US K3 Visa Eligibility and Requirements

If you are a US citizen sponsoring your Thai spouse for an immigrant petition Form I-130, also known as a green card application, you may be able to speed up the process by applying for a K3 visa. The K3 visa allows your spouse to enter the US where they can then apply for their green card. This article outlines the requirements you and your spouse must meet to be eligible for a K3 visa.

What is the K3 Visa?

The K3 visa was designed to bridge the gap for couples seeking to reunite in the United States while awaiting approval of the foreign spouse's green card application. By granting your spouse temporary legal status as an intended immigrant, the K3 visa aims to minimize this time apart during the immigration process.

However, due to faster processing times for green card applications, the K3 visa is rarely issued. While it remains an option, especially in cases of prolonged immigration petition processing, most couples now find it more efficient to directly apply for a green card through the CR-1 or IR-1 visa process.

K3 visa applicants can apply for dependent K-4 visa for unmarried children under the age of 21.

K3 Visa Application Requirements

Under US immigration law, you must submit two petitions to USCIS to bring your Thai spouse to the United States on a K3 visa:

• Form I-130, Petition for Alien Relative: This immigrant visa petition establishes your spousal relationship and your intention to bring your foreign spouse to the US to reside permanently. You should also include a Form I-130A, Supplemental Information for a Spouse Beneficiary. These forms costs 675 USD (or 625 USD if filed online).
• Form I-129F, Petition for Alien Fiancé(e): Although you are married, not fiancé(e)s, you must file this nonimmigrant form to request a K3 visa. This form asks US authorities to allow your Thai spouse to enter the US while they await a decision on their permanent residency application. There is no fee for filing Form I-129F for a spouse in support of a K3 application.

You can submit both forms at the same time or you can submit the I-129F after the I-130 has been receipted by USCIS. If you file the Form I-129F after submitting the Form I-130, you must include a copy of the receipt notice for the I-130.

To bring your spouse’s biological or adopted children on K-4 visa, you should list them on the Form I-129F you file for your spouse. While you don’t need a separate Form I-130 for your stepchildren to get a K-4 visa, you will need to file individual Form I-130 petitions for each child later if they want to apply for green cards.

Eligibility for the K3 Visa

The K3 visa is for foreign spouses of US citizens. To qualify, you must meet the following criteria:

• You must be a US citizen.
• You must be legally married to your Thai citizen spouse (see below).
• Your spouse must live outside the United States.
• You must file or have filed a Form I-130 pending approval.
• You must meet specific income requirements based on Federal Poverty Guidelines (FPG) (see below).
• Any accompanying children must be unmarried and under 21 years old to receive the same immigration benefits as their parent.

Requirement to Be Legally Married

You and your partner must be legally married to each other as spouses. This includes both same-sex and opposite-sex marriages, but simply living together does not qualify as a marriage for immigration purposes. Common law marriage may be sufficient if legally recognized by the jurisdiction in which the marriage occurred. Polygamous marriages are not recognized for immigration purposes; only the first-married spouse is eligible for immigration benefits.

Financial Requirements

To obtain a K3 visa for your spouse, you must demonstrate to immigration authorities that you can financially support yourself and your partner. You may be asked to provide a Form I-134, Affidavit of Support, demonstrating that you meet 100% of the minimum income requirements of the Federal Poverty Guidelines (FPG) for your household size. In 2024, the FPG for a household of two people is 20,440 USD.

Please note you will need to submit a separate Form I-864, Affidavit of Support to sponsor your spouse's green card. This requires you to meet 125% of the FPG minimum income requirement and provide evidence to demonstrate this.

Ineligibility for K-3 Visa

Certain activities or circumstances may prevent your spouse from obtaining a US visa. Examples include previous drug-related offenses, overstaying a prior visa, or providing false information to US authorities.

If your spouse is found ineligible for a visa, they will be informed of the reason and whether they can apply for a waiver for their ineligibility.

Medical Examination and Vaccination Requirements

Before your spouse's visa interview, they must schedule and attend a medical examination conducted by an authorized panel physician. Specific instructions on how to find and schedule an appointment with a panel physician are provided after USCIS approves your I-129F petition.

Certain vaccinations are not required for K visas but are required for immigrant visa applicants. Therefore, your spouse is advised to receive all necessary immigrant vaccinations during the medical examination.

You can find more information about medical examinations, including a list of panel physicians on the website of the US Embassy and Consulate in Thailand.

How to Apply for the K3 Visa

For most couples, engaging the services of an immigration attorney is the most efficient approach to the K3 visa application process. An attorney can navigate the nuanced legal requirements, ensuring accurate and timely completion of all necessary forms and documentation, and guide you through the following steps:

Step 1: Filing the Form I-129F

Once you have checked that you and your spouse meet the eligibility requirements for a K3 visa, the next step is for you to file Form I-129F, Petition for Alien Fiancé(e), with United States Citizenship and Immigration Services (USCIS).

