The K3 Visa for Spouses

To the eligible children qualify for the K3 Visa there are several requirements that the applicant must fulfil, they include:

• Being the spouse of a U.S citizen – a spouse refers to a legally wedded husband or wife. Living together does not qualify a marriage for immigration, however common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. Same-sex spouses of U.S citizens are also eligible for the same immigration benefits under the K3 visa.
• Undergoing a medical examination – this is required of anyone who wants to immigrate to the US.
• The U.S citizen spouse must have filed Form I-130 for their foreign spouse, without this form being filed the foreign spouse does not qualify for a K3 visa that would allow them to join their spouse in the U.S whilst awaiting approval for a Green Card.

The K3 visa allows foreign spouses to join their partners in the U.S whilst they await approval for a Green Card, it is worth noting that there are other eligibility requirements that must be met in order for legal spouse to receive a Marriage Green Card, such as the minimum income requirement. A U.S citizen sponsoring their foreign spouse for a Green Card by filing petition I-130 must meet an annual income of at least  $21,775, assuming they are not in active military duty.

The K3 visa application is complex and there are several steps to the application process. This first part of the application process must be completed by the U.S citizen spouse who will act as the U.S sponsor for legal marriage certificate their foreign spouse. The first part of the application process is to file the petitions for the foreign spouse to be granted entry into the U.S, the petition process is as follows:

1. The U.S citizen sponsor must file Form I-130, Petition for Alien Relative, with the Department of Homeland Security at their local U.S Citizenship and Immigration Services (USCIS). The USCIS will send a Notice of Action (Form I-797) to inform you that they have received the petition.
2. Once the USCIS has received the petition the U.S citizen spouse must then file Form I-129F, Petition for Alien Fiancé
3. After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

The next step of the application process is the visa application itself, the same foreign citizen spouse or spouse will need to apply for the K3 Visa at U.S Embassy or Consulate in their home country. Once the USCIS has approved form I-129F and sent it to the NVC will then send a package to the K3 visa applicant containing information and instructions about how to apply for the K3 visa and the required documents.

The K-3 visa process that the foreign spouse must follow includes:

1. Filing Form DS-160, this is the Non-immigrant Visa Electronic Application that all non-immigrant visa applicants must complete. The form must be completed online and the K3 visa applicant must get the confirmation page to use later.
2. Getting a medical examination and any necessary vaccines. Immigrants entering the US must comply with certain medical and vaccination requirements. K3 visa applicants must undergo a medical examination as part of the K3 visa application process. Depending on which country the foreign spouse is from, they may also be required to get certain vaccines, details on this will be included in the information package sent by the NVC.
3. Submit all the relevant supporting documents, alongside the application form you will need to submit several documents to prove that you can meet the K3 visa requirements
4. Attend an interview, once you have submitted all the supporting documents the NVC will schedule an interview at your local U.S Embassy or Consulate. At the interview you will be asked about your background and reasons for going to the U.S. You may also be asked for some additional documents

Your supporting documents are an incredibly important part of the K-3 and Visa interview process, without the proper documents your application could be denied. The documents that you are required to submit include:

• A completed Form DS-160, Online Non-immigrant Visa Application, you will need to print the confirmation page and bring it with you to your interview.
• A valid passport that has at least six months validity beyond your intended period of stay in the United States.
• Your Birth certificate
• Your marriage certificate for the marriage to the U.S. citizen spouse
• Divorce or death certificates of any previous spouses
• Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16.
• Medical examination
• Evidence of financial support
• Two passport-sized photographs
• Evidence of relationship with your U.S. citizen spouse
• Receipts to prove you have paid the application fees

Any documents that are not written in English will need to be professionally translated before you submit them.

There are a number of fees involved in the overall costs of applying for a K3 visa, they include:

• Filing a Petition for Alien Relative, Form I-130 – $535
• Filing an Alien Fiancé(e) Petition, Form I-129F – $535
• Nonimmigrant visa application processing fee, Form DS-160 –  $190
• Medical examination – costs vary
• 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 U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
• Filing Form I-485, Application to Register Permanent Residence or to Adjust Status – $1,140

In total it costs at least $1,260 to obtain a K3 Visa and a further $1,140 to make the US your permanent home after obtaining the K3 visa.

The K-3 visa process can be complex and time consuming due to the way that the application process is split between the U.S citizen sponsor and the foreign spouse, both of which must go through several complicated steps. This complex process means that it can be easy to make a mistake when applying for a K3 visa, but doing so could result in your application being rejected. If this happens you will lose your application fees and will have to through the whole process again.

Here at Total Law we can save you time, stress and money by helping you through the K3 Visa application process. Our expert immigration lawyers will work with you and your spouse to ensure that your application is completed to the highest standard, giving you the best chance of success. Call us on +1 844 290 6312.