Rapidvisa Test to Know if You Qualify to Sponsor K1

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Same-sexual practice spouses of U.S. citizens and Lawful Permanent Residents (LPRs), forth with their pocket-sized children, are now eligible for the same clearing benefits as opposite-sex spouses. Consular officers at U.Due south. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140  petition from USCIS. For further information, delight meet our FAQ's.

• Overview - What is a Grand-3 Visa?
• What is a "Spouse"?
• The International Marriage Broker Regulation Human activity of 2005 (IMBRA)
• The Kickoff Step: Filing the Petitions
• The Second Step: Applying for a Visa
• Required Documentation
• Review Boosted U.S. Diplomatic mission/Consulate-Specific Instructions
• Medical Examination and Vaccination Requirements
• Proof of Financial Support and Affidavit of Support forms
• Do the Same Income Requirements Employ to Form I-134 as Apply to Form I-864?
• Fees - How Much Does a K Visa Cost?
• Rights and Protections - Pamphlet
• My Petition Expired - Can It Exist Extended?
• Ineligibilities for Visas - What if I am ineligible for a One thousand visa?
• How Long Will it Take to Get My Chiliad Visa?
• Afterwards You Receive a K-3 Visa
• Does My U.Due south. Citizen Spouse Need to File Dissever Petitions for My Children?
• Are My Children Required to Travel with Me?
• Entering the United States - Port of Entry
• Adjustment of Condition, Working in the United States, and Traveling Outside of the U.s.
• How to Utilise for a Social Security Number Card
• Farther Questions

Overview - What Is a M-3 Visa?

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) denizen. This visa category is intended to shorten the physical separation between the foreign-denizen and U.S. citizen spouses by having the choice to obtain a nonimmigrant One thousand-three visa overseas and enter the The states to expect approval of the immigrant visa petition.  K-3 visa recipients subsequently apply to adapt status to a permanent resident (LPR) with the Section of Homeland Security (DHS), U.Due south. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. denizen spouse and awaiting approval, a K-3 bidder must meet some of the requirements of an immigrant visa. Information technology should exist noted that nether U.Due south. clearing law, a foreign citizen who marries a U.S. denizen outside the U.South. must use for the Thousand-three visa in the state where the marriage took place. Learn more than in the Applying for a Visa department below.

Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-four visas allow their recipients to stay in the U.s.a. while immigrant visa petitions are pending approval by USCIS.

What is a "Spouse"?

A spouse is a legally wedded husband or wife. Same-sex spouses of U.S. citizens and Lawful Permanent Residents, along with their minor children, are now eligible for the same immigration benefits equally opposite-sex activity spouses.

• Just living together does non authorize a marriage for clearing.
• Common-police force spouses may authorize every bit spouses for clearing purposes depending on the laws of the state where the common-constabulary marriage occurs.
• In cases of polygamy, only the first spouse may authorize equally a spouse for clearing.

The International Union Broker Regulation Human action of 2005 (IMBRA)

Detailed information well-nigh IMBRA requirements is independent in the Form I-129F, Petition for Alien Fiancé(e), instructions.

The First Footstep: Filing the Petitions

• Yous, the U.S. citizen sponsor, must first file Class I-130, Petition for Conflicting Relative, with Section of Homeland Security (DHS), U.Due south. Citizenship and Immigration Services (USCIS) part that serves the area where you alive. The USCIS volition ship a Notice of Action (Course I-797) receipt find to inform you lot that it has received the petition. See the USCIS website under K-iii/Chiliad-4 Nonimmigrant Visas for more than information.
• You lot must so file Course I-129F, Petition for Conflicting Fiancé(e), for your foreign-citizen spouse and stepchildren. Come across Direct Filing Addresses for Grade I-129F, Petition for Alien Fiancé(e) for data on where to file the petition for a K-three visa.
• After USCIS approves the petitions, they will be sent to the National Visa Heart (NVC) for processing.

The 2nd Step: Applying for a Visa

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 earlier the I-129F, the availability of, as well as the need for, a nonimmigrant Thou-3 visa ends. If the NVC receives both an approved I-130 petition and an canonical I-129F petition:

• The nonimmigrant K-three visa case will be administratively closed.
• The application procedure explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-ane (or CR-i) immigrant visa. For more than information on the immigrant visa procedure, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will procedure the I-129F petition. NVC will and then ship the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that problems visas in the foreign-citizen spouse's state of nationality. If the marriage took identify in a country that does non take a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that usually processes visas for citizens of that state. For case, if the marriage took identify in Iran where the U.S. does not take an Diplomatic mission or Consulate, the petition would be sent to Turkey.

