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K-3 Spousal Visa

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The U.S. citizen marries the foreign
fiance in the USA or in another country, the foreign fiance goes back to their country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

When the US citizen receives the notice of receipt from the service center for the I-130 petition, the US citizen files an I-129F petition to the Chicago center address for a K-3 visa. Chicago sends this to the Missouri Center, and after Missouri approves the petition, it is forwarded to the foreign US consulate.

The raft of the K-3 spouse petition is similar to a K-3 fiance visa process. The K-3 spouse files for adjustment of status after entering the U.S., however has 2 years in which to do so. (The visa is a 2-year multiple re-entry visa).

Nonimmigrant Visa for a Spouse

What Is a Nonimmigrant Visa for a Spouse K-3 Visa?
What Is a "Spouse"?
Two Petitions are Required

What Is a K-3 Visa?

Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 Visa and K-4 Visa) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

What Is a "Spouse"?

A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration.

U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.

Filing - Two Petitions are Required

To obtain a K-3 Visa, you must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

Read More about how to obtain a K-1 Visa or K-3 Visa.K1 K3

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