Who Can Apply for K3 Visa?

Living in the US after marrying can be boring if the spouse or family is not with you. Such people by all means try to bring their family as well to the US . True enough, uniting with the family and living in the US is a pleasant experience. In order to bring the spouse to the US there are certain procedures and guidelines to be followed which are laid down by the US government.

Spouse refers to the legally wedded husband or wife. Spouse immigration is the process where a non U.S citizen living abroad marries a US citizen and later becomes a lawful permanent resident of the US. By applying for the non immigrant K3 visa the spouse can join the US citizen. The K3 is almost similar to the K1 visa but has its own limitations. Under the US immigration laws, the K3 visa should be applied for by the US citizen spouse at the USCIS office where the Form I-130, Petition for Alien Relative is pending. K3 visa holders can later on apply for adjustment of status with the Department of Homeland Security after the petition is approved.

Filing the K3 Petition:

One of the mistakes that some couples commit is marrying within the foreign country, and then following the K1 visa process to bring their spouse into the US. It is always a well known fact that K 1 visa is only for a fiance, whom he/she is going to marry and not a spouse. Background checking is conducted thoroughly by the Homeland Security and in cases where they find a record of the fiance already married to the U.S. citizen, the whole process will come to a standstill thereby leading to many complications. It is always fair enough to follow the rules and regulations to have a successful entry with a K3 visa .

As a first step, the US citizen sponsor should file a Petition for Alien Relative with form I-130 with the USCIS. After the notice of action is received, Form I-129F is filed which is the Petition for Alien Fiancé(e), for the foreign spouse and children of the spouse. After the USCIS approves the I-129F, the petition will be sent to the National Visa center which after processing will send it to the US embassy or the consulate. Instructions on how to proceed will be given at the US consulate or the embassy.

Required documents as evidence:

When applying for K3 visa there are certain supporting documents required as evidence and need to be shown at the time of the interview. The supporting documents include birth certificates, marriage certificates, evidence of financial support or Affidavit of support, evidence of relationship with the spouse, proof of income, bank account, medical examinations and vaccination requirements, etc . Certain acts like drug trafficking, overstaying on a previous visa and submitting falsified documents will make the applicant ineligible for a visa. The K3 visa generally holds good for the people who have married a US citizen abroad and who live aboard.

Advertisements
This entry was posted in Article and tagged , , , , , . Bookmark the permalink.

5 Responses to Who Can Apply for K3 Visa?

  1. jenniferp1234 says:

    This post is really informative and helpful for spouses applying for K3 visas. I live in Thailand, a country where many US citizens marry Thais who later go on to apply for K3 visas. Any country like Thailand, which has a high number of K3 visa applicants, should have lawyers located locally to help with the process. There are qualified Thailand lawyers available to help with both K1 and K3 visas. Some people opt to apply for K1 or K3 visas on their own, but I think a lawyer can be helpful. The process is fairly straight-forward, but one mistake can lead to delays, additional fees, or cancelation. The most important thing is for spouses to be aware of all of their options, including a lawyer’s guidance.

  2. MANNY says:

    My wife is A U.S RESIDENT WE HAVE A TWO YEAR OLD SON AND WE GOT MARRIED THREE YEARS HERE IN THE U.S THE ONLY PROBLEM IS THAT I CAME ILLIGALY TO THIS COUNTRY WHEN I WAS 15 YEARS OLD AND NO ONE FILE A CLAIM FOR ME I WANT TO KNOW IF THERE IS ANY CHANCE TO BECOME LEGAL WITH OUT LEAVING THE COUNTRY

  3. Sarah Bouachir says:

    I applied for my husbands I-130 a couple months ago. He lives in Tunisia (where we were married). I miss him painfully every day. Would we be approved for a K-3 so he can come here with me? He has never been to the U.S. Also, how long is the average now for 2012 in comparison to the I-130 process? And the cost? Thank you.

    • Paul says:

      U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa.

      A foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.

      K-3 petitions take approximately 8-10 months and Form I 130 petitions take approximately 8-12 months to be processed.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s