What are the requirements for a K-3 marriage visa?
1)
The petitioner must be a United States citizen;
2) Both the petitioner (U.S. citizen) and the Thai spouse
have been legally married according to the laws of the
country in which the marriage took place;
3) The U.S. citizen petitioner must meet a minimum income
requirement that is the poverty level set by Congress.
If the petitioner cannot meet these requirements, the
petitioner is allowed to use a co-sponsor who does meet
them;
4) The foreign bride or husband must pass a medical
exam at a clinic approved by the U.S. Consulate that
is processing the K3 spousal visa application. The foreign
spouse must not have any type of communicable disease
or serious mental illness; and
5) The foreign bride or husband must also not have a
criminal record. Some arrests and/or convictions are
exempt from this requirement.
Can
I work in the U.S. if I hold a K-3 marriage visa?
As a K-3 visa holder, you can file form I-765, Application
for Employment Authorization with the USCIS that serves
the area where you live for an employment authorization
document (work permit).
How
long do I have to wait before my K-3 visa is approved?
The
whole process would usually take 5-8 months for a standard
case. However, the duration might vary from case to
case depending on the circumstances, the USCIS office
or the consular office in your area. Some cases are
delayed because the applicants did not complete the
application form accordingly. In addition, the embassy
or consulate may need to get security clearances for
the applicant and these clearances are often time-consuming.
Under
what circumstances is an applicant ineligible for a
visa?
Certain
conditions and activities may make an applicant ineligible
for a visa. Examples of these ineligibilities are:
• Drug trafficking
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents
The consular officer will inform the visa applicant
if he/she is ineligible for a visa, whether there is
a waiver of the ineligibility and what the waiver process
is.
Are
the children of the foreign spouse eligible for a visa
application?
Any
child of a foreign spouse can qualify for a K4 visa
as a dependant, provided that the child is not married
and is under 21 years old.
Can
those with K-3 and K-4 visas change to another non-immigrant
visa category in the U.S.?
Unfortunately,
it is not possible for a K-3/K-4 visa holder to change
his/her status to another non-immigrant visa category
in the United States.
