K3 Visa for Filipino Citizens
The K3 Visa is designed for spouses of US citizens who want to move to the United States. As a stepping stone to the Spouse Green Card, this visa allows temporary residence in the country.
To find out how you can access the K3 Visa from the Philippines, call Total Law on +1 844 290 6312. We know all there is to know about moving from the Philippines to the US, and we would love to share our expertise with you.
What is a K3 Visa?
The K3 Visa is a non-immigrant spouse visa for people with a US citizen husband or wife. It allows couples to live together temporarily before the non-US citizen partner (in this case, the Filipino partner) is granted permanent US residence.
There is a prerequisite for all K3 Visa holders to have an immigration visa petition on file. This is because the K3 Visa is used as a means to access a Spouse Visa (IR1/CR1), so there must be evidence of an application for permanent residence.
Once a K3 Visa has been obtained, it is valid for a period of two years. Additional 2-year extensions can be requested via Form I-539 (Application to Extend/Change Nonimmigrant Status).
K3 Visa Requirements
To be eligible for this visa, the applicant must be a non-US citizen living outside the United States and legally married to a US citizen. Any dependents that the applicant is planning on taking to the US must be unmarried and under 21 years old.
The spouse who lives in the US must prove that their income is sufficient to sponsor their partner. USCIS will look at their adjusted gross income on their latest tax return and check that the amount is at least 100 per cent of the Federal Poverty Guidelines. For a two-person household, this is currently $19,720.
Finally, there must be evidence of a spousal sponsorship application with USCIS. If the application has been rejected, the K3 Visa will not be approved.
If you are unclear if you currently qualify for a K3 Visa as a Filipino citizen then reach out to an immigration expert for assistance and support.
Benefits and Limitations of a K3 Visa
By obtaining a K3 Visa, mixed-immigration status couples can live together in the time leading up to their Green Card approval. This means married couples do not have to live separately between their home country (e.g. the Philippines) and the US.
For couples who are not yet married, getting married in the Philippines and then moving to the US on a K3 Visa can keep the process simple. The common alternative, which is marrying in the US on a fiancé visa, can be time-consuming, costly, and restrictive in terms of travel outside the US.
Another benefit is employment opportunities. Filipino K3 Visa holders are authorised to work as soon as they arrive in the US with their valid K3 Visa. Evidence of employment authorisation can be accessed by filing Form I-765 (Application for Employment Authorization).
A disadvantage of the K3 Visa is that it is yet another step in the immigration process, which means there is added stress. Not everyone wants to invest time and money into moving from the Philippines when they are already involved the Green Card process.
Moreover, Filipino citizens with dependents who are over the age of 21 will be separated from their family, which could be impractical and/or unsettling.
The easiest way to decide on your immigration route is to speak to someone who specialises in this field. Total Law immigration solicitors can explain the pros and cons of the K3 Visa with reference to your specific situation.
Get in touch on +1 844 290 6312 for individualised guidance.
How to Apply for a K3 Visa From the Philippines
Application Forms Needed for K3 Visa
Before applying for the K3 Visa, Filipino nationals must ensure they have already submitted Form I-130 (Petition for Alien Relative).
This application must be filled out by the spouse who is sponsoring the non-US citizen. Required documents include a valid passport, a birth certificate, a marriage certificate, and proof of the spouse’s US citizenship status.
The receipt notice from Form I-130 can be used to apply for the K3 Visa. The form is officially known as Form I-129F (Petition for Alien Fiancé).
It asks US citizens to provide their marriage certificate, proof of citizenship, and passport-sized photographs (including photographs of the Filipino spouse). If the Filipino citizen has previously received an I-94 arrival/departure record, this must also be included.
Approved petitions can be escalated to the next stage, which is filling out the Online Nonimmigrant Visa Application (DS-160). As part of this application, Filipino applicants must submit Form I-134 (Declaration of Financial Support), a legal marriage certificate, proof of relationship, and their spouse’s most recent tax return.
There must also be proof of the applicant’s police clearance, recent medical examination documentation, and two passport-style photographs.
After filling out this information and attaching the supported documents, the barcode page must be printed and kept safe.
Next, the visa processing fee must be paid and an interview must be scheduled at a US Embassy or Consulate in the Philippines.
Documentation Needed for K3 Visa
The supporting documents for the K3 Visa when applying from the Phillipines are:
- Payment receipts
- Birth certificate
- Marriage certificate
- Proof of citizenship of US spouse
- Medical examination (and vaccination documents if available)
- Valid passport (must be valid for over six months from the date of US entry)
- Passport-style photographs (two of each member of the couple)
- Proof of income
- Court and criminal records (or police certificate)
- DS-160 confirmation page
All documents must be original (with photocopies if requested) and either written in English or translated into English by a professional.
Fees for K3 Visa
The first fee is the Form I-130 filing fee, which is $535. It then costs $460 to submit Form I-129.
Other costs vary, but applicants can expect to budget for:
- Accessing documents (e.g., birth certificates)
- Travel to the US Embassy or Consulate
- Medical examination
- Photocopying of documents
- Translation of documents
- Biometric services
In the event that the application is rejected by USCIS, fees are non-refundable. It is advisable to maintain a high level of accuracy in the application process to avoid losing money. Total Law (+1 844 290 6312) can work with you to submit an accurate application form to help reduce the risk of rejection.
