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.
