Foreign National Spouses Living Overseas (K-3 Visas)

If the spouse of a U.S. citizen lives overseas, he or she can obtain a K-3 visa, which is a variant of the Fiancé or K-1 visa, to enter the United States. (Accompanying children of the alien spouse can obtain K-4 visas.)

The benefit of obtaining a K-3 visa over visa processing an Immigrant Visa Application at a U.S. embassy or consulate is that K-3 visas usually will be issued faster than Immigrant Visas; the drawback is that once the foreign national spouse arrives in America, he or she will have to file an Application to Adjust Status (Form I-485) to become a lawful permanent resident (LPR) and get a greencard.

To obtain a K-3 Visa, the U.S. citizen spouse will first have to file a Petition for Alien Fiancé (Form I-129F) and Petition for Alien Relative (Form I-130) with the appropriate USCIS Service Center, along with proof that the petitioner is a U.S. citizen, the beneficiary is who he or she claims to be, a marriage between the petitioner and beneficiary occurred, and all prior marriages were terminated, among other criteria.

After the Petition for Alien Fiancé (Form I-129F) is approved, USCIS will forward the file to the appropriate U.S. embassy or consulate. There, the alien spouse will apply for the K-3 Visa. This will involve filing most of the forms involved in filing for a Fiancé Visa. If the application is approved, the foreign national spouse and his or her minor unmarried children will receive K-3 or K-4 Visas, which will allow them to enter the United States.

Therefore, assuming that the Petition for Alien Relative (Form I-130) is approved, the alien spouse can file an Application to Adjust Status (Form I-485) to complete the green card process and become an LPR once he or she arrives in America.