What Is The K3 Visa?
The K3 visa allows spouses of American citizens to enter the U.S. with temporary legal status while they wait to obtain a green card. There are some important caveats to consider before applying for the K3 visa, including a long 10-month wait time. Keep reading to learn more about the k3 visa and the application requirements and process.
Applying for a k3 visa? Contact Attorney Eric Price today at 1-855-662-2772. Our goal is to help immigrants obtain legal status in the United States by offering a unique and well-thought-out immigration relief plan. We do this by providing the best legal strategies, presenting great quality work, and by building a long-lasting relationship with our clients.
Who Is Eligible For The K3 Visa?
The K3 visa is for the foreign spouse of a U.S. citizen. It allows foreign nationals to enter the United States to await approval of the immigrant visa petition.
Comparing The K3 Visa To The CR-1 & IR-1
K3 visas and CR1 and IR1 visas are all visas for spouses of U.S. citizens. But, there are differences between the visas.
IR-1 Visa
The IR-1 visa is a kind of immigrant visa that’s issued to foreign spouses of U.S. citizens. To be eligible for an IR-1 visa, the couple must be married for more than two years.
CR-1 Visa
The CR-1 visa is an immigrant visa that requires applicants to wait in their home country for the application to become a U.S. legal permanent resident to be processed. Once the CR-1 visa is issued, the immigrant is granted both a single-use visa for travel-related purposes in and conditional U.S. legal permanent resident status. If a couple has been married for less than two years, they will receive a CR-1 visa.
K3 Application Process
To obtain a k3 visa, the American spouse must file the following forms:
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Form I-130: Submit Form I-130, Petition for Alien Relative to the correct USCIS address, which you can find on the “Where to File” section of the Form I-130 page. When the USCIS receives your form, you will receive Form I-797, Notice of Action.
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Form I-129F: Submit Form I-129F, Petition for Alien Fiancé(e) page to the correct USCIS address, found on the “Where to File” section on the Form I-129F page. You can file this form together or after you file Form I-130. If you decide to file it after filing Form I-130, you will need to include a copy of Form I-797, Notice of Action, to prove that USCIS received your Form I-130.
Applying For A Visa
There are several required documents when applying for the K3 visa. You must make sure you submit the following required documentation:
Required Documentation
Completed Form DS-160, Online Nonimmigrant Visa Application. The American spouse must: complete Form DS-160 and print the DS-160 confirmation page to bring to the visa interview.
A passport that is valid for travel to the U.S. at least six months beyond your intended stay in the U.S.
A copy of the foreign spouse’s birth certificate, marriage certificate, divorce or death certificate from any prior marriages, and police certificates from the foreign spouse’s home country.
Proof of medical exam
Evidence of financial support. USCIS may request Form I-134, Affidavit of Support.
Evidence of relationship with the U.S. citizen spouse
K3 Visa Cost
The processing fee for the K3 visa is $265, which can be paid online. There are also fees associated with:
Filing Form I-130: $325
Filing Form I-129: $460
Form I-485: $750
Medical exam fee
Other fees incurred from attorneys, translation, and photocopying
K3 Visa Processing Time
Obtaining a K3 visa takes some time, largely because of the waiting period for the approval of Forms I-130 and I-129F. Then, you have the submit Form DS-160 and schedule the interview, which takes another two to three months. You should expect to wait between six months to one year before you will receive your K3 visa.
F.A.Qs About The K3 Visa
Now, let’s go over some of the most frequently asked questions about the K3 visa process.
Can The K3 Visa Be Extended?
Only in certain instances, for example, a consular officer can extend the k3 visa petition if it expires before visa processing is complete.
Does My U.S. Citizen Spouse Need To File Separate Petitions For My Children?
No. Your children can apply for K4 visas as long as the Form-129F Petition for Alien Fiancé is approved. The U.S. citizen spouse must list the children on that petition.
Are My Children Required To Travel With Me?
Children may travel with you to enter the U.S. Or, they can travel later to join you. Similar to adult visas, children are also required to travel within the validity of their K4 visas. There is no need for separate petitions if the children accompany or “follow to join” their immigrant parent within one year from the date of issuance of your K-3 visa.
Is The K1 Visa Better Than The K3 Visa?
K1 Fiancé Visas are typically preferred over K3 visas because they are considered the cheapest, quickest, and easiest route.
Is The K3 Visa Still Available?
The K3 has been out-of-date for several years. People who submit a K3 nonimmigrant visa petition will likely have their petitions changed to the CR1/IR1 Immigrant Visa.
What Happens If My K3 Visa Application Is Denied?
If your visa has been denied, it’s important to contact an immigration attorney immediately. An immigration attorney will go over your file, help you understand the reasoning behind USCIS’s denial, and help determine what the next best course of action is for your case. Reasons dor denial.
Contact Attorney Eric Price Today!
Your future with your family in America is far too important to handle on your own. When you partner with Attorney Eric Price, you are specializing with an award-winning immigration attorney dedicated to ensuring the best outcome possible for your case. Contact Attorney Eric Price today for a free consultation and claim your piece of the American Dream.
