K-3 Visa: Spouse of a US Citizen Waiting for an I-130

The K-3 is a nonimmigrant visa for a person who:

• Is married to a US citizen. (Spouses of green card holders don't qualify.)
• Is the beneficiary of a Form I-130 that the US citizen has filed.
• Wants to enter the US to wait for the I-130 decision and then finish the green card process inside the US.

The spouse's unmarried children under 21 can get K-4 visas.

Congress created the K-3 in 2000, when I-130 petitions took years. The idea was to let couples live together during the wait.

USCIS says that processing times for Form I-129F (used for the K-3) are often similar to those for the I-130. That matters because of this rule:

• If USCIS approves the I-130 first, or at the same time as the I-129F, the spouse no longer needs a K-3. When the approved I-130 reaches the State Department, an immigrant visa is available right away. The K-3 case is closed, and the spouse applies for an immigrant visa (CR-1 or IR-1) instead.
• If the I-129F is approved first, the K-3 process can continue.

USCIS notes that the I-130 is approved first "in the vast majority of cases," so the State Department rarely issues K-3 visas. For most couples, the best plan is the immigrant visa route described in green card for a spouse of a US citizen and consular processing. The spouse then arrives as a permanent resident, with no further application needed in the US.

1. The US citizen files Form I-130 for the spouse.
2. The US citizen files Form I-129F for the spouse, with a copy of the I-130 receipt notice. List the spouse's children on the I-129F; they don't need their own I-129F.
3. If USCIS approves the I-129F before the I-130, the case goes to the State Department.
4. The spouse completes a nonimmigrant visa application (Form DS-160), has a medical exam, and attends an interview. The spouse must show they won't become a public charge, but doesn't need Form I-864 at this stage. The application is generally made in the country where the marriage took place, or, for marriages in the US, the country where the spouse lives.
5. After entering, the spouse files Form I-485 to adjust status once the I-130 is approved, or continues with an immigrant visa abroad.

For K-4 children to get green cards, the US citizen must also file a separate I-130 for each child. A stepchild qualifies only if the marriage took place before the child turned 18.

• K-3 spouses are admitted for 2 years.
• K-4 children are admitted for 2 years or until the day before they turn 21, whichever comes first.
• Extensions: file Form I-539 in the 120 days before your stay ends, showing that the I-130, I-485, or immigrant visa application is still pending (or good cause why you haven't filed).
• You generally cannot change to another nonimmigrant status.
• K-3 and K-4 holders can apply for a work permit with Form I-765.

• Form I-130: fee on the USCIS fee schedule.
• Form I-129F for a K-3: USCIS says there is no fee when the I-129F is filed for a spouse to get a K-3 visa.
• K visa application fee: $265 per person as of September 2026.
• Visa integrity fee: A $250 visa integrity fee, created by a 2025 law, is charged when a visa is issued. As of September 2026, consulates have rolled it out unevenly, so check your embassy's fee page.
• Medical exam: set by the embassy's panel physician.
• Form I-485 and I-765 (inside the US): see the USCIS fee schedule.

The K-3 is designed as a bridge to a green card. After the I-130 is approved, the spouse files for adjustment of status. If the couple has been married less than 2 years when the green card is approved, the green card is conditional for 2 years. See removing conditions.

2026 policy change. A USCIS policy memo dated May 21, 2026 (PM-602-0199) says people in the US in temporary (nonimmigrant) status should get green cards through adjustment of status only in "extraordinary circumstances," and it applies to pending cases. Talk to a licensed immigration lawyer about how it affects you before you file.

• The I-130 is approved first, so the K-3 case is closed (this is the most common outcome, and not a denial).
• The marriage is not shown to be genuine or legally valid.
• The spouse is inadmissible because of criminal, health, or immigration history. See visa denials and waivers.

2026 notes. Consulates handle K visas in their immigrant visa sections, and a worldwide freeze on immigrant visa interviews began on August 25, 2026. Check with your embassy. Travel ban. Proclamation 10998 took effect on January 1, 2026, and has no end date. It limits visas for nationals of 39 countries: for 19 countries it suspends almost all visas, and for the other 20 it suspends immigrant visas plus B, F, M, and J visas. USCIS is also holding many pending cases from these countries for extra review. Check Travel ban status before you pay fees or book travel.