Navigating the complexities of U.S. immigration law can be daunting, especially when it comes to securing a visa that will reunite you with your spouse. At Henry & Grogan, we specialize in providing comprehensive K-3 marriage visa assistance in Philadelphia and beyond. Our experienced legal team is dedicated to helping you and your spouse start your life together in the United States as quickly and smoothly as possible.

Contact us today to schedule a consultation and learn more about how our K-3 marriage visa lawyers can assist you and your spouse. Together, we can make your journey toward a united family a reality!

What’s a K-3 Marriage Visa?

A K-3 non-immigrant visa is a visa for the foreign-citizen spouse of a U.S. citizen. It’s meant to reduce the time that married couples are forced to live apart while waiting for the approval of an immigrant petition (Form I-130) and the spouse’s immigrant visa or green card. 

Later, once the immigrant petition is approved, the K-3 spouse can apply for a marriage-based green card either through adjustment of status in the U.S. or consular processing, depending on the circumstances.

Because immigration rules and processing trends change over time, it’s very important to talk to an experienced K-3 marriage visa lawyer in Philadelphia, PA, about whether the K-3 route still makes sense for your situation or whether a different strategy (such as a direct immigrant spousal visa) might be faster or more practical.

K-3 Visa Qualifications

The qualifications for a K-3 visa are straightforward:

• One spouse must be a U.S. citizen.
• The petitioner must be 18 or older and legally married to their non-citizen spouse.
• Neither the citizen spouse nor the foreign spouse can be currently legally married to someone else.
• The petitioner must have permanent residence in the U.S.

Our family immigration lawyers can assist with both the K-3 visa process and other immigration law needs.

How to Apply for a K-3 Visa

The K-3 process involves several steps and coordination between the United States Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and a U.S. embassy or consulate abroad. The process typically includes:

• Filing Form I-130 (Petition for Alien Relative): The U.S. citizen spouse files Form I-130 with USCIS to establish the qualifying relationship and start the immigrant visa process.
• Filing Form I-129F (Petition for Alien Fiancé(e)) for K-3 Classification: After filing the I-130, the U.S. citizen spouse files Form I-129F, this time listing their spouse in order to request a K-3 visa classification.
• Waiting for USCIS Processing & Approval: USCIS reviews the I-129F petition. If approved before the I-130 is completed, the case is forwarded to the NVC and then to the appropriate U.S. embassy or consulate abroad.
• Waiting for Consular Processing: Your spouse completes the online visa application (DS-160), attends a medical exam, and appears for a visa interview at the U.S. embassy or consulate. The consular officer reviews eligibility and supporting documentation.
• K-3 Visa Issuance & Entry to the U.S.: If approved, your spouse receives the K-3 visa, travels to the United States, and is admitted as a K-3 nonimmigrant.
• Applying for a Green Card: Once the underlying I-130 is approved and a visa is available, your spouse can pursue a marriage-based green card through adjustment of status in the U.S. or through consular processing, depending on the case.

Each step involves detailed forms, documentation, and strict deadlines. Missing information or errors in the documents can cause delays or denials. This is why it’s important to have the guidance of experienced K-3 marriage visa lawyers in Philadelphia.

Why You Should Hire a K-3 Visa Lawyer in Philadelphia, PA

Immigration forms may look straightforward, but behind each question is a complex set of rules, documentation requirements, and potential risks. Working with a marriage visa lawyer at Henry & Grogan can offer several advantages:

• A Personalized Strategy: An attorney can compare the K-3 option against other routes (such as direct immigrant spousal visas (CR-1/IR-1)) to determine what makes the most sense for your family. 
• Accurate, Complete Filings: Your lawyer will help reduce mistakes on the I-130 and I-129F forms to save you time and money. 
• Preparation for the Interview: Many people find consular interviews stressful. Your K3 visa attorney can help your spouse understand what to expect, what documents to bring, and how to answer questions clearly and honestly.
• Support if Complications Arise: Prior immigration issues, criminal records, or other complications may require waivers or additional legal arguments. Having a legal advocate in your corner is critical in these situations.
• Clear Communication and Peace of Mind: Instead of trying to interpret shifting immigration policies on your own, you can rely on professionals who focus on this area of law every day.

