If you are a U.S citizen who has legally married abroad to a foreigner then this blog is for you. This blog has all the details regarding how you can have your ‘alien’ spouse join you in the U.S. A K3 visa is what you need to bring your spouse to the U.S with you and we will help you get to know all about it in this article. Instead of waiting a long time for the traditional immigrant visa process, your spouse can enter the U.S as a non-immigrant by obtaining a K3 visa. Read the requirements to be eligible for a K3 visas, the process of applying.
Overview of K3 Visa?
For a foreigner to come to the USA with a non-immigrant status as a spouse of a U.S citizen, a K3 visa is required while the application of permanent residence is being processed. It is only applied to couples who are legally married and if one of the spouses has a U.S. citizenship
Eligibility Criteria for a K3 visa.
The eligibility criteria for a K3 visa is very clearly stated in the immigration law. The basic requirement that needs to be fulfilled is that you should be a legally married couple and your spouse is a foreigner. Following are the other requirements that you need to fulfil for getting a K3 visa.
- The U.S citizen spouse must submit the duly filled family sponsorship form (Form I-130)
- The submitted Form I-130 must be pending with USCIS at the time of submission of the application and proof of its submission must be attached with the application.
- ‘Alien’ Fiancé petition, Form I-129F has been sent to foreign U.S consulate of the country where the spouse is currently residing in approved status.
- The U.S citizen spouse must fulfil the financial requirements mentioned in the law. The income must be at least equal to the minimum required by the law. In case the gross income is not equal to the required amount, an affidavit of support must be submitted by a joint sponsor.
K3 Visa application process?
Do you want to apply for a K3 visa for your ‘alien’ partner from abroad but are confused regarding the procedure? We’ve compiled a list of steps for the application process below. In case you have any more queries, you can contact the best immigration lawyers in London at iasservices.org.uk and they will guide you through the process.
Step-1: Form I-130 Petition
- U.S. birth certificate Evidence of U.S. Citizenship. Could be a passport or a certificate.
- Both partners, Form G-325A, Biographic Data Sheet,
- Copy of Foreign Spouse’s Passport
- Birth certificate of the foreign spouse
- Proof of legal marriage (Marriage Certificate or any other relevant document).
- Passport size photograph of both the spouses.
- Divorce decree, death certificate, or marriage annulment if either of both spouses has been married previously.
Step-2: File Form I-129F Petition
Along with filling in the form, you need to submit the following documents.
- U.S. citizenship evidence (copy of U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship).
- Foreign spouse passport copy
- Proof of legal marriage (Marriage Certificate or any other relevant document translated into the English Language if the original document is any foreign language).
- Divorce decree, death certificate, or marriage annulment if either or both spouses have been married previously.
- Record of any previous visits of foreign spouse, if any (Arrival/Departure Record) must be submitted.
- Passport size photographs of both partners
- Form I-797, Receipt Notice for Form I-130.
It takes almost 30 days for USCIS to issue the Form I-129F receipt notice that indicates that you have submitted the petition and now it is under process. The process timings are different for each application and merely depends upon the staff and workload at the time of your petition submission. On average the processing time is almost 6-9 months. After the applicant partner is sent correspondence of approval, the very next step is to apply for a visa by filling in the DS-160 visa application form available on the website of the U.S. Department of State. If you are facing any issues regarding filling the petitions then you must seek the services of immigration lawyers
Step-3: Submit Form DS-160
You have to create a user account first on the U.S Department of State and then DS-160 download the form given there. You need to fill in the form and submit it electronically. You will receive a barcode for future use on the confirmation page of your portal after submitting. You can track your application status and wait until you get the decision on your application.
The process of submitting these forms can be complicated if you’re not aware of the different documentation requirements. You can reach out to the best immigration lawyers near you for more information and assistance with your application.
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