K-3 or Spousal Visas
K3 Spousal Visa Petition Help
Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are
- Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
- Nonimmigrant visa for spouse (K-3)
- It is important to note that application for the
nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be
filed and the visa must be issued in the country where the marriage
took place. After the visa process has been
completed, and the visa is issued, the spouse can travel to the United
States to wait for the processing of the immigrant visa case. Two
petitions are required:
- Petition for Alien Relative, Form 1-130; and
- Petition for Alien Fiancé (e), Form I-129F
Spousal Marriage Visa
I help you to successfully apply for a Spousal Visa K-3 or CR-1, see Fiancee VisaServices
If your spouse is not a
citizen of the United States and you plan to bring her to live in the
United States, then you must file a petition
with INS on behalf of your spouse. After the I-130 petition is
approved, your spouse must obtain a visa issued at a U.S. Embassy or
consulate abroad. She can obtain either a K3 or CR-1
visa.
For a K-3 In practice, the US Citizen submits the standard petition for an Alien relative, Then waits for USCIS to acknowledge that a case has been opened for his spouse. Then he prepares and submits the identical documents he would for a Fiancee Visa, asking USCIS to modify the petion for an Alien relative to that of a K3 spousal visa.
Recently however the delays to obtain a CR-1 visa have been reduced, and there is not a large gap between the times needed for a K-3 or CR-1. So either visa is almost equally available.
The time needed to obtain a Spousal visa is longer than that of a Fiancee Visa sometimes 3 to 12 months. So whenever possible we recommend our clients plan to marry in the USA and use the faster Fiancee Visa process.
I help you to successfully apply for a Spousal Visa K-3 or CR-1, see Fiancee Visa Services
What Is a K-3
Visa?
If you are the spouse of
a U.S. citizen you can come to the United States (U.S.) with a
nonimmigrant K-3 visa. If you are the child of the spouse of a U.S.
citizen and your parent has been issued a K-3 visa, you can be issued a
K-4 nonimmigrant visa. Both the K-3 and the K-4 visas allow you to stay
in the US while your immigrant visa petition is pending. Before a K-4
visa can be issued to a child, the parent must have a K-3 visa or be in
K-3 status.
What Is a "Spouse"?
A spouse is a legally
wedded husband or wife. Cohabiting partners do not qualify as spouses
for immigration purposes. Common-law spouses may qualify as spouses for
immigration purposes depending on the laws of the country where the
common-law marriage occurs. In cases of polygamy only the first spouse
qualifies as a spouse for immigration. U.S. law does not allow
polygamy. If you were married before, you and your spouse must show
that you ended (terminated) all previous marriages before your current
marriage. The death and divorce documents that show termination of
marriages must be legal and verifiable in the country that issued them.
Divorces must be final. In cases of legal marriage to two or more
spouses at the same time, or marriages overlapping for a period of
time, you may file only for the first spouse.
What do I need to do to
receive a K-3 visa?
1.
You must first file an immigrant Petition for Alien Relative, form
I-130 for your spouse with the U.S. Citizenship and Immigration
Services (USCIS) Office that serves the area where you live. The USCIS
will send you a Notice of Action (Form I-797) receipt notice. This
notice tells you that the USCIS has received the petition.
2.
You next file Petition for Alien Fiancé(e), form I-129F for
your spouse and children. Send the I-129F petition, supporting
documents and a copy of the Form I-797 receipt notice to this
Department of Homeland Security USCIS Address on their web site.
How will the Department
of State process my K-3 visa petition?
Important Notice:
Effective February 1st, 2010, when both the I-129F petition for a
nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse
of a U.S. citizen visa have been approved by USCIS and sent to the
National Visa Center (NVC), the availability as well as the need for a
nonimmigrant K-3 visa ends. If the NVC receives both petitions:
* The nonimmigrant K visa will be administratively closed.
* The application process explained below will not be applicable and
cannot be used.
* The NVC will contact the petitioner and you with instructions for
processing your IR-1 (or CR-1) immigrant visa. For more information on
the immigrant visa process review the Immigrant Visa for a Spouse
webpage.
If the NVC does not
receive your I-130 petition and I-129F at the same time, the NVC will
process your I-129F petition. Then NVC will send the petition to the
embassy or consulate in the country where the marriage took place. If
your marriage took place in the U.S., the NVC will send the petition to
the embassy or consulate that issues visas in your country of
nationality. If your marriage took place in a country that does not
have an American embassy, or the embassy does not issue visas, the NVC
will send your petition to the embassy or consulate that normally
processes visas for citizens of that country. For example, if your
marriage took place in Iran where the U.S. does not have an embassy
your petition would be sent to Turkey.
A Spouse of a U.S.
Citizen (K-3) Is Also an Immigrant
The spouse of an U.S.
citizen applying for a nonimmigrant visa (K-3 applicant) must have an
immigrant visa petition on his/her behalf by the U.S. citizen spouse.
Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet
some of the requirements of an immigrant visa.
