Immigrant Visas
How to Begin the K-3/K-4 Visa Process
What is a K-3 visa?
A K-3 visa is technically a nonimmigrant visa. Because the process is similar to that of an immigrant visa, however, the Immigrant Visa Unit of the U.S. Embassy in Colombia handles K-3 visas. The K-3 visa is for spouses of U.S. citizens where a Form I-130 (Petition for Alien Relative) has been filed but has not yet been approved by U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security or has been approved by USCIS but has not yet been received by the Immigrant Visa Unit. This type of visa allows the holder to travel to the United States and then become a legal permanent resident via adjustment of status. K-4 visas are for the children of K-3 applicants.
How do I obtain a K-3 visa?
Your U.S. citizen spouse must file a Form I-130 (Petition for Alien Relative) by mail at the U.S. Citizenship and Immigration Services (USCIS) Service Center in the United States with jurisdiction over your spouse’s place of residence. Your spouse will then receive a Form I-797 (Notice of Action) stating that the Form I-130 has been received by USCIS. Your spouse must send a Form I-129F (Petition for Alien Fiancé(e)) and the Form I-797 with the appropriate fee to the following address:
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
PO Box 7218
Chicago IL 60680-7218
Once your spouse has filed a petition for you, you may check its status by accessing the USCIS Case Status Search Page.
USCIS forwards the approved Form I-129F to the Department of State’s National Visa Center, which then sends it to the Immigrant Visa Unit of the U.S. Embassy in Colombia. The Immigrant Visa Unit will send you a Package of Instructions for K-3/K-4 Applicants.Please follow the instructions exactly. Failure to do so could result in a delay in your case and could even cause you to lose your chance to live and work in the United States.
The consular officer cannot decide whether or not to issue you a visa until you formally apply and are interviewed. Therefore, we strongly recommend that you NOT make non-refundable flight arrangements or other travel plans until and unless you actually receive your visa.
Once you enter the United States on a K-3 visa, you and your U.S. citizen spouse must contact USCIS to change your status to that of legal permanent resident. The change of status is NOT automatic.
Important note: The law generally requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued by a consular officer in the foreign state in which the marriage occurred.