The spouse (K3) visa allows a foreign citizen legally married to a U.S. citizen to enter the United States in order to wait in the United States to complete the immigration process. The spouse must apply for the K3 visa at the embassy or consulate having jurisdiction over the place of marriage or, if the marriage took place in the United States, at the embassy or consulate issuing visas in the spouse’s country of nationality.
For more information about non-immigrant spouse visas, please visit the Non-immigrant Visa for a Spouse page.
The first step in applying for a K3 visa is for the U.S. citizen spouse (the petitioner) to file a petition, Form I-130, with USCIS having jurisdiction over his/her place of residence in the U.S. The second step is to file a petition, Form I-129F, with USCIS.
The approved I-129F petition is sent to the National Visa Center in Portsmouth, New Hampshire for additional processing before being forwarded to the Embassy having jurisdiction over the place of marriage. If the marriage took place in the United States, the National Visa Center will send the approved petition to the Embassy or Consulate that issues visas in the country of the spouse’s nationality.
Children under the age of 21 are eligible to derive status from the K3 visa petition filed on behalf of their parent; their name(s) should be included in the petition. Children issued K4 visas will not be able to adjust status in the United States until the U.S. citizen parent/step-parent files a separate I-130 petition on behalf of each child. If the U.S. Citizen is the natural parent of the child, the child may have claim to U.S. citizenship and, therefore, may be eligible for a U.S. passport.
What forms and documents should I bring?
For any visa-related question not answered on the consular section’s website, applicants may refer to the A-Z Subject Index or send a message to the following email address: VisasBucharest@state.gov. In most cases, the message will be answered within 3 business days.