K3 Visa Process for a US Nonimmigrant Visa

The first step in bringing your Thai spouse to the US is understanding your visa options, including the K-3, CR-1, and IR-1 visas. The K3 visa is a relatively uncommon visa issued by United States Citizenship and Immigration Services (USCIS) to foreign spouses of US citizens.

It is designed to shorten the period of separation between couples by allowing your spouse to apply for permanent residency from within the country. The K3 visa grants them temporary legal status in the US so you can live together while they await their green card.

However, the K3 visa often is not the quickest or most cost-effective path. Direct spousal visas, such as the CR-1 or IR-1, typically offer a more efficient process but requires your foreign spouse to remain in their home country while the green card application is processed. If your goal is to bring your spouse to the US as soon as possible, the K-3 visa may be more suitable.

K-3 Eligibility Criteria

The eligibility criteria for the K-3 spousal visa are as follows:

• You and your spouse must be legally married.
• You must be a US citizen. US lawful permanent residents (LPRs) cannot sponsor K3 visa but can submit CR-1/IR-1 petitions on behalf of their foreign spouse.
• You must submit a Form I-130 petition and Form I-130A on behalf of your spouse prior to or with the K3 visa application.
• Your income must meet at least 100% of the Federal Poverty Guidelines (FPG).
• Your spouse must currently reside outside the United States.
• Your spouse must apply for the K3 visa and attend a visa interview in the country where you were married.

If your relationship meets the eligibility criteria above, you can begin the K3 visa application process.

K3 Visa Application Process

Step 1: Filing an Immigrant Petition Form I-130, Petition for Alien Relative

To apply for a K-3 visa, you must have a Form I-130 petition pending with USCIS. This is the same form that is required for the IR-1/CR-1 spousal visas. You can file this form prior to filing the Form I-129F or file them concurrently. To file an I-130 petition for your spouse, you must prepare the form along with any necessary supporting documentation. You can either submit the petition online or by mail.

Filing Your Form I-130 Online

To file your Form I-130 online, you can create an online USCIS account and submit your supporting evidence. Once USCIS has received the application, you will receive a receipt notice through your USCIS account.

Filing Your Form I-130 by Mail

If you file your petition by mail, you should send it to one of the following USCIS lockbox facilities:

If you live in one of the following states or territories, submit your petition to the USCIS Phoenix Lockbox:

Alaska, American Samoa, Arizona, California, Colorado, Commonwealth of the Northern Mariana Islands, Florida, Guam, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, Puerto Rico, South Dakota, Texas, Utah, US Virgin Islands, Washington, and Wyoming.

Residents of the following states, territories, or military bases should submit their petition to the USCIS Elgin Lockbox:

Alabama, Arkansas, Armed Forces Americas, Armed Forces Europe, Armed Forces Pacific, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Marshall Islands, Maryland, Massachusetts, Michigan, Micronesia, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Palau, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, D.C., West Virginia, and Wisconsin.

If you live outside of the US, you should also submit your petition to the Elgin Lockbox.

Step 2: Filing a Form I-129F, Petition for Alien Fiancé(e)

The next step to apply for a K-3 visa is submitting the Form I-129F, Petition for Alien Fiancé(e). While the form's name might suggest it's for fiancé(e)s only, it's also used by spouses of American citizens seeking a K-3 visa. Along with the completed form, you must provide supporting documents such as:

• Proof of US citizenship: your passport, naturalization certificate, or birth certificate
• Your marriage certificate: original and a certified English translation (if applicable)
• Proof of termination of previous marriages: divorce decrees, annulment documents, or death certificates (if applicable)
• US immigration records: your spouse's I-94 arrival/departure record (if applicable)
• Photographs: one passport-sized photo of you and one of your spouse
• Evidence of green card application: receipt notice or notice of action for Form I-130 (also known as Form I-797)

To file an I-129F petition for your legal spouse, you should submit your forms and supporting documents to the USCIS Dallas Lockbox. There is currently no option for online filing for the Form I-129F.

Typically, you will receive a receipt notice within 30 days of submission, confirming that USCIS has started processing the petition. USCIS may request additional information during this period. IF USCIS approves the petition, they will issue an approval notice and forward the case to the National Visa Center (NVC).

Step 3: National Visa Center (NVC)

If the Form I-130 is approved before or at the same time as the Form I-129F, then the K-3 visa becomes unnecessary. In this case, the NVC will administratively close the K-3 case and instead process the case as an IR-1 or CR-1 immigrant visa application, contacting both spouses with further instructions.

If the NVC receives the I-129F petition before the I-130, the NVC will process the I-129F and send it to the US Embassy in Bangkok.

Step 4: Consular Processing and Visa Interview

After the case has been forwarded, your spouse will receive instructions for the following:

• Their visa interview at the US Embassy in Bangkok, including the appointment time and necessary documents to bring
• Completing the Form DS-160 and paying the nonimmigrant visa application fee
• Scheduling a medical examination with an authorized physician.

