Spouse Visas (I-130 & K-3 Visas)
Helping U.S. Citizens and Permanent Residents Reunite with Their Spouses
Bringing Your Spouse to the United States? Let Us Help.
If you're a U.S. citizen or lawful permanent resident (green card holder), you may be eligible to sponsor your spouse for immigration to the United States. At Veritas Immigration Law, P.A., we assist clients throughout Florida and worldwide with marriage-based immigration cases, including both I-130 spouse visas and K-3 visas.
We help you understand your options, file the right forms, and guide you through adjustment of status or consular processing, ensuring a smooth, well-prepared process from start to finish.
What Are the Main Spouse Visa Options?
There are two primary routes for bringing a foreign spouse to the U.S.:
| Visa Type | Description |
| --------------------- | ------------------------------------------------------------------------------------------------------------------------ |
| I-130 Spouse Visa | Immigrant visa for spouses of U.S. citizens or lawful permanent residents. Leads to a green card. |
| K-3 Visa | Temporary nonimmigrant visa that allows spouses of U.S. citizens to enter the U.S. and await green card processing here. |
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Who Can File a Spouse Visa Petition?
· A U.S. citizen can file for a spouse abroad or in the U.S. (faster processing and more options).
· A green card holder (LPR) can also file, but wait times are generally longer.
· The marriage must be legally valid, and the relationship must be bona fide (not solely for immigration purposes).
Step-by-Step Process: I-130 Spouse Visa (Immigrant Visa)
1. Petition Filing (Form I-130)
· The U.S. citizen or green card holder files Form I-130 with USCIS.
· Include marriage certificate, proof of bona fide marriage, passport-style photos, and other supporting documents.
2. USCIS Approval
· Processing time: Typically 10–14 months (faster for U.S. citizens).
· Once approved, USCIS transfers the case to the National Visa Center (NVC).
3. Consular Processing
· The foreign spouse completes Form DS-260 (online immigrant visa application).
· Pay visa fees and submit required civil documents and an Affidavit of Support (Form I-864).
4. Visa Interview
· The spouse attends an interview at a U.S. embassy or consulate abroad.
· If approved, they receive an immigrant visa and can enter the U.S. as a lawful permanent resident (green card holder).
Adjustment of Status (If Spouse Is Inside the U.S.)
· If your spouse is already lawfully in the U.S. (e.g., on a student visa or tourist visa), and you are a U.S. citizen, they may be eligible to file Form I-485 (green card application) through adjustment of status.
· You can typically file the I-130 and I-485 together (concurrent filing), which speeds up the process.
Important: Spouses of green card holders must wait for a visa number to become available before filing I-485.
What Is the K-3 Visa and When Is It Used?
The K-3 Visa is a nonimmigrant visa intended to speed up the reunification of married couples while the I-130 is pending. It allows the foreign spouse to enter the U.S. temporarily to wait for green card processing.
How It Works:
· U.S. citizen must file Form I-130 and Form I-129F for K-3 classification.
· Once the I-129F is approved, the spouse can apply for a K-3 visa at a U.S. consulate.
· After arrival, the spouse applies for adjustment of status (I-485).
Important Notes:
K-3 visas are rarely issued now, because I-130 petitions often get approved before the K-3 is processed.
Still, filing both may offer procedural advantages if delays are expected.
Documents You'll Need
· Valid marriage certificate issued by proper civil authority
· Proof of U.S. citizenship or lawful permanent residence
· Passport-style photos
· Evidence of bona fide marriage (photos, joint bills, travel history, etc.)
· Police certificates (for consular processing)
· Medical exam (for green card applicants)
· Proof of financial support (income, tax returns, etc.)
What If the Spouse Is in the U.S. Unlawfully?
If your spouse entered the U.S. without inspection (EWI) or overstayed a visa:
· They may not be eligible to adjust status without a waiver.
· You may need to pursue I-601A provisional waiver and consular processing.
· Legal strategy is critical—consult our office before taking any action.
How Veritas Immigration Law Can Help
We assist with:
· Filing accurate and complete I-130 or I-129F petitions
· Adjustment of status applications and supporting documentation
· Interview preparation for USCIS or consular processing
· Waivers for unlawful presence or inadmissibility
· Appeals and motions if a case is delayed or denied
With personalized attention and years of experience in family-based immigration, we help you avoid delays and increase your chances of success.
