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K-3 MARRIAGE VISA |
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What
is a K-3 VISA?
The U.S. citizen marries the foreign fiance in the USA
or in other countries, the foreign fiance goes back to
their country, the U.S. citizen applies to the Service
Center for an I-130 spousal visa petition.
When the U.S. citizen receives the notice of receipt from
the service center for the I-130 petition, the US citizen
files an I- 129F petition to the Chicago Center address
for a K3 visa. Chicago Center sends this to the Missouri
Center, and after Missouri Center approves the petition,
it is forwarded to the foreign U.S. Consulate.
The rest of the K3 spousal petition is similar to a K1
fiance visa process. The K3 spouse files for adjustment
of status after entering the U.S., however has 2 years
in which to do so. (The visa is a 2-year multiple re-entry
visa)
The K3 visa is specifically intended for use by U.S. citizens
who are sponsoring their foreign national spouse for immigration.
It was created to address the long processing times for
immigration visas at the USCIS. The K3 visa is therefore
actually a "non-immigration" visa, meaning that
receipt of a K3 visa does not result in the spouse becoming
a legal permanent resident immediately upon their arrival
in the U.S. However, the K3 does allow the spouse to travel
to the USA and live with their U.S. citizen husband or
wife while they are waiting for their immigration application
to sponsor their spouse to process through. They can also
bring their unmarried children who are under 21 along
using the related "K4" visa (however, please
note that ordinarily it will be necessary for the U.S.
citizen to file separate I-130 petitions for those minor
children at some point in order for them to become legal
permanent residents). |
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Requirements for a Marriage
K3 Visa
| 1. |
The petitioner must
be a United States citizen. This means Legal Permanent
Resident “Green Card” holders of the
U.S. are not allowed to obtain a K3 Visa for their
foreign spouses. |
| 2. |
Both the petitioner
(U.S. citizen) and the beneficiary (foreign spouse)
have been legally married according to the laws
of the country in which the marriage took place.
This means both parties must have been legally eligible
to marry. They must have been old enough to marry.
If either was previously married, he or she must
have either been divorced or widowed, or else the
marriage must have been legally annulled. |
| 3. |
The U.S. citizen petitioner
must meet a minimum income requirement that is the
poverty level set by Congress. If the petitioner
cannot meet these requirements, the petitioner is
allowed to use a co-sponsor who does meet them.
The co-sponsor’s income must meet the requirement
for a number of dependents that includes himself,
the petitioner, each of their immediate family members,
the foreign spouse and any children who will be
receiving a K4 visa and coming to the USA. In addition,
any children for whom either the co-sponsor or
petitioner is paying child support or any former
spouse to whom he is paying alimony also count as
dependents. |
| 4. |
The foreign bride or
husband must pass a medical exam at a clinic approved
by the U.S. Consulate that is processing the K3
spousal visa application. The foreign spouse must
not have any type of communicable disease or serious
mental illness. |
| 5. |
The foreign bride or
husband must also not have a criminal record. Some
arrests and/or convictions are exempt from this
requirement. If this is a concern in your situation
you should consult an immigration attorney experienced
with K visas before proceeding further. |
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