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Getting the K-3 Visa for U.S. Entry

11-02-2015

Getting the K-3 Visa for U.S. Entry

If you’re married to an American citizen, it is possible for you to enter the United States by obtaining a fiancé visa.
The immigrant visa application process can take several months. The biggest advantage to obtaining the K-3 visa is that it takes much less time. Because of this reason, many couples prefer to take this route rather than apply for an immigration visa. Keep in mind that the US government would rather have you applied for an immigrant visa than the K-3.
There are mainly 6 steps to getting a K-3 nonimmigrant visa.

1.Your U.S. citizen husband/wife should submit Form I-130 to one of the USCIS “lockbox” offices. They will forward the application to a Service Center. If your children are also immigrating to the U.S. with you, your American spouse should submit separate visa petitions for them. Your American spouse has to be the child’s parent or stepparent to be able to submit their visa petition. If he/she is a stepparent, then your marriage should have taken place before the child turned 18. Each child will require separate visa applications when it is time to apply for green cards. So, try to submit the visa petition as soon as possible.

2. After submitting the I-130 form, your American spouse will receive an I-797 notice. Now he/she should submit a separate Form I-129F (‘fiancé’ visa petition) to the same USCIS Service Center which issued the I-130 receipt.

3. The USCIS will review the application. If they approve the application, they will send it to NVC. From there it will reach a U.S. consulate.
Not everything may go as per your plans. If the USCIS approves your I-130 form before consular application reaches the consulate, your application is more likely to be considered as an immigrant visa application. In this case, the I-129F application will be ignored and you will not receive the K-3 visa. This is not bad because you will most probably receive the immigrant visa which makes you an American citizen as soon as you enter the U.S. But it can take several months.

4. Upon receiving the fiancé visa petition, the consulate will study the case files and send instructions to the immigrant about the forms they need to complete and the documents to prepare. Afterwards, they will schedule the applicant for an interview. If the officers are satisfied, the applicant will most probably be approved for the visa. If children are immigrating with the applicant, they will receive derivative visas.

5. The immigrant has to present their visa at an American airport or other port of entry. It will be examined by a CBP officer. If everything is alright, they will be allowed to enter the US.

6. If you entered the U.S as a K-3, you are required to apply for adjustment of status after entering the U.S. You will have to submit Form I-485, with supporting documents and forms to USCIS. The Form I-864 Affidavit of Support is one of the most important supporting documents. It shows that the petitioner has enough financial capacity and hence the immigrant won’t have to depend on public assistance. In addition, the immigrant will have to undergo medical examinations. Upon receiving the adjustment application, the USCIS will schedule an appointment for fingerprinting the immigrant. Afterwards, the couple will be called for a green card interview. The application will most probably get approved. It can also get denied if the immigrant does not meet the eligibility criteria.


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