The K-3 Visa allows spouses of United States Citizens to enter the United States on a temporary basis and then apply for a green card. This is a newer and faster way to enter the United States. Instead of applying for an immigrant visa while overseas, you may, if you are legally married, to a United States citizen, apply for a K-3 visa for entry.

You may apply for your K-3 visa only at the consulate in the same country where you held your wedding. If you got married in the United States (perhaps via a visitor visa) once you returned to your home country, you would apply for your visa in the country you now live.

Once you arrive in the United States you would then need to adjust your status and apply for a green card.

The K-3 procedure is a two-step process. First you obtain your K-3 visa which allows you to enter the United States. Second, once in the United States you would need to adjust your status in order to obtain your green card. The K-3 alone does not result in a green card.

In the alternative you may skip the K-3 process and apply for your green card in your home country via the I-130. This would be a one-step process. This process is now taking about the same amount of time as the K-3 process. However, your spouse will enter the United States with a green card instead of just a visa. This is a superior result as you will not have to spend the time, energy and money to obtain a green card for your spouse once he or she arrives (she or he will come into the United States with one already).

If you are contemplating either option you should realize that there are many pitfalls. You should speak to an immigration attorney in order to pick the best option for your circumstances.

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