Sep 11, 2013
Brief Overview on K3 & K1 Visas
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The Spouse Visa USA (K3 Visa) is a non-immigrant visitor/marriage visa for foreign spouses of US citizens. The main purpose of this category visa is to reunite the families.
The USCIS (U.S. Citizenship and Immigration Services) is responsible for processing the K-3 Spouse Visa files, USA. This visa is temporary and allows the visitor (spouse) to remain in the USA for a period of two years instead of waiting abroad for the approval of immigrant visa. With the support of a K-3 visa, an American citizen can take his/her spouse residing in any foreign country to the US without much difficulty.
For a K-3 spouse visa, the basic eligibility requirements for the applicant are:
# Must be legally married to a US citizen,
# Must fulfill the norms of the marriage act where the marriage has taken place,
# Must have terminated all previous marriages.
The documents that are essential for Spouse Visa USA are as follows: valid passport, certificate from local police, marriage and birth certificate, evidence in support of US spouse’s citizenship, divorce/death certificate of previous marriage and medical examination report. The foreign nationals who hold K3 spouse visa in the US have many benefits. They are the spouse can travel abroad and come back using the K3 visa. She/he can have an employment authorization document; also can get Social Security Number (SSN).
The K1 Visa (Fiancée Visa) is an American visa available to a foreign national who wishes to marry a US citizen. The K1 Fiancée visa offers several benefits to the proposed fiancée including: The person can get K2 visas issued for his/her children, He or She can apply for a work permit, Smaller waiting period than other marriage based, immigration visa petitions.
Before the fiancée can apply for a K1 Visa to the USA, the US citizen to whom he/she is engaged must place a petition (USCIS Form I-129F) on his/her behalf, with the USCIS (United State Citizenship and Immigration Service). The K1 Visa necessitates that the applicant and the petitioner should be legally free to marry, both under the laws of the US as well as under the laws of the foreign country. They should have met each other in person within the two years preceding the filing of the alien fiancée petition.
At the time of applying for a fiancée visa, the fiancée should submit documents such as a valid passport, birth certificate, proof of legitimacy of relationship with petitioner, proof that petitioner will support the fiancée, and medical certificate. A fiancée found eligible will be issued a visa that is valid for a single entry during a six month period. K1 Visas are restricted to fiancées who are not eligible to be US citizens, who have committed grave criminal acts, who are drug addicts, who have a communicable disease, who have some serious mental or physical disorder or nave used illegal means to immigrate to the US. Once married, the beneficiary has to put in an application to the USCIS to establish a record of entry for conditional permanent residence status, and this status can be removed after two years with a further application to the USCIS.
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