How to Obtain a K-3 Visa After Deportation

To get a U.S. visa after deportation, you will need to prove extreme hardship for your family.

After a person has been deported, it can become very difficult to apply for and receive a U.S. immigration visa. The K-3 visa is designed to reunite spouses. It is a multiple-entry visa but does not grant the right to work in the United States and is valid for only two years. Deportation cases should be reviewed by a qualified immigration attorney, as the law regarding re-entry to the United States changes frequently and new USCIS guidelines may change the immigrant's situation.

Things You'll Need

• I-129F petition
• I-130 petition
• Forms G-325A (biographical information)
• I-864 (Affidavit of Support) and three years of U.S. tax returns for petitioner
• Marriage certificate for current marriage
• Divorce, death or annulment certificates for prior marriages
• Current, machine-readable passport for immigrant
• Proof of U.S. citizenship or permanent residence for petitioner
• Certified translations for non-English documents
• Proof of bona fide marriage--e.g., wedding photos, joint financial documents, plane tickets
• I-212 Hardship Waiver and Hardship Evidence

Instructions

1. Assemble the I-130 package for mailing. The U.S. citizen or resident files on behalf of a spouse. The petition package should include the I-130 form, which contains information about the immigrant spouse. Also include a copy of the U.S. resident petitioner's U.S. passport, U.S. birth certificate or current passport and green card, a copy of the G-325A filled out for the spouse and the petitioner, the marriage certificate, copies of the divorce, death or annulment certificates for any previous marriages for either party, a 2-by-2-inch passport photo of the spouse and of the petitioner, and a check or money order for the I-130 fee. Include evidence of a bona fide marriage such as photos, joint financial documents, travel evidence such as plane tickets and phone records.

2. Make two copies of the entire I-130 package and all evidence. Give one to the U.S. resident spouse and one to the foreign spouse.

3. Mail the I-130 package to the USCIS service center listed on the I-130 form for your state. You will receive a Notice of Action indicating that the processing has begun and a transfer notice indicating that the I-130 has been transferred for processing. Make two copies of each notice.

4. Assemble and mail the I-129F package to the USCIS service center listed on the transfer notice. This package includes the same evidence as was used for the I-130 package along with a copy of the Notice of Action and transfer notice. Once the petition is approved, a second Notice of Action will be sent to the U.S. petitioner and the petition will be forwarded to the Embassy or Consulate in the spouse's country.

5. Make a copy of the second Notice of Action and send it, along with copies of the I-129F and I-130 package, to the foreign spouse. Also send the I-864 Affidavit of Support and three years of U.S. tax returns showing at least 125 percent of the current poverty guideline.

6. Fill out the immigrant visa application forms mailed by the embassy to the foreign spouse. This includes the DS-156 Immigrant Visa Application.

7. Schedule and attend the medical interview given by the U.S. embassy-approved doctor. The embassy includes a list of approved doctors with the application packet.

8. Gather the required forms on form IV-15, the visa interview checklist. This includes the copies of information sent over by the U.S. petitioner. Send the IV-15 back to the embassy to inform the embassy that you are ready for the visa interview.

9. Prepare your I-212 Hardship Waiver. This form includes information about your deportation. To be granted a visa, you will need to prove that failure to bring the foreign spouse to the United States will cause extreme hardship on the U.S. spouse and family. Include information such as letters detailing the hardship from the U.S. spouse, family and children, health records, evidence of economic hardship and evidence that moving abroad would cause hardship for the U.S. family.

10. Attend the visa interview. The visa will be denied based on the evidence of deportation given by the applicant. Submit the prepared waiver for consideration. The embassy or consulate will process the wavier, which can take several months or years, and if the waiver is accepted, the K-3 visa will be issued.

References

• Family Based Immigration Forms
• USCIS: Application for Permission to Reapply for Admission into the United States After Deportation or Removal
• USCIS: How Do I Help My Relative Become a Permanent Resident?