NonimmigrantFamily-basedRarely issuedForm I-129FRequires pending I-130

K-3 Spouse of a U.S. Citizen (Nonimmigrant)

A nonimmigrant visa that lets the spouse of a U.S. citizen wait in the United States for a pending Form I-130 — rarely issued because the I-130 is usually approved first.

Last reviewed Oct 1, 2026Sources: USCIS · Department of StateReport an error

At a glance

Who files: U.S. citizen spouse: Form I-130, then Form I-129F
I-129F fee for K-3: $0
I-130 fee: $675 paper / $625 online
Visa application fee: $265
Admission period: 2 years; extendable in 2-year steps
Children: K-4 (unmarried, under 21)

Usually overtaken by the I-130. USCIS says that once the I-130 is approved the spouse is no longer eligible for a K-3, that this happens in the vast majority of cases, and that the State Department therefore rarely issues K-3 and K-4 visas (USCIS). Most couples end up with an IR-1 or CR-1 immigrant visa instead. Separately, Proclamation 10998 (effective Jan. 1, 2026) fully suspends both immigrant and nonimmigrant entry for nationals of 19 countries (including Afghanistan, Burma, Haiti, Iran, Laos, Somalia, Sudan, Syria and Yemen) and for Palestinian Authority travel-document holders, so K visas are suspended for them. For the 20 partially restricted countries the nonimmigrant suspension covers only B, F, M and J visas, so K visas are not suspended, but immigrant entry — the later Green Card step abroad — is.

Overview

The K-3 classification was created by the LIFE Act provisions of Public Law 106-553 for spouses of U.S. citizens who are abroad and waiting for a Form I-130 decision. The idea was to shorten the separation by letting the spouse enter as a nonimmigrant and finish the Green Card process from inside the United States.

In practice the K-3 only matters if USCIS approves the K-3 Form I-129F before the I-130. If the I-130 is approved first or at the same time, the spouse must instead apply for an immigrant visa. When a consulate receives a K-3 petition, it checks whether the I-130 is already approved; if so, it refuses the K-3 application under INA 221(g) and keeps the I-129F on file until the approved I-130 arrives for immigrant visa processing (9 FAM 502.7-3).

If the couple married outside the United States, the K-3 visa must be issued by a consulate in the country where the marriage took place.

Who qualifies

The spouse must

Be married to a U.S. citizen.
Be the beneficiary of a Form I-130 filed by that citizen (pending; a denied I-130 ends K-3 eligibility).
Be the beneficiary of a Form I-129F filed for K-3 classification, supported by the I-130 receipt notice and the marriage certificate.
Seek to enter the United States to await the I-130 decision, and be admissible.

Duration & extensions

K-3 / K-4 visa	Multiple entry, generally valid 24 months (9 FAM 502.7-3)
K-3 admission	2 years
K-4 admission	2 years or until the day before the 21st birthday, whichever is shorter
Extensions	Form I-539 in the 120 days before expiry, in 2-year increments, if the I-130, I-485 or immigrant visa application is pending, or with good cause for not having filed after the I-130 was approved (USCIS)
Automatic termination	30 days after an I-130 or I-485 denial, an immigrant visa denial, or divorce/annulment

Fees

The K-3 route requires both petitions. USCIS fees are from the 10/01/26 fee schedule; the visa fee is from the State Department schedule.

Fee	Amount	Who pays	Notes
Form I-130	$675 paper / $625 online	U.S. citizen	A separate I-130 is needed for each child before the child can get a Green Card.
Form I-129F (for K-3)	$0	U.S. citizen	No fee when filed for a spouse based on a filed I-130.
K visa application (MRV) fee	$265	Spouse and each K-4 child	Item 21(d), 22 CFR 22.1.
Form I-485 (in the U.S.)	$1,440 paper / $1,390 online	Spouse	Can be filed while the I-130 is pending.
Form I-539 extension	$470 paper / $420 online	Spouse	Only if needed to extend K status.

Public Law 119-21 created a $250 Visa Integrity Fee for nonimmigrant visas; DHS’s July 22, 2025 Federal Register notice said it would be implemented in a future publication, and as of Oct. 1, 2026 no implementation notice was found and the fee is not listed on the State Department fee page.

Processing time

Typical outcome: I-130 decided first; USCIS says this occurs in the vast majority of cases.

USCIS describes I-129F and I-130 processing times as often comparable. Compare both forms at egov.uscis.gov/processing-times; no fixed timeframe applies.

Application steps

1
File Form I-130
The U.S. citizen files Form I-130 for the spouse and receives a Form I-797 receipt.
2
File Form I-129F for K-3
File together with or after the I-130, including the I-797 receipt and marriage certificate; list the spouse’s children for K-4.
3
Watch which petition is approved first
If the I-130 is approved first, the case continues as an immigrant visa (IR-1/CR-1). If the I-129F is approved first, it goes to the State Department.
4
Apply for the K-3 visa
Complete DS-160, the medical exam and the interview; Form I-864 is not required for the K-3, but evidence against public charge is.
5
Enter and adjust status
After admission, the spouse may file Form I-485 at any time; adjustment can be approved only once the I-130 is approved.

