K3 Visas: Spouses

The U.S. Congress created the K3 visa category in 2000 in an effort to reunite U.S. citizens and their foreign national spouses and children while their immediate relative petitions are being processed.  Petitioners seeking to apply under this category may file an I-129F petition for the K3 visa after filing an I-130 petition for the CR1 visa. 

Minor children (unmarried and under 21 years of age) of a K3 applicant may derive immigration benefits from the same I-129F petition and be issued a K4 visa.  These children CANNOT derive benefits from the same I-130 petition as their birth parent, and so petitioners will need to make sure to file separate I-130 petitions for each stepchild.

Since it can often take a long time to adjust from K3 to IR1/CR1 status in the United States, beneficiaries will usually opt to pursue their IR1/CR1 petition instead of their K3 petition when the former has arrived at the Consulate by the time of their interview.

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