K-3 Spouse Visa in Ontario: Bringing Your Spouse to America Faster
Understanding the K-3 non-immigrant spouse visa option
Quick Answer
For U.S. citizens in Ontario and the Inland Empire married to foreign nationals, the long wait for an immigrant visa can be difficult. The K-3 spouse visa was designed to bring spouses to America faster while their green card application processes, though its use has changed over time.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For U.S. citizens in Ontario and the Inland Empire married to foreign nationals, the long wait for an immigrant visa can be difficult. The K-3 spouse visa was designed to bring spouses to America faster while their green card application processes, though its use has changed over time.
What is the K-3 Spouse Visa?
Key features:
• Non-immigrant visa allowing entry to U.S.
• Allows spouse to wait in U.S. for green card
• Can apply for work authorization while waiting
• Children can come on K-4 visa
K-3 vs. CR-1/IR-1 Immigrant Visa
| Feature | K-3 (Non-Immigrant) | CR-1/IR-1 (Immigrant) |
|---|---|---|
| Entry Status | Non-immigrant (temporary) | Immigrant (permanent resident) |
| Green Card | Must adjust status after entry | Green card upon entry |
| Processing | Two steps (K-3 + AOS) | One step process |
| Work Authorization | Must apply for EAD | Automatic with green card |
| Current Use | Rarely issued now | Standard process |
Why K-3 is Rarely Used Today
• CR-1/IR-1 processing has gotten faster
• K-3 requires two separate applications (I-130 + I-129F)
• USCIS now typically approves the immigrant visa before K-3
• K-3 no longer offers the speed advantage it once did
• Many embassies don't issue K-3 if immigrant visa is available
When K-3 Might Still Be Used
- •When I-130 is pending and K-3 petition filed early
- •In rare cases where K-3 processes faster
- •When couple wants spouse in U.S. before immigrant visa ready
- •In countries with specific processing circumstances
K-3 Requirements
- •You (petitioner) are a U.S. citizen
- •You are legally married to the beneficiary
- •You have filed Form I-130 for your spouse
- •Your spouse is outside the United States
- •You file Form I-129F (K-3 petition)
- •Marriage is genuine (not for immigration purposes only)
The K-3 Process
- 1File I-130
Submit immigrant visa petition for spouse with USCIS
- 2File I-129F
Submit K-3 petition after I-130 is filed
- 3USCIS Processing
Wait for I-129F approval
- 4NVC Processing
Case transfers to National Visa Center
- 5Embassy Interview
Spouse interviews at U.S. embassy
- 6Enter U.S.
Spouse enters on K-3 visa
- 7Adjust Status
File I-485 to get green card
K-4 Visa for Children
• Must be unmarried children under 21
• Included on the K-3 petition or can petition separately
• Can attend school in the U.S.
• Can apply for work authorization if over 18
• Must adjust status with parent
Better Alternatives Today
• CR-1: For spouses married less than 2 years (conditional resident)
• IR-1: For spouses married 2+ years (immediate permanent resident)
These options provide green card status upon entry, avoiding the need for adjustment of status.
FAQFrequently Asked Questions
Q:Should I file for K-3 or just wait for the immigrant visa?
A: In most cases, waiting for the CR-1/IR-1 immigrant visa is better. The K-3 rarely offers advantages anymore since immigrant visa processing has improved significantly.
Q:Can my spouse work on a K-3 visa?
A: K-3 holders must apply for an Employment Authorization Document (EAD). Unlike immigrant visa holders, work authorization is not automatic.
Q:How long can my spouse stay on K-3?
A: K-3 status is valid for 2 years and can be extended. However, the goal is to adjust to permanent resident status as soon as possible.
Q:What if my K-3 is denied?
A: If K-3 is denied but your I-130 is approved, your spouse can still get an immigrant visa through the normal CR-1/IR-1 process.
Q:Is K-3 faster than immigrant visa?
A: Not anymore. When K-3 was created in 2000, it was faster. Today, CR-1/IR-1 processing is often similar or faster than K-3.
Need Help Bringing Your Spouse to Ontario?
Our team helps couples understand their options and choose the best path for spousal immigration.
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