In theory, yes, but in practice, not really. The K3 has been obsolete for several years, and if you submit a K3 nonimmigrant visa petition it will likely be changed to the CR1/IR1 Immigrant visa.

The K-3 visa was created in 2000 to address a huge backlog of immigrant visa petitions for spouses. To address this problem, Congress said that if a person had a Form I-130 petition pending for a spouse they could submit the I-129F form normally used for Fiancée visas. This would allow the U.S. citizen’s spouse to enter the United States as a nonimmigrant rather than waiting abroad for the Form I-130 petition to be approved. The applicant could then file the Adjustment of Status based on the K-3 petition rather than waiting for the I-130 to be approved.

Today, there is no longer a substantial backlog of I-130 petitions so there is no real need for the K-3 in most cases. While the K-3 has not been officially eliminated as some have reported, a K-3 petition filed now will almost certainly be converted to a CR1 or IR1 and the I-129F petition will be dropped. Using a K-3, a child can be included and receive a K-4 visa without filing the I-130 and paying the associated $420 filing fee. However once the child enters the U.S. and files the Adjustment of Status (AOS) to receive the green card, they then need to concurrently file the I-130 and pay the $420 filing fee along with the AOS fees. So the I-130 filing fee must eventually be paid in both cases.

Because most K-3’s are effectively changed to the CR1 or IR1 it would be a mistake to file a K-3 without including the I-130 for any children. If a K-3 is submitted without the child’s I-130 and is changed to a CR or IR1 visa, then the child would not be included because they had no I-130 to be approved.

The CR1/IR1 also means a cost savings since you don’t need to file the AOS and pay the filing fee of $1070.

Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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