How to Apply for a K3 Visa

By Jenn McFadyen

File for a K3 visa and soon you and your spouse will be together in the U.S. File for a K3 visa and soon you and your spouse will be together in the U.S.

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A K3 visa is a non-immigrant visa allowing a foreign spouse to enter the U.S. and apply for an adjustment of status for permanent residence. Obtaining the K3 visa is a multi-step process including a petition by the U.S. spouse to the U.S. Citizenship and Immigration Services (USCIS), an application by the foreign spouse to their local U.S. consulate to obtain the visa and an interview. If you want to bring your foreign spouse to live in the United States, you'll want to read the following steps.

Instructions

Difficulty: Moderately Challenging

Step1
The phase in the process is for the U.S. spouse to submit a petition for their foreign spouse to apply for the K3 visa.

The U.S. spouse submits a petition for alien relative (Form I-130) to the appropriate service center. Read the instructions on the form to determine which center services your area.
Step2
The U.S. spouse receives notice of receipt from the USCIS then submits a petition for alien fiancé (Form I-129F) to the appropriate service center.
Step3
The U.S. spouse receives notice of receipt followed by a second notice, approving the petition.
Step4
The service center sends the petition to the National Visa Center and the National Visa Center sends the approved package to the foreign spouse's local U.S. consulate.
Step5
After the petition has been approved, the foreign spouse may apply for the K3 visa.

The foreign spouse receives notice from the consulate that the package has been received, and a checklist is provided for additional items that will be required for the K3 visa interview.
Step6
The foreign spouse gathers the required documents and sends the completed checklist to the consulate. Once received, the consulate will send a letter to the foreign spouse confirming the date and time of the visa interview.
Step7
The foreign spouse attends a medical interview.
Step8
The foreign spouse attends the visa interview. The interviewing officer will review all documents, question the foreign spouse and make a decision on the case.
Step9
The foreign spouse may now travel to the U.S. At the port of entry, an immigration officer will review the paperwork and finalize the visa, allowing the foreign spouse to officially enter the U.S.
Step10
As soon as the foreign spouse is able to, an application should be made for adjustment of status to permanent residence. Or, if the alien relative petition is approved (I-130), the spouse may travel back to their country and return to the U.S. as a permanent resident.

Tips & Warnings

  • Consult U.S. Citizenship and and Immigration Services for the most current policies and procedures, follow instructions provided on the forms and consult an immigration attorney if you have any questions.

Photo/Video Credit

Photo courtesy of Mart1n at sxc.hu

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eHow Article:  How to Apply for a K3 Visa

eHow Member: Jenn McFadyen

Jenn McFadyen

Authority Authority | 5500 Points

Category: Legal

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