US K-3 Visa

If you are a U.S. citizen married to a Thai partner and wish to bring them to the U.S., you certainly don't want to delay your new life with a lengthy visa process. The U.S. K-3 visa was created to shorten this waiting time and allow foreign spouses to join their partners in the U.S. while they await the processing of their permanent residency application.

On this page you will find everything you need to know about the US K3 visa, how to apply for it and what roles you as a US citizen and your Thai spouse have to take on.

What is the US K-3 visa and who is it for?

The US K-3 visa allows the foreign spouse of a US citizen to enter the United States to apply for a change of status. While the application process for permanent residency in the US is underway, they can enjoy the benefits of living in America.

If your spouse has children, they can apply for a US K-4 visa, which allows them to accompany your spouse to the US if they are a US K-3 visa holder. However, the US K-4 visa is only issued to unmarried children under the age of 21.

What are the advantages of the US K3 visa?

We've explained the basics of the US K-3 visa; now we'll go into the details of the possibilities it offers. Here's a list of activities your spouse can pursue with a US K-3 visa:

  • Live with her in the USA while you wait for her immigration visa to be approved.
  • Apply for a work permit (Form I-765) that will allow you to work legally in the USA.
  • Apply for a status adjustment to obtain permanent residency in the USA.
  • You can travel temporarily outside the USA and re-enter with your existing visa.

    • These benefits only apply as long as the visa requirements are met. Your Thai spouse cannot remain permanently in the U.S. without completing the status adjustment process. If you divorce your spouse before they receive permanent residency, the benefits of the U.S. K-3 visa automatically expire after 30 days.

    What are the requirements for obtaining a US K3 visa?

    There are two roles involved in applying for a US K-3 visa: that of the sponsor and that of the applicant. The following explains each role:

  • Sponsor (U.S. Citizen): As the U.S. spouse, you are responsible for filing visa applications on behalf of your foreign spouse. This includes filing Form I-130 (Application for Family Reunification with a Foreign Dependent) with U.S. Citizenship and Immigration Services (USCIS) and Form I-129F.
  • Applicant (foreign spouse): The foreign spouse is the person who applies for the US K-3 visa once you, as the US sponsor, have submitted the required applications.

    • Regarding the participation requirements, as a sponsor you must fulfill the following:

  • You must be legally married to your foreign spouse (marriages based on customary law and de facto marriages are not recognized).
  • Your income must meet or exceed the Federal Poverty Guidelines (FPG).

    • What are the requirements for applying for a US K-3 visa from Thailand?

    Now that you know your respective roles and the eligibility requirements, let's look at what documents your spouse needs to jointly apply for a US K3 visa from Thailand with you.

  • A passport that is valid for at least 6 months beyond your spouse's planned stay in the USA.
  • 2 passport photos
  • Civil status documents, including: birth certificate, marriage certificate, divorce or death certificate(s) of former spouse(s), police clearance certificate
  • Evidence of the relationship with you as a sponsor, such as photos and affidavits.

    • Here is the general list of documents you need to provide as a sponsor:

  • Proof of your US citizenship, e.g., your passport or birth certificate
  • 1 passport photo
  • Civil law documents, including: marriage certificate, divorce certificate or death certificate(s) of former spouse(s).

    • Please note that all documents in Thai must first be notarized and translated.

    What is the application process for a US K3 visa from Thailand?

    The entire application process can take 24 to 28 months. Therefore, it is recommended that you submit your application as soon as possible after deciding to move to the USA together. The application process itself is as follows:

  • As a guarantor, you must submit Form I-139 for foreign relatives to USCIS. After you receive confirmation from USCIS that your application has been received, you must submit Form I-129F.
  • Your spouse must complete the DS-160 form and submit it online along with all required documents to apply for their US K3 visa.
  • Once the documents have been processed, your spouse must appear for an interview at the US Embassy in Bangkok. If successful, they will be issued a US K-3 visa.

    • Professional support with your K3 visa application

    If you would like to learn more about the US K-3 visa, please visit the Siam Legal webpage on the US K-3 visa. However, if you are ready to quickly and easily begin the next chapter of your family life in the USA, contact Siam Legal now and schedule a consultation with our experienced US visa advisors.

    Frequently asked questions about the US K-3 visa

    Can my spouse work in the USA with a K-3 visa?

    Yes, after entering the U.S. on a K-3 visa, your spouse can apply for a work permit by filing Form I-765. Once approved, your spouse can work in the U.S.

    How long can my spouse stay in the USA with a K3 visa?

    The US K-3 visa is valid for two years. However, your spouse can apply for a change of status to remain in the US permanently. If they do not obtain permanent residency for any reason within those two years, the K-3 visa can be extended.

    Can my stepchildren travel with my spouse on a US K3 visa?

    No, but they can apply for a K-4 visa for the US, which allows children under 21 to accompany their biological parents to the US. If you adopt these children and obtain US citizenship for them, this is not necessary.

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