The U.Due south. Diplomatic mission or Consulate where yous, the strange-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical test. During your interview, ink-free, digital fingerprint scans volition exist taken. Some visa applications require farther administrative processing, which takes additional fourth dimension after the visa applicant's interview by a Consular Officeholder.

Eligible children of K-3 visa applicants may apply for K-4 visas. Carve up applications must exist submitted for each Yard visa applicant, and each Chiliad visa applicant must pay the visa application fee.

Required Documentation

You, the foreign-citizen spouse, (and eligible children applying for K-4 visas) will be required to bring the following forms and documents to the visa interview:

• Completed Grade DS-160, Online Nonimmigrant Visa Application. You (and any eligible children applying for K-4 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your intervew.
• A passport valid for travel to the U.s.a. and with a validity appointment at least six months beyond your intended period of stay in the U.s.a. (unless country-specific agreements provide exemptions).
  
• Civil documents - the original(s) (or certified copies) and photocopies of the following:
  • Nascency document
  • Marriage certificate for the marriage to the U.S. citizen spouse
  • Divorce or death certificate(s)of whatsoever previous spouse(s)
  • Police force certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16. (Police certificates are also required for accompanying children historic period 16 or older.)
• Medical examination (vaccinations are optional, see below)
• Bear witness of financial support (Course I-134, Affidavit of Support may be requested)
• Two (ii) 2x2 photographs. See the required photograph format explained in Photograph Requirements
• Evidence of relationship with your U.S. citizen spouse
• Payment of fees, equally explained below

Annotation: The consular officer may inquire for additional information, such as nuptials photographs and other proof that the spousal relationship to your U.S. citizen spouse is 18-carat. Documents in foreign languages, other than the language of the state in which the application takes place, should be translated. Applicants should take to the visa interview all original civil documents, such as birth and union certificates besides as legible photocopies of the documents and translations. Original documents and translations will be returned.

Review Additional U.S. Embassy/Consulate-Specific Instructions

At that place may exist additional instructions for collecting documentation needed for your Yard visa interview. Review U.S. Diplomatic mission/Consulate-Specific Instructions here, to learn what boosted requirements there are, if any.

Medical Examination and Vaccination Requirements

In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or Chiliad visa, every applicant, regardless of age, must undergo a medical examination whichmust be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized console physicians. See Medical Test for more information, including a list of panel physicians by country, and ofttimes asked questions.

One thousand visa applicants are encouraged to get the vaccinations required under U.South. immigration police force for immigrant visa applicants. Although such vaccinations are not required for Thou visa issuance, they volition be required when adjusting status to that of legal permanent resident.  Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for Four Applicants for the list of required vaccinations and additional information.

Proof of Financial Back up and Affirmation of Back up Forms

During the visa interview, applicants will be required to nowadays evidence to the Consular Officer that they are not likely to become a public accuse in the Usa. Y'all may present prove that yous are able to financially support yourself or that your U.South. citizen spouse is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. denizen spouse.

The U.South. citizen spouse volition need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident.

Do the Aforementioned Income Requirements Apply to Grade I-134 equally Apply to Class I-864?

No. The 125 per centum of the federal poverty guideline minimum income requirement, the well-nigh recent twelvemonth's taxation return, and other requirements merely use when a Form I-864 is needed. Applicants using Form I-134 will need to evidence that their U.S. sponsor'southward income is 100 percent of the federal poverty guideline.

Fees

Fees are charged for the following services:

• Filing a Petition for Conflicting Relative, Form I-130
• Filing an Conflicting Fiancé(e) Petition, Course I-129F
• Nonimmigrant visa application processing fee, Form DS-160 (required for each Thousand visa bidder)
• Medical examination (required for each Thousand visa applicant; costs vary from mail service to post)
• Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such every bit passport, police certificates, nascency certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from land to country and case to case.
• Filing Class I-485, Awarding to Register Permanent Residence or to Accommodate Status

For current fees for Department of State, meet Fees for Visa Services. For current fees for USCIS, run across Check Filing Fees on the USCIS website.

