Steps Pro and Cons of Getting K3 Visa for Immigration to US
The foreign countries, especially European nations, are strictly executing their immigration rules presently. However, it used to be challenging to get the US visa. But some prospective individuals linger on k3 visa to get migrated to the US for good post marriage.
If you are one of those who have been married to the US native, this article is for you. You would find A to Z information about K3 visa, steps to get it and its advantages & disadvantages.
What is K3 visa?
As aforementioned that it’s obtained post wedding, this visa is known as the marriage visa or spousal visa. This significant document is valid for those who tied knot with the US citizen in the foreign country (outside the US).
Indeed, the USCIS faced several hurdles while verifying and allotting this visa. Consequently, delays were more frequent. To overcome those complexities and cut on time of visa processing, K3 visa was introduced in 2001. Thereafter, the years were converted into months to bring the foreign spouse to America.
Why k3 visa is required?
It’s just like an entry ticket to America for the expat spouse. Erstwhile, such applicants had to wait until the USCIS showed green signal to come and reside there. But now, the wait factor is removed. The foreign spouse can enter post marriage via it. Thereafter, she/he can apply for permanent citizenship of the USA. So, don’t misunderstand it with the green card or citizenship certificate. It’s different document that allows entry upon marriage in the foreign country.
This way the foreign spouse wins chance to file for adjustment of status petition while residing in that country. Also, he/she can live with the US spouse lawfully.
Who are eligible to get it?
As told above, this visa is valid for the foreign spouse. It falls under the category of non-immigration. The petitioner of this visa must be:
· 21 or 21 by age.
· Married to the US citizen.
· Waiting for the nodding of the adjustment of status petition.
That expat should not be:
· Under 21 years of age.
· The holder of green card holder or any other immigration visa before it because such cases come under visa waiver. Such expats would be driven back to their native country after such disclosure.
What are the steps to get K3 visa for immigration to the US?
· Solemnize marriage: The petitioners of k3 visa should be married prior in the consulate office of the foreign country. There should have valid proofs of it, like marriage certificate. The American government would consider their application valid if the marriage has been solemnized lawfully in their native country.
However, several countries, like US, UK and Philippines, mandatorily require proofs of the bachelorhood prior to marriage with the natives. Therefore, the applicants have to walk through the process to get the certificate of no marriage and then, attestation.
If the marriage is solemnized in the US, the applicant can apply for visa K1. And within 90 days, he/she can apply for green card via application for the adjustment of status.
· Forms to fill: The petitioner should fill Form I-130 and get it verified from the USCIS. Once it is submitted successfully, the same authority will issue Notice of Action in the form of Form I-797 that determines the application has been received by the authority.
The US spouse has to file petition in the form of Form I-129F for his/her foreign spouse.
· Documents to enclose:
1. Form DS-160 (2 copies)
2. Police clearance certificate (PCC) if is 16 years of age.
3. Birth certificate
4. Marriage certificate
5. Medical examination
6. Decree absolute, if any
7. 2 photos
8. Proofs of financial support
Pros of getting K3 visa to the US:
1. Extension of stay: Fill the form I-539 to request for extending the duration of K3 visa. But it must be done 120 days prior to the expiry of that visa.
2. Can work in the US: The expat gains authority to work there via Employment Authorization (EAD) via Form I-765. This petition can be filed within short duration upon entry.
3. Can gain green card: By filling the Form I-485, the person gains an edge to apply for change in status.
4. Can travel outside the US: The K3 expat becomes eligible to travel across the globe after getting Advance Parole.
Cons of getting K3 visa to the US:
1. Cannot change the non-immigration visa status.
2. Cannot enter the US if was found vulnerable earlier & deported.