USA K3 Spouse Visa

Both US visa categories provide a route to a Permanent Resident Card for lawful permanent residence in the USA, or a US Green Card as it is commonly known, and are specifically designed for the married partners of US citizens. For more information on Marriage Based Green Cards, the second option for spousal immigration to the United States, please see the relevant category in the US visas section of this website.

Benefits

Immigration through this type of US visa is intended as a step towards lawful permanent resident status and as such, it will lead to the benefits of an American Green Card for a successful applicant, if the necessary requirements are fulfilled. 

A candidate embarking on this route will be able to seek permission to undertake employment and commence living and working in the USA without the time restrictions that a non-immigrant route would impose. In addition, as a family immigration route, no pre-arranged offer of employment is required for people immigrating to the USA in this class. Family visa routes are based entirely upon connections with a US citizen, and as such, no offer of employment is required.

Eligibility Criteria

The process of applying for a US K-3 Marriage Visa is begun outside the United States but completed within the country. Applications must be made in the country where the foreign spouse resides permanently and the following eligibility criteria must be met:

• Parties must be legally married and able to produce a valid Marriage  Certificate. Unmarried cohabitation is not included in this category and unmarried partners may not sponsor USA visas.
• The sponsoring party must be over 18 years of age in order to sign an affidavit or support.
• In addition, a selection of documentation will be required including the applicant's passport, medical examinations and police clearances, proof of the petitioner's (sponsor's) citizenship, marriage certificate and where applicable documentary evidence of the termination of any previous marriages.

Once a K-3 visa is issued by a foreign US Embassy and the bearer enters the United States, they may begin the process of obtaining their US Green Card and Employment Authorization Document (EAD). Marriages which have existed for less than two years will be open to an initial conditional arrangement. USA Green Cards will initially be granted in these circumstances for a period of two years. If the marriage is still intact, both parties should apply no later than 90 days before the expiry of the two-year period to have this condition removed.

Dependents

The K-3 class is designed as a means to permanent settled status in the USA, allowing existing US citizens to be united with their spouses in America. As the K-3 is a route to permanent residency, it also makes provision for dependent immigration, to encompass the immigration needs of any of the foreign spouses' children. Dependent children of the sponsored applicant may migrate to the USA on a K-4 visa, a non-immigrant route designed to allow the holder to wait in the USA until the immigration process is completed. In order for US K-4 visas to be granted applicants must be the children of valid holders of K-3 American visas. Find out further information on our US Marriage Based Green Cards page.