If you’re currently married to a US citizen, you may be qualified for the K3 Visa. This visa permits foreign nationals whose spouses are US citizens to reside with their partners in the United States.
Applying for a K3 Visa can be quite a time-consuming and complicated process because of all the steps needed to accomplish it. Because of this, it can be easy to commit a mistake along the way, which will inevitably put a stain on your application or, worse: get your application rejected. For this, you need to find immigration services that you can rely on to make the whole journey seamless and more convenient, saving you money, time, and stress at the same time.
Check out this simple guide below about applying for a K3 Visa and some of the things you need to consider.
The K3 Visa
The K3 Visa is also notably referred to as a US marriage visa or Spouse visa. It’s specifically a type of non-immigrant visa that only allows entry for foreigners in the United States temporarily. This visa is only granted for a specific period of two years, though it can still be extended in two-year increments if you prefer.
Unlike the Marriage Green Card, which typically requires a lengthy preparation and processing time, the K3 Visa was created as a viable and more convenient option. With the K3 visa, the overseas spouse and their US partner wouldn’t have to wait for an extended period of physical separation while waiting for the pending approval of their visa petition.
While the K3 visa is generally considered a non-immigrant visa, only those who intend to reside in the US permanently should apply. After submitting the requirements, you can freely adjust your status to gain the status of a Lawful Permanent Resident in the country.
Eligibility Requirements for K3 Visa
To check if you qualify for the K3 visa, here are the qualifications you need to fulfill:
- Spouse of a US citizen. This refers to either legal marriage, which means that live-in couples don’t qualify the marriage for immigration. Nonetheless, common-law spouses may be eligible as spouses based on the purpose of immigration, depending on the laws of the nation where it occurs. Moreover, same-sex partners of US residents qualify for similar immigration benefits that the K3 visa offers.
- Going through a medical examination. You need to undergo a medical examination to immigrate to the United States.
- Form I-130. The US citizen spouse must also file Form I-130 for their foreign partner. Without this, the overseas spouse won’t be eligible for the K3, which will simultaneously permit them to reside with their partner in the US while waiting for their Green card.
The K3 visa is an excellent choice for overseas spouses to be with their US partners while their approval for the Green card is pending. However, apart from those mentioned above, also remember that other requirements must also be fulfilled to receive a Marriage Green card, such as annual income or more.
Application Process
Applying for a K3 visa is complex since it involves several steps. The first part of the application must be accomplished by the US resident who will be the US sponsor for their overseas spouse. Here, they need to file petitions so that their spouse will be permitted entry into the country. Here is the process that they should follow:
- The File Form I-130, Petition for Alien Relative, must be filed by the US resident sponsor with the Department of Homeland Security at their local USCIS. They will be sending a notice of action (Form I-797) to notify you if they have already received the petition.
- After this, the US spouse must file FormI-129F, which is the Petition for Alien Fiance.
- Wait for a while for the petitions to be approved. After approval, these will be sent for processing to the National Visa Center.
The next step is the K3 visa application itself, which the overseas spouse will need to be responsible for. The foreign partner will need to apply for the K3 visa at the Consulate or US Embassy in their country. After USCIS has already approved form I-129F and transferred it to the NVC, they will then send a package to the applicant which contains instructions and necessary information about the step-by-step process of applying, alongside the documents required for the application.
Here are the things that the foreign spouse must do:
- They will need to file the Form DS-160, which is the Non-Immigrant Visa Electronic application required of non-immigrant visa applicants and is accomplished online.
- They will also need to get all the necessary vaccines and a medical examination before entering the country.
- There is also a need to submit all the relevant and essential supporting documents as well as the application form. This is required to prove that you are eligible for the K3 visa.
- After submitting all the necessary documents, you will need to attend the interview scheduled by the NVC at your local Consulate or US Embassy.