Rights and Protections - Pamphlet

You should read the Rights and Protections pamphlet earlier your visa interview to learn near your rights in the Us relating to domestic violence, sexual assail, and child corruption and protection available to yous. The consular officer will verbally summarize the pamphlet to you lot during your interview. Additionally, K-3 visa applicants will exist provided with whatever existing criminal background data on their U.S. citizen spouses that USCIS received from other authorities agencies during processing of their Form I-129F petitions.

My Petition Expired – Can It Be Extended?

The I-129F petition is valid for iv months from the appointment of approval by USCIS. A Consular Officeholder can extend the validity of the petition if it expires earlier visa processing is completed.

Ineligibilities for Visas

Certain conditions and activities may brand you, the applicant, ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.

If you are ineligible for a visa, y'all will be informed by the Consular Officeholder and advised whether there is a waiver of the ineligibility and what the waiver process is. Learn more and see the complete list of ineligibilities.

How Long Will It Take to Become My K Visa?

For Form I-129F, Petition for Alien Fiancé(e), you can visit the USCIS website for the status of your petition.

Once your case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions advisedly or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time afterward the visa bidder's interview past a Consular Officer.

After Y'all Receive a K-3 Visa

If you are issued a K-iii visa, the consular officer will give you lot your passport containing the K-iii visa and a sealed parcel containing the civil documents you provided, plus other documents prepared past the U.S. Diplomatic mission or Consulate. Information technology is of import that y'allexercise not open the sealed parcel. Only the DHS immigration official should open this packet when you enter the United states. Every bit the Yard-3 visa holder, y'all must enter the U.S. earlier or at the same time every bit any qualifying children holding Yard-iv visas.

Does My U.S. Citizen Spouse Need to File Separate Petitions for My Children?

No. Your children may utilize for Yard-4 visas based on the approval of Form I-129F, Petition for Conflicting Fiancé(e), that your U.South. citizen spouse filed on your behalf, but your U.Southward. citizen spouse must list the children on the petition. Separate visa applications must exist submitted for each Thou-four visa applicant, and each applicant must pay the K visa application fee.

Your U.South. citizen spouse is likewise not required to file I-130 petitions on behalf of your children before he or she is able to list them on the I-129F petition. However, your U.S. citizen spouse must file separate I-130 immigrant visa petitions for your children before they can qualify for permanent residence or utilize for adjustment of status. More information nearly aligning of condition is available on USCIS'due south website under Greenish Carte du jour (Permanent Residence).

Important Notice: Under U.S. clearing police, a kid must be unmarried. In order to file for adjustment of status for your child, the child's stepchild relationship with your spouse must be created before your kid reaches the age of xviii.

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel after (follow-to-join). Like you lot, your children must travel within the validity of their K-iv visas. Separate petitions are not required if the children accompany or follow to join you lot within one yr from the appointment of issuance of your G-3 visa. If they want to travel later on than 1 year from the date your K-3 visa was issued, they will non be eligible to receive Thousand-4 visas, and split immigrant visa petitions will exist required. If your child has a valid Thousand-iv visa and you have already adjusted status to that of permanent resident, your kid may still travel on the 1000-4 visa.

Inbound the United States: Port-of-Entry

A visa allows a foreign citizen to travel to the U.Due south. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Section of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authorization to permit or deny admission to the U.Due south. Upon arrival at the port-of-entry, be prepared to present to the CBP officeholder your passport with visa and your unopened/sealed parcel containing your documents. Travelers should review important data about admissions and entry requirements on the CBP website under Travel.

Adjustment of Status, Working in the United States, and Traveling Outside of the United states

Data for K-3/K-4 visa holders nigh adjustment of status, permission to work in the United states of america, and travel exterior of the United states of america is bachelor on the USCIS website under K-iii/K-4 Nonimmigrant Visas.

How to Apply for a Social Security Number Card

To larn most applying for a Social Security Number Card, visit the website for the Social Security Assistants.

Further Questions

• If your inquiry concerns a visa case in progress at a U.S. Diplomatic mission or Consulate, you should get-go contact the U.S. Embassy or Consulate handling your example for condition information. Select U.Southward. Embassy or Consulate to review their website for contact information.
• Before making an inquiry, we asking that you advisedly review this website. Often, the answers to questions are hands establish which enables u.s.a. to help other applicants and U.S. sponsors in need of aid. Due to the volume of inquiries nosotros receive, Visa Services cannot promise an immediate reply to your enquiry.
• You can find contact information for our Public Inquiries Segmentation at Contact Us.

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Source: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html