To simplify the immigration process in the US, K-3 visa applicants are advised to obtain the required vaccinations for immigrant visa applicants as these vaccinations will be necessary when applying for a green card.

Required Documents for Interview

At this point, your spouse should gather and organize the documents requested for the consular interview. This might include the following:

• Your marriage certificate
• Evidence that any prior marriages have been terminated (i.e. divorce decree, annulment papers, or death certificate)
• Your spouse's passport
• Your spouse's birth certificate
• Printed confirmation page of the Form DS-160
• Your spouse's Police clearance from Thailand and all countries resided in for more than six months since the age of 16
• Your spouse's sealed medical exam results
• Evidence of financial support
• Materials and evidence provided in support of your Form I-130 petition
• Two passport-style photographs of your spouse

Interviews normally take place around one to two months after the Embassy contacts your spouse. The consular officer may issue a visa decision on the same day as the interview or within several weeks. If more evidence is needed, you and your spouse must submit it directly to the US Embassy.

Step 5: Enter the US and Apply to Become a Lawful Permanent Resident

Once your spouse receives their K-3 visa, they can travel to the United States. The two-year multiple-entry K-3 visa provides employment authorization and allows your partner to exit and re-enter the country for short international trips.

Once they have entered the US, your partner can apply for an Adjustment of Status to obtain a green card and become a US lawful permanent resident. Since they already have a pending green card application (Form I-130), they can apply to adjust their status to permanent resident by filing a Form I-485, Application to Register Permanent Residence or Adjust Status. You should plan to submit this application before the K-3 visa expires.

Terminating K-3 Status

K-3 visa status will automatically end 30 days after any of the following occurs:

• USCIS denies or revokes the Form I-130 petition.
• The Form I-485 application for a green card is denied.
• The Department of State denies the immigrant visa application based on the pending or approved Form I-130.
• Your marriage ends in divorce or annulment before your spouse becomes a permanent resident.

K-4 visa status will automatically end 30 days after any of the following occurs:

• The K-3 parent's status ends.
• USCIS denies or revokes the Form I-130 petition.
• The Form I-485 application for a green card is denied.
• The Department of State denies the immigrant visa application based on the Form I-130.
• The K-4 holder turns 21 years old.
• The K-4 holder marries before becoming a permanent resident.

Dependent K-4 Visas

Your spouse's biological or adopted children under 21 can accompany them to the US on K-4 visa. They must be under 21 and included on your Form I-129F petition. You must also submit separate visa applications (Form DS-160) and fees for each child.

Once in the US, your children will need to file their own green card applications (Form I-485). They cannot be included on your spouse's application. To qualify, they must have been under 18 when you married your Thai citizen spouse.

K3 Visa Processing Time

The K-3 visa process can be complex and time-consuming. The average wait time for USCIS to process the necessary forms varies significantly. USCIS typically takes between one to four years to process I-130 petitions, with most cases completed within 13.5 to 15.5 months. For K-3 visas, the I-129F petition alone usually takes between 4.5 and 19 months to process and then your spouse must attend an interview.

Overall, the entire K-3 visa process can take anywhere from several months to several years. The actual timeline depends on interview availability, service center workload, and case-specific circumstances. Processing times can fluctuate, so it's essential to stay updated on current processing times and be prepared for potential delays.

K-3 Visa Process Summary

A K-3 visa allows your Thai spouse (and eligible children) to enter the US for up to two years. However, it’s important to understand that the K-3 visa is a temporary solution. The goal is to adjust your spouse’s status to permanent residency during their time in the US. If the I-130 is approved first, your spouse can apply for an immigrant visa directly, bypassing the K-3 process. If your I-129F is approved first, your spouse will need to apply for a K-3 visa and then adjust status.

Alternatives to the K-3 Visa Process

The K-3 and CR-1/IR-1 visas have similar processes and start with the filing of an immigrant visa petition Form I-130. However, unlike the K-3 visa, you can sponsor your spouse's CR-1/IR-1 petition as a US permanent resident, and you do not have to submit the Form I-129F or apply for an Adjustment of Status once inside the country.

After filing the Form I-130, CR-1/IR-1 applicants must wait for their petition to be approved to attend a visa interview in Bangkok, receive approval of their lawful permanent resident application, and then enter the US. They receive a green card in the mail within several months of entry. The process is often more efficient and affordable but requires your spouse to remain in Thailand while awaiting approval.

Reputable US Immigration Lawyers in Thailand

Navigating the K-3 visa process can be overwhelming. Siam Legal’s US Visa team is here to simplify your journey. Our experienced professionals specialize in guiding couples through spousal visa applications, ensuring all paperwork is accurately and timely submitted to give your case the best chance of success. By partnering with Siam Legal, you gain access to expert advice and peace of mind in knowing your visa application is in safe hands.

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