K-3 Visa Problems
There are several different visa types, including tourist visas and visas for work, study, business and family. The K-3 visa, or spousal visa, sometimes is abused by people looking for a way to enter or stay in the United States.
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What is a K-3 visa?
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A K-3 visa is a visa issued to a person who is the spouse of a U.S. citizen, so that she can stay in the United States while awaiting an immigrant visa.
Legal Definition of Marriage
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In this case, a spouse is defined as a legally wedded couple. Cohabiting partners do not qualify, but common-law partners might qualify.
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Intent of the K-3 Visa
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The K-3 visa was developed in order to keep families together when a U.S. citizen marries a non-citizen and wants to return with his spouse to the United States.
Problems with Intent
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Many people have entered into marriages simply to get a K-3 visa, rather than to create a legitimate marriage. As a result, the U.S. Immigration Services investigates the legitimacy marriages involved in K-3 visa applications.
Children
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Children involved can be granted a visa only after the parent is granted a K-3 visa.
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