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Important Aspects Of The K3 Marriage Visa

By Juliette Cruz

As an American citizen, one is at liberty to be married to nationals from other countries. Many people do encounter some degree of difficulty, however, when it comes to seeking citizenship for their non-citizen spouses. This is common both to those who decide to get married before entry into the States and those who wish to complete the immigration process first. The k3 marriage visa is one of the documents needed to complete this process successfully.

There are different laws addressing these kinds of relationships depending on their exact nature. A situation where one is seeking nationality for their fiancee is quite different from that in which one is doing so for their spouse. For people still planning to get married, they will need to apply for a k1 fiancee visa. Those that are already married need the k3.

Any American citizen is eligible to apply for any of these documents. Overall, it is easier to obtain the K1 than the k3 document. This does vary, however, depending on a number of factors such as the exact place in the United States where the application is made as well as the foreign consulate where the processing is done. Other causes of delays include changes in the law and the total number of applications pending.

For the k3 visa the couple must be married first as a prerequisite. This is usually done in the country of the spouse but as well occur in the United States if the spouse has already moved into the country. The spouse may need to go back to their home country and wait for the process of application to be completed. This is largely dependent on the circumstances under which they entered the country.

The citizen is required to apply for a relative petition for their spouse using the form I-130. This is filed with United States Citizenship and Immigration Services (USCIS). It is an application for permanent residence. They may, as an alternative, apply for a green card. The time it takes to have the spouse in the country is much shorter using the k3 as compared to marriage-based petitions.

The applicant is issued with a receipt of the I-130 which guarantees their spouse temporary residence as they wait to get the permanent status. Children belonging to the alien can also be brought to the United States if they are unmarried minors. These will apply for their citizenship later on. It is possible for the spouse to get a job even at this time as long as they have an employment authorisation document.

Successful applicants are given an initial period of 2 years. They need to apply for a renewal of their stay after this time elapses. This must be done within 120 days before the expiry. They must still be married at this time. If divorced, their status is terminated within 30 days of the divorce.

The process of applying for a k3 marriage visa is very complicated. It includes very many details most of which have serious legal implications. Making a small mistake could potentially lead to a denial even after long periods of waiting. The general advice is that one should have a good attorney who is knowledgeable in matters of citizenship and immigration.

You can visit the website for more helpful information about The Basic Facts Regarding The K3 Marriage Visa

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Article Citation
MLA Style Citation:
Cruz, Juliette "Important Aspects Of The K3 Marriage Visa." Important Aspects Of The K3 Marriage Visa. 18 Oct. 2012. 5 Aug 2014 <>.

APA Style Citation:
Cruz, J (2012, October 18). Important Aspects Of The K3 Marriage Visa. Retrieved August 5, 2014, from

Chicago Style Citation:
Cruz, Juliette "Important Aspects Of The K3 Marriage Visa"

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