K3 Visa Interview
Around 30 days after the Form I-129F has been submitted, an invitation for interview will be sent to the Filipino spouse by USCIS. A visa interview must be arranged in the Philippines by liaising directly with the US Embassy or Consulate.
There are often long waiting times for visa interviews, so a minimum period of 4-6 weeks can be expected. It is wise to use some of this time to prepare for the interview by researching questions, booking a medical examination, gathering the necessary documents, and planning travel.
USCIS will provide information on how to arrange the medical examination, including which physicians are authorised by USCIS, and when the Filipino applicant needs to have the examination.
The documents required for the K3 Visa interview are:
- Proof of medical examination
- Two passport-style photographs of the applicant (in colour)
- Original birth certificate
- Valid Filipino passport
- Divorce certificates from any previous marriages
- Copy of the DS-160 confirmation page
- Proof of medical examination (with vaccination proof, if applicable)
All K3 Visa interviews follow a similar format of taking fingerprints, investigating documentation, asking questions about the applicant’s intentions for moving to the US, and gathering proof of financial stability.
Some applications require further administrative processing, but most are finalised on the day of the interview.
K3 Visa Processing Time
From start to finish, it can take around 1.5 years to get a K3 Visa. Processing times can be longer because of applying at a busy time, not accessing the requested documents quickly, further administrative processing, and various other factors.
It is recommended to submit the forms as soon as possible to stay eligible for the K3 Visa. The I-129F form is valid for four months from the approval date, so it should be a priority to complete this before it expires.
If there are delays on the part of USCIS, it is possible to submit an extension request to the Consular Office.
Common Reasons for K3 Visa Rejection
Overview
One of the most important steps in applying for a K3 Visa is researching common reasons for rejection. This helps candidates avoid unnecessary visa refusals.
Ineligibility is a common cause of refusal for Filipino applicants for the K3 Visa. Anyone who is already living in the US, is not married to a US citizen spouse, does not meet the financial requirements, or has not submitted Form I-130, will be denied a K3 Visa.
Other reasons for K3 Visa rejection include: submitting false documents, failing to submit the supporting documents, providing inaccurate information, and overstaying a previous visa.
In some cases, candidates can take steps to avoid ineligibility, such as getting married to their US national spouse, waiting until their dependents are at least 21 years old, or saving up with their spouse until they satisfy the income requirements.
Other causes of ineligibility, such as already residing in the US, cannot be adjusted. This is when individuals should speak to a Total Law immigration solicitor to find out which visa pathwaywould be more appropriate. For example, Filipino residents of the US who are married to US citizens can apply directly for a Spouse Green Card.
Key Differences Between a K3 Visa and Other Visa Types
The visas that are commonly referenced alongside the K3 Visa are the K1 Visa, the K4 Visa, and the CR1 Visa. Here are the key differences.
- K1 Visa – this visa is suitable for Filipinos with US citizen fiancés, rather than spouses. It is also a temporary visa but it is even more short-term than the K3 Visa as it lasts four months (as opposed to two years). It also cannot be renewed. However, it can only be extended for six months.
- K4 Visa – while the K3 Visa is for foreign spouses of US citizens, the K4 Visa is designed for the children of K3 Visa applicants. They must be under the age of 21 to qualify for the K4 Visa, as well as being unmarried.
- CR1 Visa – this visa stands for Conditional Resident Visa. It is an immigrant visa available to people who recently married a US citizen and intend to remain in the US conditionally for two years. It is a pathway to permanent residence but Filipino citizens must apply for a CR1 Visa from the Philippines and only enter the US when the visa has been approved.
How Can Total Law Help?
We will coach you through the K3 Visa application process, from working out eligibility to attending a visa interview in the Philippines.
Many potential factors for refusal can be easily avoided when you work with us, as we know exactly what USCIS wants to see in your application forms.
Don’t hesitate to call us on +1 844 290 6312 to learn about our dedicated packages and to find out more about moving to the US from the Phillipines.
Advice Package
Comprehensive immigration advice tailored to your circumstances and goals.
Application Package
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Appeal Package
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.
Related pages for your continued reading.
FAQs
No, you are not eligible for a K3 Visa on the basis of your spouse being a Green Card holder. It is a requirement for all Filipino K3 applicants to be married to US citizens, whether they are US-born or naturalised.
Individuals who are in the US on a K3 Visa will only retain their visa if they stay married. Any divorce or annulment will be met with an automatic termination of the K3 Visa after 30 days.
Processing times for K3 Visas tend to be just as long as consular processing. This means it is usually easier for Filipino citizens to apply for a Spouse Green Card via consular processing, and avoid the time and cost of getting a K3 Visa.
You cannot become a US citizen directly after obtaining a K3 Visa. However, when you get your Spouse Green card, your time spent in the US will start to count toward qualifying years for US citizenship.
Three years of permanent resident status (which includes having a marriage-based Green Card) is a prerequisite for applying for citizenship in the United States. This applies to all foreign citizens, including Filipino nationals.
