It is a non-immigrant visa and is meant for a foreign-citizen spouse of a citizen of the United States. This visa is to reduce the physical detachment between the US citizen and foreign-citizen spouses by giving them the option to get a K-3 overseas visa and get into the United States to expect the approval of the petition of the immigrant visa petition. On the petition getting approved, the recipients of the K-3 visa need to subsequently apply with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) to set the status to that of a permanent resident (LPR).
K-3 Visa- What is it?
The applicant of a K-3 visa has to meet the requirements of the immigrant visa. As per the laws of the United States, a citizen of another country who marries a citizen of the United States outside the U.S. has to apply for their K-3 visa in the specific country of marriage. The applicants of K-3 Visa whose children are eligible will get the K-4 visas. The K-3, as well as the K-4 visas, permit their receiver to remain in the United States till the pending immigrant visa petitions get approved by the USCIS.
A person who is the husband or wife as per law is known as a spouse. These days, same-sex spouses of both U.S. citizens as well as Lawful Permanent Residents, in addition to their minor children, if any, are eligible for all the immigration benefits just like the opposite-sex spouses.
Simply living together with each other is not termed and considered as marriage for the purpose of immigration.
Common-law spouses might be eligible for immigration purposes as spouses based on the laws of the place where the common-law marriage has taken place. When it comes to polygamy, the first spouse only might be considered as a spouse for the purpose of immigration.
Process of filing for the K-3 visa:
Form I-130, Petition for Alien Relative, must be first filed with the Department of Homeland Security (DHS), the U.S. Citizenship and Immigration Services (USCIS) office which serves the specific area where you reside. A Notice of Action (Form I-797) will be sent across to inform you of the receipt of the petition. Post this, the Form I-129F, Petition for Alien Fiancé(e), must be filed for the foreign-citizen spouse along with stepchildren. Once the petitions are approved by the USCIS, they are sent across for processing to the National Visa Center (NVC).
Once the petitions get approved by the USCIS or when the I-130 gets approved by the USCIS before approving the I-129F, the need for the K-3 visa ends. In case both the I-130 and I-129F are approved and received by the NVC, the K-3 visa case gets closed. In case only the approved I-129F petition is received by the NVC before getting the approved I-130 petition, then the I-129F petition gets processed and sent to either the U.S. Embassy or the Consulate in the country of marriage. The particular U.S. Embassy or Consulate will guide you with the instructions as to where the medical examination needs to be done. Ink-free and digital fingerprint scans are taken at the time of the interview.
The documentation needed for the process will have to be brought by you and the minor eligible children. For example, the Form DS-160, Online Nonimmigrant Visa Application, valid passports, birth certificates, marriage certificates, divorce certificates or death certificates, medical examination, financial support evidence, etc.
Review Additional instructions
You must check for any additional instructions for the K Visa interview, by the U.S. Embassy/Consulate.
The applicant also has to fix a medical examination and complete it. The examination has to be done by an authorized panel physician. Instructions pertaining to medical examinations will be provided by the U.S. Embassy or Consulate inclusive of information regarding authorized panel physicians. vaccinations needed under the US immigration laws must be done by the K visa applicants.
Financial Support Proof
At the time of the visa interview, applicants might have to present proof of financial support. The Consular Officer might indicate a submission of Form I-134, Affidavit of Support, by the U.S. citizen spouse.