K-3 Visa Overseas Spouse

FORT SILL LEGAL ASSISTANCE
K-3 VISA
OVERSEAS SPOUSE
How can I obtain a Visa for my Overseas Spouse?

A K-3 Visa allows a U.S. citizen who is married to an overseas spouse to petition U.S.
Citizenship and Immigration Services (USCIS) to shorten the separation time so that he
or she may enter the United States and await the availability of an immigrant visa.
After your spouse has received their immigrant visa, he or she can pursue an
adjustment of status to become a lawful permanent resident (green card holder).
To be eligible, you must be able to show:
• You are a U.S. Citizen.
• You are legally married to your spouse now overseas.
Below are the three steps you will need to know for the K-3 Visa process.
STEP ONE: How do I Apply?
You will need to download and fill out both Form I-130/I-130A and I-129F at
https://www.uscis.gov/i-130 and https://www.uscis.gov/i-129f.
These forms allow a non-resident foreign spouse of a U.S. citizen who is subject to an I-
130 alien relative petition to come into the U.S. while their petition is pending.
STEP TWO: Filing your Forms
• First, U.S. citizen files both I-130 & I-130A, Petition for Alien Relative
• Second, after USCIS issues acknowledgment receipt, the U.S. citizen may file
Form I-129F but must also file Form I-797C with Form I-129F.
STEP THREE: Getting Your Spouse into the U.S.
• After your I-129 F is approved by USCIS, the National Visa Center will forward it
to the U.S. embassy or consulate of your spouse’s country for issuance of the K-
3 visa.
Please refer to this State Department website for the process at
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-
immigration/nonimmigrant-visa-for-a-spouse-k-3.html.
Upon entry into the U.S., your foreign spouse may apply to become a lawful permanent
resident by using Form I-485.
If you have been married for more than two years, your spouse’s new lawful permanent
residence status shall last for ten years; however, if your marriage is less than two
years, your spouse will become a conditional resident, and their status shall only last for
two years.
The following will be required:
1. Completed Forms I-130, I-130A, and I-229F (Complete all sections by typing
or black ink, use N/A for not applicable, and do not forget to sign it.)
2. Copy of Form I-797C, Notice of Action, showing you have filed Form I-130,
Petition for Alien Relative, on behalf of your spouse.
3. Copy of your Marriage Certificate (Please have this document translated into
English if required.)
4. Photographs (One-color passport-style photograph of yourself and one of
your spouse taken within 30 days of the filing of your petition with a white to
white-off background.)
5. Application fees
You will have to pay $535 when submitting Form I-130. You can do this by
including a money order or personal check along with your I-229 Form.
However, check https://www.uscis.gov/i-129f to ensure the correct
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application fee. Make the check out to the U.S. Department of Homeland
Security, not DHS.
Currently, you will not have to pay a fee for Form I-129. However, please
check https://www.uscis.gov/i-129f to ensure no changes have occurred
with this policy.
6. Supporting documents
U.S. citizen’s copy of their birth certificate, naturalization certificate, certificate
of citizenship, and additional bona fides of the marriage, such as joint
ownership of property, combination of financial resources, and birth
certificates of children born to you and your spouse.
USCIS will NOT accept electronic CD-ROMS, DVDs, or Thumb Drives as
supporting documents; however, they will accept photographs of these
supporting materials.
Where Do I File My Petition?
File the forms at the addresses provided at https://www.uscis.gov/i-130 and
https://www.uscis.gov/i-129f.
How Can I Get an Electronic Confirmation of My Application?
You may also choose to receive an email or text message when USCIS accepts your
form, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip
it to the front of the petition. Find Form G-1145 at https://www.uscis.gov/g-1145.
How do I remove my Spouse’s Conditional Resident Status?
A conditional resident is a spouse who has been given temporary lawful permanent
resident status for two years; they have the same rights and responsibilities as any
permanent resident, including the right to live and work inside of the U.S.
However, within 90 days of the expiration of the residency card, you and your spouse
will need to file a Form I-751 jointly, Petition to Remove the Conditions of Residence.
• Do not file Form I-751 before the 90-day expiration period.
• Failure to timely file Form I-751 will result in loss of the spouse’s lawful residency
status and removal from the U.S.
What if I need help with my application?
Current members of the military and their families, as well as veterans, may call the
USCIS toll-free military helpline at 877-CIS-4MIL (877-247-4645, TTY 800-877-8339) or
by sending an email to [email protected]. Representatives can answer your
questions Monday through Friday from 0800 AM - 1600 PM CST, excluding federal
holidays.
You can also find guidance on how to fill out your forms at
https://www.uscis.gov/forms/filing-guidance/form-filing-tips and
https://www.uscis.gov/forms/filing-guidance.
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Updated November 2022
This Information Paper provides only basic information and is not intended to
serve as a substitute for personal consultation with a Legal Assistance Attorney.
To schedule an appointment with a Legal Assistance Attorney, please contact the
Legal Assistance Office at (580) 442-5058. The Fort Sill Legal Assistance Office is
located on the 4th Floor of Building 4700 (Welcome Center) at 4700 Mow-Way
Road, Fort Sill, Oklahoma 73503.
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How can I obtain a Visa for my Overseas Spouse?

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