Initial Validity
Can Extend
EAD Available
Until Green Card
Temporary visa for married couples awaiting immigrant visa processing
The K-3 visa is a nonimmigrant visa that allows the foreign spouse of a U.S. citizen to enter the United States while waiting for their immigrant visa (CR-1/IR-1) petition to be approved. Originally designed to reduce separation time for married couples, the K-3 visa has become less common in recent years as CR-1/IR-1 processing times have improved and often match or beat K-3 processing times.
In most cases, proceeding directly with CR-1/IR-1 immigrant visa is faster, cheaper, and more efficient than K-3. CR-1 provides immediate green card upon entry, while K-3 requires additional adjustment of status after entry. Consult an immigration attorney to determine the best option for your specific situation.
K-3 may be worth considering if: (1) Your I-130 has unusual processing delays, (2) You need to reunite urgently for compelling reasons, or (3) Your country has exceptionally long CR-1 interview wait times. However, these situations are becoming increasingly rare.
Four essential criteria for K-3 spouse visa
The petitioner (sponsor) must be a U.S. citizen, not a green card holder. Only U.S. citizens can file K-3 petitions for their foreign spouses.
Must be in a legally valid, bona fide marriage recognized by law. The marriage must be genuine and not solely for immigration purposes.
Must have already filed Form I-130 (Immigrant Petition for Alien Relative) for the foreign spouse. K-3 cannot be filed without I-130 receipt notice.
K-3 is filed while I-130 is pending or approved but immigrant visa not yet available. Once immigrant visa is ready, K-3 becomes unnecessary.
Expert Recommendation: Unless you have compelling urgent circumstances requiring immediate temporary entry, proceed with CR-1/IR-1 directly. You'll save time, money, and complexity while getting immediate permanent residency.
Six steps from I-130 filing to K-3 visa entry
U.S. citizen spouse must first file Form I-130 (Petition for Alien Relative) with USCIS. This is the immigrant visa petition for permanent residency.
You'll receive receipt notice in 2-4 weeks
After receiving I-130 receipt notice, file Form I-129F (Petition for Alien Fiancé - K-3 version) for the K-3 nonimmigrant visa.
Important: You CANNOT file I-129F until you receive the I-130 receipt notice. The two cannot be filed simultaneously.
Additional $535 filing fee
Processing begins immediately
USCIS reviews the K-3 petition. However, processing often takes as long as the I-130 itself, which is why K-3 has become less popular.
Common Issue: If I-130 is approved before I-129F, many consulates automatically convert your case to CR-1, making the K-3 petition unnecessary.
6-12 months
Typical processing
After I-129F approval, National Visa Center (NVC) forwards the case to the U.S. Embassy/Consulate in spouse's home country.
NVC processing: 2-4 weeks
Embassy schedules interview
At this stage, complete DS-160 form and undergo medical examination at approved panel physician.
Foreign spouse attends visa interview at U.S. Embassy/Consulate with all required documents and medical examination results.
If approved: Visa issued in 5-10 days
If denied: Can reapply with additional evidence
Receive K-3 visa, enter United States, and wait for I-130 approval to file for adjustment of status to permanent resident.
12-18 months
K-3 processing
10-18 months
I-485 after entry
$2,500+
Total fees
Compare: CR-1 takes 12-18 months total, costs ~$1,200, and provides immediate green card!
Complete documentation checklist for both petitions
Double Filing: Notice you're filing TWO separate petitions (I-130 and I-129F), each with its own $535 fee. Total: $1,070 just for petitions.
Translation Requirement: All documents in foreign languages must be accompanied by certified English translations. Bring both originals and copies to interview.
| Item | K-3 Cost | CR-1 Cost (Comparison) |
|---|---|---|
| Form I-130 (Immigrant Petition) | $535 | $535 |
| Form I-129F (K-3 Petition) | $535 | $0 (not needed) |
| Visa Application Fee (DS-160) | $265 | $325 |
| Medical Examination | $200-400 | $200-400 |
| Form I-485 (Adjustment of Status) | $1,225+ | $0 (not needed) |
| TOTAL | ~$2,760+ | ~$1,260 |
K-3 costs over DOUBLE what CR-1 costs, and takes the same amount of time!
Bring your spouse's unmarried children under 21 to the United States
The K-4 visa is a derivative visa for the unmarried children under 21 of a K-3 visa holder. Children can accompany the K-3 visa holder or join them later in the United States.
Children listed on the I-129F petition automatically receive K-4 status. Each child must complete their own DS-160 and pay the visa fee, but no separate petition is needed.