Required documents

With the K-3 I-129F

Form I-797C receipt for the I-130 (unless the forms are filed together).
Marriage certificate issued by the civil authority.
Proof of the petitioner’s U.S. citizenship and termination of any prior marriages.
Passport-style photos of both spouses taken within 30 days.

For the visa interview

Passport, civil documents and police certificates.
Panel physician’s medical report.
Evidence of financial support (Form I-864 cannot be required at this stage).

Dependents & family

Unmarried children under 21 of the K-3 spouse can receive K-4 visas without a separate I-129F if listed on the parent’s petition.

A K-4 must be issued within one year of the parent’s K-3 visa; no extensions of that deadline are possible (9 FAM 502.7-3).

Each child needs a separate Form I-130 to get a Green Card, and a stepchild relationship exists only if the child was under 18 at the time of the marriage. If the spouse’s I-130 is approved first, a K-4 child cannot travel with the parent unless the child’s own I-130 is approved too.

Path to a green card

K-3 and K-4 holders get a Green Card by adjusting status based on the I-130, or by completing the immigrant visa process abroad.

Step 1

File Form I-485

Include Form I-864 from the citizen spouse; approval requires an approved I-130.

Step 2

Work

K-3 and K-4 holders are employment-authorized incident to status; an EAD can be requested with Form I-765.

Step 3

Conditional residence

Marriages under 2 years at approval lead to a 2-year Green Card; file Form I-751 in the 90 days before it expires.

Travel abroad on a valid K-3/K-4 visa is possible; advance parole is needed only if the visa will have expired on return and an I-485 is pending.

IR-1

Spouse of a U.S. citizen

The immigrant visa most K-3 cases become.

CR-1

Conditional spouse of a U.S. citizen

For marriages under 2 years at admission.

K-1 / K-2

Fiancé(e) of a U.S. citizen

For couples not yet married.

V-1 / V-2 / V-3

LIFE Act spouse/child of a permanent resident

The parallel 2000-era category for LPR families.

Common questions

Is the K-3 worth filing?

USCIS says the I-130 is approved before or with the I-129F in the vast majority of cases, at which point the K-3 is no longer available and the spouse needs an immigrant visa. The K-3 I-129F carries no USCIS fee.

Can a K-3 spouse work?

Yes. K-3 and K-4 holders are authorized to work based on their status and may file Form I-765 to get an EAD as evidence.

Where must the K-3 visa be issued?

If the marriage took place outside the United States, the statute requires the visa to be issued in the country where the marriage occurred.

Official sources

Recent changes

Sep 18, 2026
New Form I-485 edition (09/18/26) required, no grace period. USCIS revised Form I-485 to apply the new public charge final rule. Adjustment applications postmarked or electronically submitted on or after Sept. 18, 2026 must use the 09/18/26 edition; the 01/20/25 and 09/04/26 editions are rejected. Source ↗
Aug 31, 2026
New Form I-864 edition (08/24/26) required from Oct. 1, 2026. USCIS published a new edition of the Affidavit of Support with a credit-report privacy release. After a 30-day grace period, USCIS accepts only the 08/24/26 edition for filings postmarked or submitted on or after Oct. 1, 2026. Source ↗
Aug 24, 2026
Court enjoins USCIS adjudication holds for nationals of 39 countries. In Red Eagle Law v. Edlow (N.D. Cal.), the court enjoined PM-602-0192 and PM-602-0194 and certified a class; USCIS says it will adjudicate covered applications in the normal course while litigation continues. Source ↗
Jul 20, 2026
DHS rescinds the 2022 public charge rule (effective Sept. 18, 2026). Final rule restoring broader officer discretion in public charge determinations. It applies to applications for admission made, and adjustment applications postmarked or submitted, on or after Sept. 18, 2026. Source ↗
Jun 5, 2026
Court vacates USCIS hold policies on pending applications. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.), the court vacated PM-602-0192, PM-602-0194 and PA-2025-26 (final judgment June 11, 2026). USCIS says it will follow the order pending possible further review. Source ↗
Dec 16, 2025
Proclamation 10998 expands entry restrictions to 39 countries (effective Jan. 1, 2026). Suspends immigrant entry for nationals of every listed country and removes the broad family-based immigrant visa exception that Proclamation 10949 had contained; remaining exceptions are narrow, plus case-by-case national-interest exceptions. Source ↗
Oct 17, 2025
Policy alert PA-2025-23 on spousal petitions. USCIS Policy Manual guidance on which marriages are recognized (including proxy and virtual marriages) and on reviewing marriage bona fides at both the petition and adjustment stages; effective immediately for pending and new petitions. Source ↗
Apr 1, 2024
USCIS fee rule takes effect. The fee schedule final rule (89 FR 6194, published Jan. 31, 2024) set current family-based fees, including separate online and paper fees for Form I-130 and folding biometrics into the filing fees. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.