Love American Style and the K3 Marriage Visa
The purpose of the K3 marriage visa is to provide a temporary visa for foreign spouses to enter the United States and not wait for the completion of their immigrant visa application abroad. There are important considerations when making the decision whether or not to file for a K3 visa such as qualifications, costs and timing.
How do my US Citizen spouse and I qualify for the K3 Marriage Visa?
The petitioner must be a US Citizen.
The K3 visa must be filed in the country in which you were married. You will not qualify if you were married in the USA.
If the foreign national spouse lives in another country than the country you were married in, you must file for the K3 visa in the country in which you were married.
You must demonstrate that you entered your marriage in good faith and it is a real marriage. The burden of proof is on the applicants to demonstrate these facts to the consular officer.
What is proper evidence?
The general requirement is to show legal documentation of your marriage that was issued by a government entity and any other documents that demonstrate you have shared responsibilities, hobbies and or interests over a period of time. Visual evidence of photographs over a period of time also constitute good evidence. Having children or stepchildren together pretty much sums up the family situation but it is not enough in itself , you must still show established evidence of your relationship.
We have children. What visa do they obtain?
Your children come on a K4 visa. You can file for a petition for your children now, or later in the United States. However, your children should be listed on your petition, whether they join you on the K3 visa now or join you later through regular consular processing. Children to the US citizen must be unmarried and under 21 years of age. Stepchildren to the US citizen must be unmarried and under 18 years of age. If your children are nearing the age of 21, or your stepchildren are nearing the age of 18 you should consider filing petitions for them right away.
What are the filing fees and general costs involved in filing for the K3 marriage visa?
Below, are a series of steps for the K3 process. It starts with the petition filed in the United States. Currently, the US petition government filing fees are $355.00
Near the time of the consular appointment, the consular fees are paid and are approximately $300 to $500. These costs will differ at each consulate.
A petition for children or stepchildren on the K4 visa is not necessary at the time of filing the K3 visa however, if petitions are filed they are $355.00 each. Children and stepchildren are required to go through consular processing and the fees are $300 to $500 for each child.
How does the process work?
Step 1 Your petition is filed in the US. Upon approval it moves to the National Visa Center.
Step 2 The National Visa Center assigns your case a consulate case number and more paperwork is filed with the National Visa Center ( in most cases, however some consulates prefer the paperwork is filed at their consulate).
Step 3 The consulate sends the foreign national spouse an appointment letter and a list of instructions to complete before the appointment.
Step 4 The scheduled appointment takes place and the foreign national(s) receive their visas stamped into passports that must be valid for 6 months beyond the time of the appointment. The foreign nationals then have six months to enter the US on their K3 and K4 (children) visas.
How long does it take for the processing of the K3 visa?
The government average wait times are approximately 8 months from the case submission to the consular interview for the K3 visa. This could happen sooner rather than later, however there is no real guarantee of this.
The K3 visa unites you sooner with your loved one(s). It allows you to complete your immigrant visa processing in the US. The visa is good for two years and you are allowed to travel in and out of the United States on the visa while undergoing the adjustment process for residency in the US. You can apply for work authorization right away once you enter the US.
If you have any other questions or concerns you would like answered by our law firm, please visit our K1K3 website and send us an email for a free consultation. We answer all emails with detail and prompt replies. We aim to please and our firm charges fair legal fees so that you can afford professional legal service with expertise and efficiency. We dedicate ourselves and take pride and pleasure in representing you to unite with your loved one(s) in the USA. We look forward to hearing from you at your convenience!