Age-Out Protection: Child Support Protection Act (CSPA) may protect children who turn 21 during processing. Consult immigration attorney for concerns.
Include children in I-485
File adjustment of status for children with parent
Apply for work permit
File I-765 for each child who wants to work (16+)
Receive green cards
Children get conditional (or permanent) green cards with parent
Reality Check: K-4 children face the same disadvantages as K-3 parent: long processing times, expensive adjustment of status, and delayed work authorization. With CR-1, children get immediate green cards as derivatives!
Common questions about K-3 spouse visa
In most cases today, K-3 is NO LONGER the best option. Here's why:
When K-3 MIGHT make sense (rare):
Expert Recommendation: Most immigration attorneys recommend proceeding with CR-1/IR-1 directly. It's faster to green card, cheaper, and provides immediate permanent residency.
This is the most important comparison to understand:
| Factor | K-3 Spouse | CR-1/IR-1 Spouse |
|---|---|---|
| Visa Type | Nonimmigrant (temporary) | Immigrant (permanent) |
| Processing Time | 12-18 months | 12-18 months |
| Petitions Required | 2 (I-130 + I-129F) | 1 (I-130 only) |
| Entry Status | Temporary K-3 status | Immediate green card |
| Work Authorization | Must apply (3-6 months) | Immediate upon entry |
| Travel Freedom | Need advance parole | Immediate (green card) |
| Adjustment of Status | Required ($1,225+) | Not needed |
| Total Cost | ~$2,760+ | ~$1,260 |
Bottom Line: CR-1 is better in almost every way. Same processing time, half the cost, immediate green card!
Not immediately. After entering the U.S. on K-3 visa, you must file Form I-765 (Application for Employment Authorization) to obtain work permit.
Better Option: Many K-3 holders wait until I-130 is approved, then file I-765 simultaneously with I-485 (adjustment of status) to save on fees.
Compare: CR-1 visa holders can work immediately upon entry with green card. No waiting, no applications, no extra fees!
K-3 processing typically takes 12-18 months or longer, often matching or exceeding CR-1/IR-1 processing times. Here's the breakdown:
If I-130 is approved before K-3 visa issuance (which often happens), many consulates automatically convert your case to CR-1, making the entire K-3 petition unnecessary!
CR-1 Comparison: Takes 12-18 months total to green card. You arrive with permanent residency immediately!
If your I-130 is approved while you're in the U.S. on K-3 status, you can (and should) file Form I-485 (Adjustment of Status) to become a permanent resident.
File Form I-485 - Adjustment of Status ($1,140)
File Form I-765 - Work Permit ($410, but included with I-485)
File Form I-131 - Travel Document (included with I-485)
Attend biometrics - Fingerprinting appointment
Green card interview - Both spouses attend
Receive green card - 10-18 months after I-485
Total Cost: The adjustment process adds $1,225+ to your total expenses. With CR-1, you would have avoided this entirely!
Yes, but with important restrictions:
Compare: CR-1 green card holders can travel internationally freely from day one. No advance parole needed!
Schedule a consultation to discuss whether K-3 or CR-1/IR-1 is the best choice for your specific situation. Most experts recommend CR-1 in today's environment.
The choice between K-3 and CR-1 can significantly impact your timeline, costs, and immigration journey. Our experienced immigration consultants help you understand both options and choose the best path for your family's reunification. In most cases, CR-1 is the superior choice in today's immigration environment.
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K-3 vs CR-1 analysis
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Compare K-3 with more efficient visa options
Better choice for married couples. Same processing time as K-3 but provides immediate green card upon entry.
For couples not yet married who want to marry in the United States within 90 days of entry.
For U.S. citizens 21+ to bring their parents to the U.S. as immediate relatives with green card.
| Factor | K-3 Spouse | CR-1 Spouse | K-1 Fiancé(e) |
|---|---|---|---|
| Marital Status | Already married | Already married | Not yet married |
| Processing Time | 12-18 months | 12-18 months | 6-12 months |
| Entry Status | Temporary K-3 | Immediate Green Card | Temporary K-1 |
| Work Authorization | Must apply (3-6 mo) | Immediate | Must apply (3-5 mo) |
| Travel Freedom | Need advance parole | Immediate | Need advance parole |
| Petitions Required | 2 (I-130 + I-129F) | 1 (I-130) | 1 (I-129F) |
| Adjustment of Status | Required ($1,225+) | Not needed | Required ($1,225+) |
| Total Cost | ~$2,760+ | ~$1,260 | ~$2,500+ |
| Best For | Rarely recommended | Married couples | Unmarried couples |
❌ Choose K-3 if:
✅ Choose CR-1 if:
✅ Choose K-1 if: