A non-immigrant K-3 visa is granted to a foreigner spouse of a U.S. to allow them entry into the US. By law, a spouse is defined as the legitimate or legally wedded husband or wife. This is also referred as a spousal visa.
These are the processes as to how to obtain it:
- The first step is to apply for an immigrant Petition for Alien Relative. You must fill form I-130 at the USCIS for this.
- The USCIS will send you a Notice of Action (Form I-797) which just means they have received your petition.
- You then file for a Petition for Alien Fiancée; the form I-129F is for your spouse and children. You must send the I-129F petition, other supporting documents and a copy of the Form I-797 receipt notice to the Department of Homeland Security USCIS Address on their web site.
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The Department of State will be the one to send the documents to the NVC or National visa Center. Upon receiving the necessary forms from the Department of State, the NVC will send the petition to the embassy or consulate where the marriage took place.
The K-3 visa allows a spouse of a U.S. citizen to remain in the US with a nonimmigrant visa while processing an immigrant visa. The spouse also needs to fulfill the requirements for the immigrant visa.
The Application Process
You need to apply your visa application to a U.S. embassy or consulate to where your marriage to a U.S. citizen took place. The embassy will ask you to pass the following requirements:
- 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 marriage
- Medical examination (except vaccinations)
- A passport valid for travel to the U.S. and with at least six months validity beyond the applicant’s intended period of stay in the U.S.
- 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
Take note that some consular officers require more supporting documents or proof that your marriage is genuine so you should also bring wedding photos. Bring other civil documents on the interview.
Limitations of a K-3 Visa
- You cannot change to another immigrant status
- You cannot enter into the U.S. if you have had a previous violation to the immigration laws of the U.S.
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