K3 Nonimmigrant Visa for a Spouse Application Submitted
November 21st, 2023
The K3 visa is another route to obtain a marriage green card through a visa for your spouse over seas. The K3 visa is different from the CR1 visa in that the CR1 visa begins with Form I-130 “Petition for Alien Relative.” The K3 visa begins with Form I-129F “Petition for Alien Fiance” and can only be filed AFTER filing OR concurrently filing form I-130. Form I-130 can be used for any relative where as the K3 must be for a fiance or, in our case, a spouse. In the situation of the K3 visa, the petitioner must also be a United States citizen where as a US legal resident can only apply for the CR1 Spousal Visa.
The K3 visa was created years ago when the I-130 immigration process for a spouse took far longer than it does today. It now rarely applies like it did previously and, therefore, there are not many K3 visas that are ever granted. Estimates hover around only 10 approved K3 visas annually.
The K3 visa, if awarded, allows the foreign spouse to immediately come to the US and complete his/her green card process in the US through an “adjustment of status” period. This is similar to the route that will be taken if the K1 Fiance Visa is selected. The K3 visa process is much more like the K1 visa process only the couple begins the process married as opposed to engaged.
The K3 visa application is not terribly difficult and it requires less than the form I-130, however, the K3 visa can only be submitted via mail. The requirements for the K3 visa application are:
completed Form I-129F “Petition for Alien Fiance,” signed by petitioner specifically “by hand and in black ink,”
Form I-797C “Notice of Action” (proof that your I-130 has been received. We chose to also include our receipt of I-130 notice that was available for download immediately after submission of our I-130 in my USCIS portal),
completed Form G-1145 “E-Notification of Application/Petition Acceptance” (only if desired. If so, it MUST be “clipped to the front of your application submission”),
information from the foreign spouse’s arrival-departure record (Form I-94, if applicable),
proof that the petitioner is a United States citizen (for us, that is my birth certificate),
copy of petitioner’s passport,
marriage certificate,
one color passport photo of both Jessica and myself meeting the requirements listed on the USCIS website (2”x 2”, “photo paper, must be taken within 30 days of submission, and must write name and A-number, if applicable, in pencil or blank ink on the back of each photo”)
Because all of this must be submitted by mail, we figured that they will most likely require official documents and not simple copies although it did not specify. I fortunately planned for this and had an additional official copy of our marriage certificate. I already have an official copy of my birth certificate in my possession as it can take up to a month to obtain a new copy from Los Angeles County. I decided to submit the one in my possession and to worry about getting a new copy later. Forms I-129F and G-1145 are conveniently accessible on the USCIS website and form I-797C was received in the mail eight days after submitting form I-130.
“Digital Photo Printing & Studio” in Glendale, CA
I visited Digital Photo Printing & Studio in nearby Glendale for the passport photos (https://digital-photo-printing-studio.business.site/). We specifically used the same photos from our I-130 application as these photos fulfilled the “photos must be taken within 30 days'“ requirement.
Finally, we printed a copy of my passport along with a copy of record of Jessica’s most recent arrival-departure to Los Angeles. The total amount we spent on this part of the process comes out to roughly $47; $21 for the passport photo prints, $11 for other print costs, and $15 for shipping costs through UPS. I elected a tracking option to ensure the delivery of our application to the desired address (*important note: there is a separate PO box delivery address if using the United States Postal Service and a separate address if using another service such as UPS, FedEx, or DHL). A copy of an official birth certificate in Los Angeles County will cost $32.
Our total invested in our marriage green card journey is currently at $705. With subtracting the fourth marriage certificate purchased and adding the cost of an official birth certificate should one be needed, the total would be $720.
Pay close attention to the instructions on how to file. There is a pdf download titled, “Instructions for Form I-129F,” a “checklist of required initial evidence,” and “special instructions” all located on the USCIS website (https://www.uscis.gov/i-129f). There are small details to be aware of such as printing the names and A-number (if applicable) on the back of the passport photos in pencil or black ink, exclusively signing the form I-129F in black ink, and specifically “clipping” the G-1145 to the very front of the submission if it is included.
Our K3 Nonimmigrant Visa for a Spouse application was mailed the evening of November 21st, 2023, nine days after submitting our form I-130.
Even though our chances of obtaining a K3 visa are slim, it helps that even denial may speed up the process. Positivity is very important for both the petitioner and the beneficiary throughout this experience because, as one can imagine, it is not easy.
Wish us luck.