Applying for a Visa
The U.S. Embassy or
Consulate where you, the spouse of an American citizen, will apply for
a K-3 visa must be in the country where your marriage took place. Here
are the procedures to apply. The U.S. Embassy or Consulate will let you
know any additional things to do, such as where you need to go for the
required medical examination. During the interview process, an
ink-free, digital fingerprint scan will be taken. Some visa
applications require further administrative processing, which takes
additional time after the visa applicant’s interview by a
Consular Officer. The following is required:
* Two copies of form DS-156, Nonimmigrant Visa Application
* Police certificates from all places lived in since the age of 16
* Birth certificates
* Marriage certificate for spouse
* Death and divorce certificates from any previous spouses
* Medical examination (except vaccinations)
* A passport valid for travel to the U.S. and with a validity date at
least six months beyond the applicant's intended period of stay in the
U.S. (unless country-specific agreements provide exemptions).
* Two nonimmigrant visa photos, two inches/50 X 50 mm square, showing
full face, against a light background)
* Proof of financial support (Form I-134 Affidavit of Support may be
requested.)
* Payment of fees, as explained below
Note: The consular
officer may ask for additional information. It is a good idea to bring
marriage photographs and other proof that the marriage is genuine.
Documents in foreign languages should be translated. Take clear,
legible photocopies of civil documents, such as birth and marriage
certificates, to the visa interview. Original documents can then be
returned to you.
Fees - How Much Does It
Cost?
Fees are charged for the
following services:
* Filing an immigrant Petition for Alien Relative, Form I-130
* Applying for a nonimmigrant visa application processing fee, DS-156
* Medical examination (costs vary from post to post)
* Fingerprinting fees, if required
* Filing Form I-485, Application to Register Permanent Residence or to
Adjust Status
* Other costs may include translation and photocopying charges, fees
for getting the documents required for the visa application (such as
passport, police certificates, birth certificates, etc.), and travel
expenses to the embassy or consulate for an interview. Costs vary from
country to country and case to case.
For current fees for
Department of State, government services see Fees.
Extending the Petition
The I-129F petition is
valid for four months from the date of approval. A consular officer can
extend the validity of the petition (revalidate the petition) if it
expires before you finish processing the visa.
Children Have Derivative
Status
Children do not need
separate Petition for Alien Relative, I-130 petitions, but you, the
petitioner, must take care to name all your children on the Petition
for Alien Fiance, I-129F petition. If you do not name the children on
the petition, they may find it difficult to prove their identity as
children of a K-3 applicant or person in K-3 status.
You must file separate
I-130 immigrant visa petitions for your children before they qualify
for permanent residence. When they adjust status in the U.S., they must
file Form I-485 Application to Register Permanent Residence or to
Adjust Status with the USCIS Office that serves the area where you
live. Remember that in immigration law children must be unmarried and
under 21 years of age. See child.
If the Child is Not Named
on the I-129F Petition, Will That be a Problem?
The K-4 visa will not be
denied because the child's name is not listed on the I-129F petition.
As long as it can be established that he/she is the minor, unmarried
child of the applicant issued a K-3 visa.
Can a K-3 Visa Holder
Work in the U.S.?
As a K-3 visa holder, you
can file form I-765, Application for Employment Authorization with the
USCIS that serves the area where you live for an employment
authorization document (work permit). You can get more information by
clicking on How Do I Get a Work Permit (Employment Authorization
Document)?
How Long Does It Take?
The length of time varies
from case to case according to its circumstances. The time it takes
each USCIS office and each consular office to process the case varies.
Some cases are delayed because the applicants do not follow
instructions carefully or supply incomplete information. (It is
important to give us correct postal addresses and telephone numbers.)
Some visa applications require further administrative processing, which
takes additional time after the visa applicant's interview by a
Consular Officer.
What If the Applicant Is
Ineligible for a Visa?
Certain conditions and
activities may make an applicant ineligible for a visa. Examples of
these ineligibilities are:
* Drug trafficking
* Overstaying a previous visa
* Practicing polygamy
* Advocating the overthrow of the government
* Submitting fraudulent documents
The consular officer will
inform you, the visa applicant, if you are ineligible for a visa,
whether there is a waiver of the ineligibility and what the waiver
process is. You can see the complete list of ineligibilities by
clicking on Classes of Aliens Ineligible to Receive Visas.
Below is are my youtube videos describing the Spousal visa process and how to prepare your petition to avoid problems
If approved (six months is about normal, though this varies based on processing time, and to a degree the relevant embassy), the Application materials will all be forwarded to the National Passport Center for processing. Then the whole paper file wrapper is sent to the US embassy or consulate in the jurisdiction in which the fiancee resides abroad [1]. The Embassy will contact the fiancee and schedule an interview date. In the meantime, the fiancee has to have a medical examination at an approved clinic, to screen for certain infectious diseases like HIV, Tuberculosis and Syphilis. The Embassy staff will question the fiancee and ask for additional documents, to determine the authenticity of the relationship (amongst other things, that it is not an attempt to skirt 'the proper channels' of US immigration law), though the preliminary questioning in this regard is fairly straightforward and brief. If the interview goes well, the visa is granted immediately, but the fiancee's passport may need to be kept for a few days for processing. The fiancee then has six months to enter the US, and 90 days after that to marry the Petitioner. The fiancee cannot marry any other person, and must return if not married to the Petitioner. If the fiancee has children, and they were properly identified in the original petition, then they will be issued K-2 visas. Such K-2 visas depend on the parent's K-1 visa.
Expert Tip # 11
Do send in all forms. When in doubt submit it. Each consulate has their own procedures and practices. If you have a form and you are not sure that it is needed, fill it out and send it in anyway. If it is not needed they will discard it. But if it is needed the process will not be delayed.
More Expert Fiancee Visa Tips
