If you are a U.S. citizen and married to a foreign national, but he or she does not have the necessary documentation to travel to the United States with you, the K3 Visa may be the solution for you to be reunited in the country, without immigration issues that may interfere. But, do you know what is a K3 Visa? Our family immigration lawyer will explain it in this article.
Through this visa, your spouse will not have to wait for long periods of time to join you while waiting for an immigrant visa approval from U.S. Citizenship and Immigration Services (USCIS) to become a lawful permanent resident in the near future.
In order to obtain a K3 Visa, both you as a U.S. citizen and your foreign spouse must comply with the requirements established for the process, which will allow you to obtain a positive response in the shortest possible time.
Our family immigration lawyer has extensive experience in reuniting couples who have married abroad and wish to start a new life in the U.S. Do you want to petition for your spouse with a K3 Visa? Make an appointment now with our legal team.
What is a K3 visa?
The K3 Visa is a non-immigrant type visa, which is especially intended for the foreign spouse of a U.S. citizen, allowing him or her to travel to the U.S. legally and join his or her spouse.
The main purpose of this type of visa is to bridge the gap that may separate married spouses abroad while waiting for the approval of an immigrant visa that will subsequently allow the foreign spouse to adjust their status and obtain a lawful permanent residence (Green Card).
Therefore, one of the main requirements for a foreign national to apply for a K3 Visa is that his or her U.S. citizen spouse has already filed an immigrant visa application with USCIS, which must be awaiting approval.
With a family immigration lawyer, you can rest assured that you meet each of the necessary requirements for the visa application, as well as follow the proper legal path to approval of the visa.
What is considered a “spouse” under the immigration law?
One of the main doubts that K3 Visa applicants usually present when meeting with a family immigration lawyer is related to the meaning of “spouse” for the immigration law in the United States.
It is important to keep in mind that when referring to “spouse”, the law specifically refers to a legally married husband or wife. In light of this, the following important facts are also mentioned:
Merely living together does not qualify a marriage for immigration.
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 may qualify as a spouse for immigration.
In addition, it is important to note that the immigration law now allows same-sex spouses of U.S. citizens and lawful permanent residents to be eligible for the same benefits as opposite-sex spouses.
So there are no limitations to reuniting with your loved one in the United States. If you are legally married to a U.S. citizen, our family immigration lawyer can help you bridge the gap between you.
What are the requirements to qualify for a K3 Visa?
Like any other immigration process, in order to formally apply for a K3 Visa, certain requirements established by USCIS must be met and submitted for approval at the time of the interview.
In the case of the U.S. citizen filing the application, the requirements are:
- File Form I-130, Petition for Alien Relative, with Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition.
- After USCIS approves the petition, they will be sent to the National Visa Center (NVC) for processing.
On the other hand, the foreign spouse must comply with requirements such as:
- Form DS-160, Online Nonimmigrant Visa Application, properly completed. You (and any children eligible to apply for K-4 Visas) must (1) fill out the DS-160 form and (2) print the DS-160 confirmation page to bring to the interview.
- A valid passport to travel to the United States and with an expiration date of at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide for exemptions).
- Civil documents: original(s) (or certified copies) and photocopies of the following: Birth certificate, marriage certificate of U.S. citizen spouse, divorce or death certificate(s) of any previous spouse, police certificates from your current country of residence and from all countries in which you have lived for 6 months or more since age 16. (Police certificates are also required for accompanying children age 16 or older).
- Medical examination (vaccinations are optional, see below).
- Proof of financial support (Form I-134, Affidavit of Support, may be requested)
- Two (2) 2×2 photographs. See the required photo format explained in Photo Requirements.
- Proof of relationship to your U.S. citizen spouse
- Payment of fees
With each of these requirements in hand, applicants may proceed with the application to the appropriate agencies, so that the process can begin and interviews can be assigned for each case, both for the sponsoring spouse and the K3 Visa recipient.
Get the support of our family immigration lawyer today.
If you are thinking of petitioning for your foreign spouse to live together in the United States, don’t let any mistakes prevent you from receiving a positive response to your petition. Contact our family immigration attorney who can provide you with all the advice you need.
Make an appointment now and be prepared to receive the support of an attorney who will truly care about your goals, fulfilling your dream of living together with your spouse legally in the United States.
