Applying for a K3 Spousal Visa for immigration to the USA is one of
two routes open to a person with US citizen status to bring their spouse
to live and work in the United States. Both US visa categories provide a
route to a Permanent Resident Card for lawful permanent residence in
the USA, or a US Green Card as it is commonly known, and are
specifically designed for the married partners of US citizens.
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Immigration through this type of US visa is intended as a step
towards lawful permanent resident status and as such, it will lead to
the benefits of an American Green Card for a successful applicant, if
the necessary requirements are fulfilled.
A candidate embarking on this route will be able to seek permission to undertake employment and commence living and working in the USA without the time restrictions that a non-immigrant route would impose. In addition, as a family immigration route, no pre-arranged offer of employment is required for people immigrating to the USA in this class. Family visa routes are based entirely upon connections with a US citizen, and as such, no offer of employment is required.
A candidate embarking on this route will be able to seek permission to undertake employment and commence living and working in the USA without the time restrictions that a non-immigrant route would impose. In addition, as a family immigration route, no pre-arranged offer of employment is required for people immigrating to the USA in this class. Family visa routes are based entirely upon connections with a US citizen, and as such, no offer of employment is required.
Eligibility Criteria
The process of applying for a US K-3 Marriage Visa is begun outside
the United States but completed within the country. Applications must be
made in the country where the foreign spouse resides permanently and
the following eligibility criteria must be met:
- Parties must be legally married and able to produce a valid Marriage Certificate. Unmarried cohabitation is not included in this category and unmarried partners may not sponsor USA visas.
- The sponsoring party must be over 18 years of age in order to sign an affidavit or support.
- In addition, a selection of documentation will be required including the applicant's passport, medical examinations and police clearances, proof of the petitioner's (sponsor's) citizenship, marriage certificate and where applicable documentary evidence of the termination of any previous marriages.
Once a K-3 is issued by a foreign US Embassy and the bearer enters
the United States, they may begin the process of obtaining their US
Green Card and Employment Authorization Document (EAD). Marriages which
have existed for less than two years will be open to an initial
conditional arrangement. USA Green Cards will initially be granted in
these circumstances for a period of two years. If the marriage is still
intact, both parties should apply no later than 90 days before the
expiry of the two-year period to have this condition removed.
Dependents
The K-3 class is designed as a means to permanent settled status in
the USA, allowing existing US citizens to be united with their spouses
in America. As the K-3 is a route to permanent residency, it also makes
provision for dependent immigration, to encompass the immigration needs
of any of the foreign spouses' children. Dependent children of the
sponsored applicant may migrate to the USA on a K-4 visa, a
non-immigrant route designed to allow the holder to wait in the USA
until the immigration process is completed. In order for US K-4 visas to
be granted applicants must be the children of valid holders of K-3
American visas.
Virginia is for Lovers
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