K3 Visa
The K3 Visa process used to be a popular method when first introduced, but many people now choose to file the CR1 marriage visa. The K-3 spouse visa is considered a nonimmigrant visa that permits the foreign spouses of U.S. citizens to immigrate to the USA and await for the availability of an immigrant visa.
To apply for the K3 visa, the U.S. citizen must first file form I-130. I –130 is completed and signed by the United States Citizen. You must also fill out two G325A forms. One G325A form must be completed and signed by the United States Citizen, and the other must be completed and signed by the foreign spouse. One passport style photo of each person must be attached to each G325A form.
After the USCIS receives the I-130 and mails the I-797C Notice of Action to the U.S. applicant, then form I-129F can be filed with a copy of the I-797C Notice of Action. In addition to the I-129F, two copies of form G325A must be included. One G325A form must be completed and signed by the United States Citizen, and the other must be completed and signed by the foreign spouse. One passport style photo of each person must be attached to each G325A form. You must also submit all of your supporting documents such as copies of marriage certificates, birth certificates, divorce documents, and evidence of relationship.
If the I-130 is approved first, then the application can be completed using the I-130. If the I-129F is approved first, then the application can be completed using the I-129F. The problem with the K3 is that most people do not use it, because most of the time the I-130 end up getting approved first. Many people simply file the I-130 without the I-129F. When the foreign spouse arrives in the USA based on form I-130, they receive their two year conditional resident card within 30 days of their arrival. If they arrive based on form I-129F, then they must file for the adjustment of status.
If the foreign spouse arrives in the USA based on form I-129F, then they must file for the adjustment of status. This method usually ends up being more expensive because of the adjustment of status fees. Children under the age of 21 years can be added to the K3 visa as K4 dependants. However, if children are added to the application, the parent and children must interview together based on the approved I-129F form. Otherwise, separate I-130 forms will need to be filed for each child. However, form I-130 can only be filed for children if the marriage legally occurred before their 18th birthday. If any children were age 18 at the time of marriage, and under the age of 21, then it essential that they interview based on form I-129F. They will not qualify for form I-130. If any child turns 21 at any time during the process, they will no longer be eligible for a visa.
Was this information helpful? Please “Like’ it on Facebook and help us share this information with others!
US K1 VISA
There have been 14 articles published so far. Keep Checking Back Often For New Articles.