How To Get Your Foreign Spouse A K3 Visa

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A k3 marriage visa allows a legal United States citizen’s spouse to live in the United States while the spouse is awaiting approval of a green card application or to complete their own immigration process. If a k3 marriage visa is approved, the spouse of a U.S. citizen can legally enter and live in the U.S. under a nonimmigrant visa category.

Although the immigration process can be daunting, especially for spouses and children, the k3 marriage visa process is fairly straightforward and can be easily completed without necessarily needing to pay for the services of an immigration lawyer.

To be eligible for a k3 visa, more commonly known as the “marriage visa,” the spouse must be legally wedded to a U.S. citizen. In addition, the spouse must already have a green card petition filed and awaiting approval or, alternately, be seeking to come to the U.S. to obtain permanent resident status.

Common law husbands and wives may be eligible depending on the laws of the country that acknowledged the common-law status of the couple. Partners that have cohabitated for an extended period of time, however, are not eligible. If either spouse was married prior to applying for the k3 visa, then they must provide documentation proving the marriage was legally terminated in the country where the previous marriage took place.

The application process starts with the spouse, who is a US Citizen, whereby they file form I-130 with the USCIS. The Notice of Action form, form I-797, will be sent to US citizen indicating that the USCIS has in fact received the I-130 form.

Next, the citizen will need to file the form I-129F, or the Petition for Alien Fiance, for the spouse and children. Make sure all is in order and return the I-129F with the I-797 form and any other requested documentation.

These documents will all be processed through the National Visa Center. If the couple was married in the US, then the approved petition is sent to the US consulate or embassy in the country of the spouse’s nationality. However, if the spouse applying for the k3 visa is from a country where the US has no consulates or embassies, then it is sent to the country which issues visa for that country.

The k3 visa should not be confused with the k1 visa, otherwise known as the fiance visa. The key word here is fiance, which denotes the marriage has not yet taken place. This brings about another process entirely. For example, once the k1 visa has been approved the fiance can enter the country only once and the marriage must occur within 90 days of the spouse’s entry. Additional documentation must be filed for the non-citizen spouse to be able to travel. Then of course the fiance is considered an immigrant and must meet all the requirements of a person applying for a nonimmigrant visa.

If the rather convoluted process of bringing a spouse, fiancee or child over to the U.S. is far too challenging or time-consuming for the U.S. citizen attempting to unite his or her family, the spouse can utilize the resources of an immigration lawyer or immigration service. These agencies employ attorneys that sub-specialize in various fields of immigration law including the immigration visa process and help navigate people through the green card application process. With the help of an attorney, U.S. citizens reunite with their loved ones quickly and legally.

William Kolemann has discussed the k3 visa interview over the years and has written many articles about the fiance visa.

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Article Citation
MLA Style Citation:
Kolemann, William "How To Get Your Foreign Spouse A K3 Visa." How To Get Your Foreign Spouse A K3 Visa. 27 Oct. 2009. uberarticles.com. 1 May 2012 <http://uberarticles.com/legal/how-to-get-your-foreign-spouse-a-k3-visa/>.

APA Style Citation:
Kolemann, W (2009, October 27). How To Get Your Foreign Spouse A K3 Visa. Retrieved May 1, 2012, from http://uberarticles.com/legal/how-to-get-your-foreign-spouse-a-k3-visa/

Chicago Style Citation:
Kolemann, William "How To Get Your Foreign Spouse A K3 Visa" uberarticles.com. http://uberarticles.com/legal/how-to-get-your-foreign-spouse-a-k3-visa/

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