Benefits of a K-3 Visa

There are many reasons to fill out a K-3 immigrant visa application, including but not limited to:

Expedited Process Compared to Other Immigration Methods

The K-3 visa is designed to allow foreign nationals married to U.S. citizens to enter the United States and acquire a green card more quickly compared to other types of family-based immigration petitions. This can significantly reduce the waiting time for couples who wish to be reunited.

Spouses Get the Same Immigration Benefits as Family Members

Once in the U.S., a K-3 visa applicant will receive many of the same immigration benefits as those given to other foreign family members of a U.S. citizen under immigration law. This includes the ability to apply for employment authorization based on temporary legal status, as well as the eventual adjustment of status to permanent resident.

A K-3 visa applicant is eligible to apply for Employment Authorization Documents (EAD) during the K-3 visa application process, allowing him or her to legally work in the United States even while they have a pending form for adjustment of status.

Same-Sex Couples Can File for a K-3 Visa

A U.S. citizen can petition for a non-citizen spouse or fiancé(e) of the same sex who is living abroad to be allowed to live and work permanently in the U.S. It is also important to note that U.S. Citizenship and Immigration Services (USCIS) will recognize same-sex spouses as legally married in any state or country where the marriage occurred, including marriages in foreign countries.

Contact Our Attorneys Today to Discuss Your K-3 Visa!

If you have questions about the process of bringing a foreign citizen spouse into the U.S, are curious about the difference between an immigrant visa and a non-immigrant visa, or are wondering how K-3 visas affect minor children and other family members, reach out to Henry & Grogan today for K-3 marriage visa assistance in Philadelphia.

During a consultation with one of our experienced K-3 visa attorneys, we can answer your questions and recommend the best steps to take next. Call or use the contact form to schedule a meeting.

Frequently Asked Questions About Spousal Visas

How are marriage visas and fiancé visas different?

If you’re wondering what the difference is between marriage and fiancé visas, our attorneys are here to provide guidance.

A K-1 fiancé visa is for couples who are engaged but not yet married. The foreign fiancé comes to the U.S. on a K-1 visa, and the couple must marry within 90 days of arrival. After the wedding, the foreign spouse applies for a green card through adjustment of status. 

A marriage visa, on the other hand, involves couples who are already legally married. Several different “marriage visa” paths exist, including:

• K-3 marriage visas, which are nonimmigrant visas allowing the foreign spouse of a U.S. citizen to come to the U.S. temporarily while waiting on the immigrant petition. 
• Immigrant spousal visas (such as CR-1 or IR-1), which provide permanent resident status upon entry to the U.S.

The right option for you depends on your current relationship status, where you want to marry (inside or outside the U.S.), and your overall timing and goals.

What are the general requirements to get a marriage green card?

While situations and requirements can vary, some of the main requirements for a marriage-based green card generally include: 

• A valid, bona fide marriage. The marriage must be legally valid, and the relationship must be genuine.
• A qualifying sponsor. Typically, the sponsoring spouse must be a U.S. citizen and must file the appropriate petition (such as Form I-130).
• Financial support. The U.S. citizen or resident spouse usually must show sufficient income or assets by submitting an Affidavit of Support.
• Admissibility to the U.S. The foreign spouse must not be barred from entering the U.S. for reasons such as certain criminal issues, prior immigration violations, or other grounds, unless a waiver is available.
• Completion of required forms and interviews. This includes submitting applications, undergoing medical exams, attending biometrics appointments, and appearing for one or more immigration interviews.

Because green card eligibility can be affected by many factors, speaking with a marriage visa lawyer is one of the best ways to understand your specific requirements and options.

Do I still need a K-3 if my I-130 is moving quickly?

In some cases, the K-3 process becomes unnecessary if USCIS approves the I-130 immigrant petition before the K-3 application is completed. In those situations, the case often converts to standard immigrant visa processing instead. 

A spouse visa lawyer can analyze current processing times and trends and help you decide whether pursuing a K-3 is practical or whether focusing on a direct spousal immigrant visa might be simpler and faster.

Can a K-3 spouse work in the United States?

Yes. After entering the U.S. on a K-3 visa, your spouse may apply for work authorization by filing Form I-765. Once approved, they can lawfully work in the United States while they wait for their green card process to be completed.