To complete the form, you and your spouse will need to gather the following documents:

• Proof of your US citizenship (e.g. passport, naturalization certificate, or birth certificate)
• Your spouse's Thai passport
• Your marriage certificate
• Certified English translation of your marriage certificate (if applicable)
• Proof of termination of any previous marriages (e.g. divorce decrees, annulment documents, or death certificates) (if applicable)
• Your spouse's I-94 arrival/departure record (if they have previously entered the US)
• Passport-sized photos of both you and your spouse
• Receipt notice for the previously filed Form I-130 (Form I-797) (if filing separately)

After submission, USCIS typically takes about 30 days to send a receipt notice acknowledging that they have received the petition package. They then take approximately 10 to 13 months to process the petition, but this can vary depending on the USCIS service center handling the case. During this time, you and your spouse might receive a request for evidence (RFE) if the USCIS needs additional information. If the Form I-129F petition is approved, your spouse will receive an approval notice.

If Form I-130 is Approved First or Simultaneously

If your Form I-130 is approved while the Form I-129F petition is pending, the K visa becomes unnecessary. The approved I-130 automatically closes the K3 visa case and opens a CR-1/IR-1 case for an immigrant visa and green card. Given the comparable processing times for K visas and I-130 petitions, many individuals opt to forego the K visa process entirely to avoid additional costs and complexities.

If Form I-129F is Approved First

If your Form I-129F is approved before your Form I-130, your spouse and stepchildren can apply for K3 and K-4 visa, respectively.

Step 2: Schedule and Prepare for the K-3 Visa Interview

After USCIS approves the Form I-129F, your spouse will receive notice of their visa interview appointment and instructions to schedule a medical exam. The interview appointment is normally around one to two months after your spouse is notified.

To prepare for the visa interview, your spouse should:

• Complete the DS-160 online application: They should print the confirmation page of this form to bring to the interview.
• Pay the visa fee: In 2024, the K3 visa fee is 265 USD.
• Gather documents including:
  • Legal marriage certificate
  • Valid passport
  • Birth certificate
  • Police certificates from Thailand and all countries of residence exceeding six months since age 16
  • Sealed medical exam results
  • Evidence of financial support
  • Proof of your relationship
  • Two passport-sized photos

At the visa interview, the consular officer may request additional documentation, such as wedding photos and other evidence of your marriage. Documents in languages other than English and Thai must be translated into English.

Typically, your spouse will receive a visa decision within several days of their appointment. But, if the consular officer requires additional evidence of your spouse's eligibility, they may request additional documents.

If the K3 visa is approved, your spouse can travel to the United States to live with you while awaiting approval of their Form I-130.

Step 3: Entering the US on K-3 Status

The K3 visa allows your spouse to travel to a US port of entry and request permission to enter the country, but it does not guarantee entry. The final decision to admit or deny entry rests with US Customs and Border Protection (CBP) officials. When arriving in the United States, your spouse should be prepared to present their passport with the K3 visa and all required documents to the CBP officer. They must also enter before or at the same time as his or her children with K-4 visa.

Step 4: Living and Working in the US

K-3 holders are automatically authorized to work in the United States. While not required, your spouse may submit a Form I-765, Application for Employment Authorization, to obtain official work authorization documentation. Alternatively, they can include an employment authorization application when applying for their green card.

Your spouse can temporarily travel outside the United States without obtaining Advance Parole. Upon returning, their K visa will typically permit re-entry. However, if their visa is set to expire before they return and their green card application is still pending, they should obtain Advance Parole to avoid potential entry denial.

Maintaining K-3 Valid Status

K3 visas are generally valid for a maximum of stay of two years in the US. K-4 visas are issued with a maximum validity of two years or until the child turns 21, whichever comes first.

It is usually not possible to change visa status from K-3 or K-4 to another nonimmigrant visa category while in the United States, but you can apply for an Adjustment of Status to permanent resident (see below).

To extend your stay beyond the initial two-year period, you must submit a Form I-539, Application to Extend/Change Nonimmigrant Status, to USCIS at least 120 days before your current authorized stay expires. You must show that either:

• Your Form I-130, Form I-485, or immigrant visa application is still pending, or
• There is a valid reason for not filing a Form I-485 or immigrant visa application after your Form I-130 was approved.

If your stepchild has a K-4 visa, you must file their extension together with your spouse's K-3 extension application.

USCIS typically grants extensions in two-year increments.

Green Card Application Requirements for K3 Visa

To become a lawful permanent resident (LPR), K-3 and K-4 visa holders must have entered the US lawfully on their K visa and have an approved Form I-130 petition. Then, they can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status even while the Form I-130 is still pending.

The green card application is based on your marriage and your sponsorship as the US citizen petitioner of the K3 visa. For K-4 visa holders, their green card application is based on the stepparent-stepchild relationship established when you married the child(ren)'s parent.

Reputable US Immigration Lawyers in Thailand

An experienced US immigration lawyer can assess your case to ensure that the K-3 and K-4 visas are right for your family. They will guide you through the application process and prepare your spouse for their visa interview, giving your US spousal visa and green card applications the best chance of success.

Siam Legal International's specialist immigration team has helped thousands of foreign citizens become US lawful permanent residents. To learn more about how Siam Legal can support you through the visa process, reach out to one of our advisors today.

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