For U.S. citizens seeking to reunite with their foreign spouses and children, the landscape of U.S. immigration offers several pathways. Among these, the K-3/K-4 visa program exists, designed to bridge the separation gap while a permanent immigrant visa petition is pending. However, in 2025, its role has significantly diminished, making it a rarely used, almost obsolete, option for most couples. Let’s explore the K-3/K-4 program, its original intent, and why its relevance has waned.

What are the K-3 and K-4 Visas?

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a U.S. citizen. Its primary purpose was to allow the foreign spouse to enter the U.S. quickly and reside here while their Form I-130 (Petition for Alien Relative) immigrant visa petition, filed by the U.S. citizen, was being processed. This was intended to reduce the lengthy periods of family separation.

The K-4 nonimmigrant visa is for the unmarried, minor children (under 21) of a K-3 visa applicant, allowing them to accompany their parent to the U.S.

The K-3/K-4’s Decline: Why It’s Rarely Used in 2025

The K-3 visa was enacted by Congress in 2000 to address the substantial backlog and long processing times for Form I-130 petitions. At that time, it could take years for an I-130 to be approved, leaving spouses separated for extended periods.

However, over the past decade, and particularly by 2025, USCIS and Department of State processing for the direct immigrant visa for spouses (the CR1/IR1 visa, obtained through an approved I-130) has become significantly more efficient.

The critical point in 2025 is that the processing time for the K-3 visa’s underlying petition (Form I-129F) is often comparable to, or even longer than, the processing time for the direct immigrant visa petition (Form I-130 and subsequent consular processing).

This means that by the time a K-3 visa might be issued, the immigrant visa (CR1/IR1) is frequently already available, or imminent. If the I-130 is approved before or at the same time as the I-129F (K-3 petition), the need for a K-3 visa effectively becomes moot, and the case typically proceeds directly to immigrant visa processing.

In essence, the K-3 visa has largely fulfilled its purpose by indirectly prompting faster processing elsewhere, making itself largely unnecessary.

K-3/K-4 Visa Eligibility Requirements

Despite its limited utility, understanding the theoretical eligibility is important:

For the U.S. Citizen Petitioner:

1. U.S. Citizenship: You must be a U.S. citizen.
2. Legal Marriage: You must be legally married to your foreign spouse.
3. Pending I-130: You must have already filed Form I-130, Petition for Alien Relative, for your foreign spouse, and this petition must still be pending with USCIS.
4. Residency: Your spouse must reside outside the United States.
5. Financial Support: You must meet the income requirements, similar to other family-based visas, by filing an Affidavit of Support (Form I-864) to show you can financially support your spouse.

For the Foreign Spouse (K-3 Applicant):

1. Legal Marriage: Must be legally married to the U.S. citizen petitioner.
2. Beneficiary of Pending I-130: Must be the beneficiary of the pending Form I-130 filed by the U.S. citizen spouse.
3. Admissibility: Must be admissible to the U.S. (pass background checks, medical examination, etc.).

For Children (K-4 Applicants):

1. Relationship: Must be the biological or adopted child of the K-3 applicant.
2. Age/Marital Status: Must be unmarried and under 21 years of age.
3. Stepchildren: Stepchildren can also qualify for a K-4 if the marriage between their parent and the U.S. citizen occurred before the child turned 18.
4. Pending I-130: Each child must also be the beneficiary of a pending I-130 petition filed by the U.S. citizen stepparent/parent to eventually obtain their Green Card.

The K-3/K-4 Application Process (Theoretically)

If you were to pursue a K-3/K-4 visa, the process generally involves these steps:

Step 1: File Form I-130, Petition for Alien Relative

• The U.S. citizen spouse files Form I-130 with USCIS for their foreign spouse (and separate I-130s for each eligible child). This is the underlying immigrant petition.

Step 2: File Form I-129F, Petition for Alien Fiancé(e) (Yes, the same form!)

• After receiving the I-130 receipt notice, the U.S. citizen then files Form I-129F, Petition for Alien Fiancé(e), for their spouse (and lists any K-4 eligible children on this same form).
• No fee is required when filing Form I-129F for a K-3 spouse.
• This form tells USCIS that you want to bring your spouse and children to the U.S. while the I-130 is still pending.

Step 3: USCIS Approval and NVC/Consular Processing

• If USCIS approves the I-129F before the I-130, the petition is sent to the National Visa Center (NVC), then forwarded to the U.S. Embassy or Consulate in the foreign spouse’s country.
• The foreign spouse (and children) then undergo consular processing: submitting the DS-160 online nonimmigrant visa application, attending a medical exam, gathering civil documents, and attending a visa interview.

Life After U.S. Arrival (If a K-3/K-4 Visa is Issued)

If your spouse and children are indeed issued K-3/K-4 visas and enter the U.S.:

• Period of Admission: K-3/K-4 holders are generally admitted for a two-year period, or until the K-4 child turns 21 (whichever comes first). Extensions are possible if the underlying I-130/I-485 is still pending.
• Work Authorization: K-3/K-4 visa holders are eligible to apply for an Employment Authorization Document (EAD) by filing Form I-765, allowing them to work in the U.S.
• Travel Authorization: They can travel outside the U.S. and re-enter using their valid K-3/K-4 visa.
• Adjustment of Status (AOS): Once the underlying I-130 petition is approved, the K-3 spouse and K-4 children can apply for lawful permanent residency by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This allows them to obtain their Green Card without leaving the U.S.

Choosing between the K-3/K-4 path and the direct CR1/IR1 immigrant visa can be confusing. Processing times constantly fluctuate, and the specific circumstances of your case (e.g., country of origin, complexity of relationship documentation) can influence the best strategy. At LforLaw, our experienced immigration attorneys stay abreast of the latest processing times and policy changes. Don’t navigate the complexities of spousal immigration alone. Partner with LforLaw to ensure your family’s reunion is as smooth and swift as possible. Contact us today for a comprehensive consultation.