Bring Your Spouse On K-3 Visa To United States

By Author: Nicole Daisy McGuire
Total Articles: 9
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Marriage Immigration laws for the spouses and for the to be spouses of US citizens and legal permanent resident (green card holder) is very complex in nature. This is basically to prevent occurrences of immigration fraud through sham marriages.

In the year 2000, December 21, the Legal Immigration and Family Equity Act (the LIFE Act) was enacted as law which extended the K Visa benefits to the spouse and unmarried minor children OF U.S. Citizens.

The K visa is now available to the spouse of U.S. citizens and for their unmarried children under age 21 who are currently outside the United States and awaiting the processing of their green card applications. Per the USCIS spouses of U.S. Citizens are classified K-3 . Through the marriage immigration law spouse of U.S. Citizen can enter the US in an non-immigrant visa category during their waiting period till they apply for a permanent resident status.

K-3 Visa:

Per the US marriage immigration law laid down for the K 3 visa (Family Visas) you need to undergo the following process

Step 1. File a Petition for Alien Relative which is commonly called ...
... as form I 130 for your spouse with the USCIS, office which caters to the area that you live in. On filing your application will be checked for its correctness. On acceptance you will receive a notice of action (form I-797) which is a proof that USCIS has received your petition.

Step 2: The next step in the marriage immigration process would be for you to file form I - 129F Petition for Alien Fiancé(e) for your spouse and children if any. You must send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this DOS.

Effective February 1st 2010 there has been a major notification regarding the marriage immigration law related to K 3 visa. Per the notification when both the petition for K visa I 129F and petition for an IR-1 have been approved by the USCIS and sent to the National Visa Center(NVC), the need and availability for a K 3 visa ends. This is only applicable if the NVC receives both the petitions.

The spouse of the US citizen needs to file for the visa at the US consulate were the marriage took place. The U.S. Embassy or Consulate will let your spouse know any additional things like, were to go for the medical examination etc. During the interview an ink-free digital fingerprint will be taken.

At the time of interview the following document is required.

* Two copies of form DS-156.

* Police certificates from all places that you have lived in since the age of 16.

* Birth certificates.

* Marriage certificate related to your spouse.

* Death and divorce certificates from any previous spouses if any.

* Medical examination (except reports on vaccinations)

* A valid passport for travel to the U.S. and with a validity date at least six months

beyond the applicant's intention to stay in the US.

* Two photos, two inches/50 X 50 mm square, showing full face, against a light background)

* Proof of financial support (Form I-134 Affidavit of Support )

The fee payable for this marriage immigration ins forms would be those associated with the forms I 130, DS 156,I 485.

The processing time would depend on the service center in which the visa is filed.

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