The K-3 Visa is meant to lessen the distance between two spouses allowing them to live together in America with full citizenship granted to the foreign spouse. A K-3 Visa allows entry to America and temporary citizenship until an immigrant Visa petition goes through.
A K-3 Visa will always offer a temporary stay for a foreign spouse and only allow them to stay seasonally. However the foreign spouse can choose to become a full citizen by applying for a permanent switch to US citizenship through the Department of Homeland security and Immigration services once the petition signed after obtaining a K-3 Visa is approved.
How do you apply for the K-3 Visa?
It is first crucial to know just what the American consulate defines as a ‘spouse’. A ‘spouse’ is any legally wedded wife or husband to the US Citizen; however people living together without a legal marriage arrangement are not recognize as a spouse. Foreign spouses affected by Common-laws of a country they are from will apply for the immigration Visa under extra guidelines from the Common Law. In case of a polygamous marriage, only the first spouse to the American citizen qualities for the K-3 Visa and later non-immigrant Visa. Same sex marriages on the other hand are not recognized by immigration law.
The first step to applying for a K-3 Visa is to obtain the forms either from the US immigration website or you can walk to their embassy and pick the forms there. The US Citizen who is a spouse to the foreigner will also need to fill the petition forms with Department of Homeland security and US immigration in the state they live in; Form I-130 is petitioned for a relative to the foreign spouse while the form I-29F is petitioned for the foreign spouse, fiancé or stepchildren. When the forms are approved they are sent to the National Visa Center.
When the two forms, I-130 and I-129F, are approved by the USCIS, then the foreign spouse may no longer need to apply for the K-3 Visa; same conditions apply when the I-130 form for the foreign relative is approved before the I-129F. The non-immigrant visa application automatically closes, however if these two forms are pending, then a K-3 Visa becomes necessary.
What are the prior requirements for the K-3 Visa?
Like most travel documents, there are always the basics you require in order to get a K-3 Visa. First the foreign spouse needs to obtain a travel passport to the US and must be valid 6 months prior to the period of stay in America. The foreign spouse will also need to carry their birth certificate (copy) and marriage certificate proving marital connection to the US citizen.
In case the foreign spouse was previously married or divorced, then they will need to carry a copy of the death certificate and Divorce papers while applying for the Visa. Police certificates for the foreign spouse and kids are required and must be from a country or countries they have lived in for more than 6 months. A prior medical test is also crucial as well as vaccination against certain epidemics. The other requirements are;
- Proof of financial stability
- 2 Passport photos
- Evidence of relationship with US citizen
- Visa fee for the entire transaction
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