What is a K3 Visa and Who is Eligible to Apply?

As the spouse of a U.S. citizen, you are an immediate relative, so if you and your American spouse are living abroad and you would like to establish permanent residency in the United States, you have the option to file for a K-3 nonimmigrant visa. A K-3 visa is a modified version of the K-1 fiance(e) visa.

Eligibility Requirements For A K-3 Visa:

  • You must be a foreign national who is legally married to a U.S. citizen.
  • You can only apply for the visa either a) in the country where you were married, b) if you were married in the United States, then in the country where you currently live, or c) if there are no U.S. immigration services in the country where you were married, you can apply for a K-3 visa in a country designated by the U.S. Department of State.
  • You do not meet any of the criteria that would render you inadmissible to enter the United States (See the list of criteria below).

Children and Your K-3 Visa:

  • If you have children that are not American citizens and you would like to bring them to live with you in the United States, you can submit an application for them to come with you on a K-4 visa. Your child must be legally recognized as your offspring. They also must be under 21 years of age and not married. They also must have been under 18 years of age when you and your American spouse got married in order to qualify for this kind of visa.

It is important that you seek the advice of an immigration attorney who is experienced in successfully handling the K-3 visa application process.

Who Is Inadmissible To Enter The United States:

  • A person who suffers from a diagnosed physical or mental illness
  • A person with HIV
  • A person with a criminal record
  • A person who abuses drugs
  • A person who is a known spy
  • A person who belongs to the Nazi party or has participated in any act of genocide
  • A person who has ever illegally called themselves an American citizen
  • Anyone who has illegally entered, lived in, or visited the U.S.
  • A person who is married to more than one husband or wife at the same time

The Marriage Visa Option:
Another visa option that exists for a foreign national married to a U.S. citizen or a permanent U.S. resident is a marriage-based, immigrant visa, which would allow you to enter the United States as a permanent resident and green card holder. This process can take more than a year, and you must complete it while you are still abroad.

At Sagaria Law, P.C., our immigration lawyers can guide you through the immigration process, make sure you file your petition correctly, anticipate and solve problems, prepare you for your visa interview, answer any questions you might have, and, if necessary, deal with U.S. immigration officials if any unforeseen issues come up.

With Sagaria Law, P.C., you can be confident in knowing that your K-3 visa application is being properly and efficiently handled by immigration lawyers who want to make your move to the United States as enjoyable and hassle-free as possible.

Whether you plan on moving to Los Angeles, Washington D.C., San Francisco, Chicago, Seattle, Atlanta, Dallas, New York, Atlanta, or anywhere else in the United States, Sagaria Law, P.C. is here to help you. Contact Sagaria Law, P.C. online or call our law firm at 1-800-941-6730 to speak with one of our immigration attorneys. Your initial consultation with us is FREE.