Eligibility Requirements for a K3 Spouse Visa
- Only a spouse of a US citizen can apply for and be granted with a K-3 visa. A common-law partner may be able to apply given that such an arrangement, the common-law marriage, is recognized in his or her home country. If the spouse is from Thailand then he or she cannot apply much more be granted with a K-3 visa because a common-law marriage is not recognized in the Kingdom.
- The marriage between the petitioner and the beneficiary must be legal according to the laws of the country where the marriage took place. This means both are at the legal age at the time of their marriage or that the marriage has fully satisfied the requirements for it to be legal i.e. fully registered. They must not be previously married too as the United States does not recognize polygamous marriages. If either the petitioner or the beneficiary is previously married to another partner then this marriage must be legally annulled prior to application.
- The petitioner for a K-3 visa must be a citizen of the United States. Green card holders or permanent residents of the US cannot petition for their foreign spouse for K-3 visa.
- The US citizen petitioner must also meet the minimum income requirements set forth by congress otherwise he or she may tap the assistance of a co-sponsor who exceeds the poverty level.
- The foreign spouse must not be suffering from a communicable disease or mental illness. He or she must undergo the required medical examinations at medical facility duly approved by the US embassy or consulate branch in his or her home country.
- The beneficiary must not have a criminal record nor convictions.
If granted with a K-3 visa, the foreigner spouse can only stay in the United States for a period of not more than 2 years. It is a multiple re-entry visa though so within this period, the beneficiary can leave and enter the US a number of times. The beneficiary can choose to stay longer too. He or she just have to apply for an adjustment of status as soon as possible after entering the country.