the asset can be readily convertible to cash within a year. Liquid assets, such as savings deposits, stocks, bonds, and certificates of deposit will be viewed most favorably because they would be most accessible for the support of sponsored immigrants. Other assets, such as property, may also be acceptable if they can be sold within a year.
Q. What evidence of assets is required?
A. Evidence of assets includes:
Documentation establishing ownership, the value and the location of assets;
Information on any liens and/or liabilities relating to these assets;
Bank accounts, bank statements for the most recent 12 months, or a letter from the bank stating the date the account was opened, a history of deposits and withdrawals for the past year, and the current balance.
Q. Can the petitioner (U.S. citizen) or joint sponsor use housing and other benefits instead of salary as income?
A. Yes. The sponsor may count income that is not subject to taxation (such as a housing allowance), as well as taxable income. However, the sponsor must prove the nature and the amount of any income if it is not included as wages/salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form, Form 1099, or other documents that prove the claimed income.
Q. Can a credible offer of employment for the applicant (foreign national spouse) replace or supplement an insufficient affidavit of support?
A. No. An offer of employment may not be counted in reaching the income requirement. The law does not make any provision for offers of employment in lieu of the Form I-864.
Q. What is a joint sponsor?
A. A joint sponsor is a person who meets the citizenship, residence, and age requirements and the income requirement for the petitioner’s household size, and who would like to sponsor the petitioner’s application for his spouse.
Joint sponsors are permitted when the petitioner cannot meet the income requirements or has died before all family members have immigrated.
Q. Who can be a joint sponsor?
A. The requirements for a joint sponsor are:
A U.S. citizen or a lawful permanent resident;
A person aged 18 or over, and;
A person who lives in one of the 50 States, Washington DC, or a U.S. territory or possession.
Q. What are the income requirements for a sponsor?
A. The sponsor must prove that his/her income is at least 125% of the current federal poverty guideline for the petitioner’s household size. The federal poverty line is updated annually and can be found on Form I-864P, Poverty Guidelines on the USCIS website.
Q. Is there a limit on the number of joint sponsors?
A. No. However, each joint sponsor must meet the 125% poverty line income requirement for their own household size.
Q. What are the responsibilities as a joint sponsor?
A. As a joint sponsor, he/she must accept joint legal responsibility for supporting sponsored immigrant(s) and reimbursing the cost of any means-tested public benefit used until the sponsored immigrants naturalize, can be credited with 40 qualifying quarters of work, depart the U.S. permanently, or die.
Q. Are joint sponsors required to attend the interview?
A. No. The petitioner (U.S. Citizen) must bring the joint sponsor’s supporting documents (employment verification, copy of most recent years 1040 IRS tax return and W-2) to the interview.
Q. What if my I-129 F visa application is denied? Can I appeal?
A. Yes, you can. If your petition for a Fiancé(e) visa is denied, the denial letter will instruct you how to appeal. Normally you can file your appeal on Form I-290B. The appeal must be filed with the office that made the original decision on your case. After your appeal is received and processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. However, sending your appeal and fee directly to the AAU will delay the process.
Q. How can I check the status of my application?
A. Once you have received the receipt notice from USCIS, you can check with your receipt number on the USCIS website for the status of your application. You may also contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application.
12/09/2010
A. A K-3 Visa is a non-immigrant marriage visa for a foreign national who is married to a U.S. Citizen who has filed an I-130 petition on his/her behalf, and he/she seeks to enter the U.S. to wait for the approval.
Q. Who can obtain a K-3 Visa?
A. To be eligible for a K-3 visa, a foreign national must meet the following requirements:
- He/she must be married to a U.S. citizen;
- His/her U.S. citizen spouse must have filed Form I-130, Petition for Alien Relative.
Q. What is a "Spouse" in this case?
A. A spouse refers to a partner in a legal marriage. "Common-law" spouses may or may not qualify for K-3 visas, depending on local laws governing "common-law" marriages. Partners living together without getting married are generally not considered spouses for immigration law purposes.
Q. Can a K-3 visa holder work in the U.S.?
A. Yes. A K-3 visa holder can file Form I-765, Application for Employment Authorization with USCIS to get an employment authorization document (EAD). He/she can make the application as soon as he/she enters the U.S., or wait until they are ready to apply for adjustment of status and file Form I-765 together with I-485.
Q. Can a K-3 visa holder change to another nonimmigrant visa status in the U.S.?
A. No. K-3 visa holders cannot change to another visa non-immigrant status in the U.S.
Q. Can K-3 visa holder travel and re-enter the U.S.?
A. A K-3 nonimmigrant visa status holder can travel outside of the U.S. and re-enter the U.S. with their K-3 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of the adjustment of status application.
Q. How do I apply for a Social Security Number on K-3 visa status?
A. The principal (U.S. citizen) can apply for a Social Security Number Card for the spouse before he/she arrives in the U.S.
Q. What is a K-4 visa?
A. K-4 visa is a visa for the minor children (under 21) of the K-3 visa holder.
Q. If the child’s name is not on the I-129F petition, will that be a problem?
A. Generally speaking a K-4 visa application will not be denied solely because the child's name is not listed on the Form I-129F petition. However, additional documents need to be submitted to establish that the child is the minor of the K-3 visa holder.
