Because the process of bringing your alien spouse into the US can take quite a long time in 2000 US Immigration introduced the K3 visa. The K3 visa is an interim visa that enables the US Citizen to petition for and bring their spouse into the US with authorization to work while their green card application package is being considered.

The consideration time for this green card application package varies from service center to service center. As mentioned above it can take as long as one year, sometimes more. However, it can also take less than six months.

Your attorney will be able to work out which service center you are required to use based on the US Citizen spouse’s US residence. Also if the US Citizen is deemed to be a resident outside the US then the entire application can be made through various departments of the US Embassy. US Embassy applications are typically much faster that service center applications due to the significant volume differences. As one can imagine there are millions of applications being filed within the US whereas there may only be several hundred being filed in each Embassy at any given time.

Therefore to determine whether you should apply for a K3 visa or Green Card as your first step you attorney will: -

1. Determine whether the US Citizen is actually a US resident or off shore resident (living permanently up that point outside of the US). If US Citizen is deemed an off shore resident then the application should be made at the US Embassy.
2. If the US Citizen can be characterized as being a US resident then your attorney will review the processing times of the service center where the application must be filed. If the processing time is within six months then your attorney will probably decide to file the green card package instead of a K3 application. If the processing time is greater than six months to over one year then your attorney will probably advise that you file a K3 application and then a green card package.
3. If the US Citizen and alien spouse do not have any urgency then your attorney will probably recommend filing the green card package.

This guide will focus on the scenario where applying for a green card directly is deemed the best course of action.

Green Cards - US Citizen Married Alien Living Abroad Guide