US K3 Spouse Visa
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.
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.
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
Love knows no boundaries, which is why couples come to us to help them immigrate. Proving your relationship to an immigration officer is a very tricky task and getting professional help is essential if you want to achieve success. Here, one of our clients shares his story:
“I first met my wife at university in London and we quickly fell in love. After we graduated we did a bit of travelling and thought that we should get married and start a life together. We soon moved back to England where we got married and found ourselves a home. As her visa was soon going to run out, I knew we had to come up with some answers fast. When we called IXP, all of our options were explained in the clearest possible terms. As a couple we had to talk about it quite a bit before we came to any decision. I knew that she had strong connections to her family back home and that there were just as many opportunities in America as in England, which is why we decided on America. IXP talked me through the application process step by step and they were only ever a phone call or e-mail away. Life in the U.S. has been a dream so far, I only hope that it continues.”