Q. What Should I know about the International Marriage Broker Regulation Act (IMBRA)?
A. If you met your spouse through the services of an international marriage broker, you must notify USCIS that fact by answering Question 19 on the form I-129F. The term “international marriage broker” refers to a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the U.S., that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between U.S. citizens, nationals, or aliens. They are required to be lawfully admitted into the U.S. as lawful permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.
Q. What are the penalties for giving false information?
A. According to Title 18, Section 100 of the U.S. Code, whoever fully and knowingly falsifies a material fact, makes a false statement, or makes use of a false document will be fined up to $10,000 or imprisoned up to five years, or both.
Q. What are the penalties for marriage fraud?
A. According to Title 8, Section 1325 of the U.S. Code, any person who knowingly enters into a marriage contract for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than five years or fined not more than $250,000, or both.
Q. How can I check the status of my application?
A. You could contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. If you have a Service Center tracking number, you may check your status online at www.uscis.gov.
Q. When should a K-3 visa holder apply for adjustment of status?
A. After the K-3 visa holder has entered the U.S., it is better for him/her to apply for adjustment of status as soon as possible. The purpose of the K-3 visa category is to reunite families. Therefore, an early application is a strong indication that the spouse intends to obtain permanent residency in the U.S., which further validates the genuine nature of the marriage. In fact if the K-3 visa holder never files I-485 after entering the U.S., he/she will have trouble renewing their EAD or the K-3 visa status with USCIS.
Q. What status will I be in if my K-3 visa expires?
A. If you have filed I-485 and it is still pending in USCIS, you will remain in legal status under Adjustment of Status. After the I-485 application is approved, your status will be that of a permanent resident or conditional resident.
Q. How much money do I need to show in my application to bring my spouse to the U.S.?
A. You need to meet either 125% of the federal poverty guidelines in the Form I-864P, or the asset requirement. If you are unable to do either, you will need a joint sponsor.
Q. How can I meet the assets requirement?
A. Assets can supplement income if it can be proved that the monetary value of the assets could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. An automobile may not be included unless you could show that you own at least one working automobile that you have not included.
Q. What kind of assets can be used?
A. The requirement on the assets to supplement income is that the asset can be readily convertible to cash within a year. Liquid assets, such as savings deposits, stocks, bonds, and certificates of deposit will be viewed most favorably because they would be most accessible for the support of sponsored immigrants. Other assets, such as property, may also be acceptable if they can be sold within a year.
Q. What evidence of assets is required?
A. Evidence of assets includes:
Documentation establishing ownership, the value and the location of assets;
Information on any liens and/or liabilities relating to these assets;
Bank accounts, bank statements for the most recent 12 months, or a letter from the bank stating the date the account was opened, a history of deposits and withdrawals for the past year, and the current balance.
Q. Can the petitioner (U.S. citizen) or joint sponsor use housing and other benefits instead of salary as income?
A. Yes. The sponsor may count income that is not subject to taxation (such as a housing allowance), as well as taxable income. However, the sponsor must prove the nature and the amount of any income if it is not included as wages/salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form, Form 1099, or other documents that prove the claimed income.
Q. Can a credible offer of employment for the applicant (foreign national spouse) replace or supplement an insufficient affidavit of support?
A. No. An offer of employment may not be counted in reaching the income requirement. The law does not make any provision for offers of employment in lieu of the Form I-864.
Q. What is a joint sponsor?
A. A joint sponsor is a person who meets the citizenship, residence, and age requirements and the income requirement for the petitioner’s household size, and who would like to sponsor the petitioner’s application for his spouse.
Joint sponsors are permitted when the petitioner cannot meet the income requirements or has died before all family members have immigrated.
Q. Who can be a joint sponsor?
A. The requirements for a joint sponsor are:
A U.S. citizen or a lawful permanent resident;
A person aged 18 or over, and;
A person who lives in one of the 50 States, Washington DC, or a U.S. territory or possession.
Q. What are the income requirements for a sponsor?
A. The sponsor must prove that his/her income is at least 125% of the current federal poverty guideline for the petitioner’s household size. The federal poverty line is updated annually and can be found on Form I-864P, Poverty Guidelines on the USCIS website.
Q. Is there a limit on the number of joint sponsors?
A. No. However, each joint sponsor must meet the 125% poverty line income requirement for their own household size.
Q. What are the responsibilities as a joint sponsor?
A. As a joint sponsor, he/she must accept joint legal responsibility for supporting sponsored immigrant(s) and reimbursing the cost of any means-tested public benefit used until the sponsored immigrants naturalize, can be credited with 40 qualifying quarters of work, depart the U.S. permanently, or die.
Q. Are joint sponsors required to attend the interview?
A. No. The petitioner (U.S. Citizen) must bring the joint sponsor’s supporting documents (employment verification, copy of most recent years 1040 IRS tax return and W-2) to the interview.
Q. What if my I-129 F visa application is denied? Can I appeal?
A. Yes, you can. If your petition for a Fiancé(e) visa is denied, the denial letter will instruct you how to appeal. Normally you can file your appeal on Form I-290B. The appeal must be filed with the office that made the original decision on your case. After your appeal is received and processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. However, sending your appeal and fee directly to the AAU will delay the process.
Q. How can I check the status of my application?
A. Once you have received the receipt notice from USCIS, you can check with your receipt number on the USCIS website for the status of your application. You may also contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application.
12/09/2010