K-3 Visa for Spouses of U.S. Citizens

K-3 Visa for Spouses of U.S. Citizens

Every year, millions of people fall in love with one another at various parts of the world. The U.S and her citizens are no exception. Some couples meet overseas, some meet when the foreigner is working, travelling or studying in the U.S. Research as shown that in few cases, both couples are actually foreign born but one of them has become a U.S citizen or permanent resident. Irrespective of how each story came about, the topmost priority right now may be to join up in the U.S as soon as possible.
Anyone who has entered into a bona fide, legal marriage to a U.S citizen or a lawful permanent resident can qualify for this category of visas. Bona fide means that the marriage is based on a desire to create a life together with your new spouse, not merely for a desire to obtain a green card; and for the marriage to be legal, it means that such a marriage is recognized by the laws of the land and country which you live in. It does not matter whether the marriage ceremony is carried out in the U.S or somewhere else. It is essential however, that the marriage respects local laws and that you obtain a document, such as a marriage certificate to prove that you done so.
A K-3 visa is a temporary family visa that allows spouses of U.S. citizens to come to the U.S. to live with their spouse while waiting for their visa number (I-130) to become available. Spouses of U.S. citizens who are beginning the immigration process are not required to obtain a K-3 visa, however this process may be faster and permit the spouse to enter the U.S. sooner than waiting for their I-130 alone. A K-3 visa is only available to spouses of U.S. citizens who live outside the U.S.


K-3 Visa Entitlements

A K-3 visa provides the holder with the opportunity of reuniting with their spouses in the U.S. while waiting for their Green Card application to be processed. K-3 visa holders may undertake employment in the U.S. with an approved employment authorization.
Unmarried children under 21 years of age may apply for the applicable derivative visa (K-4 visa) to accompany their parent to the U.S. and wait for their Green Card application to be processed in the U.S.


K-3 Visa Requirements

To qualify for a K-3 visa, the applicant must be living outside of the U.S., be married to a U.S. citizen and have taken the first step in the immigration process by applying for a visa number (I-130). K-3 visa applicants may also be required to meet certain health and character requirements.

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