Family-Based
Nonimmigrant Visas

Spouses (K-3 Visa)

Minor Children

Minor children can accompany the K-1 fiance parent as K-2s.

Procedures

1. The U.S. citizen files Form I-129F with US Citizenship and
   Immigration Services (USCIS) in
   the U.S.
2. The USCIS forwards the approved petition to the U.S. Consulate abroad.
3. The U.S. Consulate issues the K-1 visa.
4. The K-1 fiance enters the U.S., marries and files the application to adjust status within 90 days.

A U.S. citizen may sponsor a spouse abroad for K-3 visa. This is used where the processing for the Form I-130 immigrant visa petition is taking too long.

Requirements

1.The K-3 spouse must file the application to adjust status within 90 days of entering the U.S.

Minor Children

Minor children can accompany the K-3 parent as K-4s. A separate visa petition is not filed for minor children.

Procedures

1. The U.S. citizen petitioner files the Form I-130 immigrant visa petition with USCIS in the U.S

1. The U.S. citizen petitioner files the Form I-129F with the USCIS in the U.S. with proof of the filing of the Form I-130.
2. The USCIS forwards the approved Form I-129F petition to the U.S. Consulate abroad.
3. The U.S. Consulate issues the K-3 visa (if the Form I-130 is approved while the K-3 visa petition is pending, then the K-3 beneficiary may opt to continue the K-3 processing).
4. The K-3 spouse enters the U.S. and files the application to adjust status based on marriage to the U.S. citizen petitioner and within 90 days of entering the U.S.