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K3 Marriage Visa or K3 Visa

When United States Citizenship & Immigration Services (USCIS) created the K-3 visa it was with the intent of reuniting married couples in a shorter period of time than it took to process a CR-1 visa or IR-1 visa.

The K-3 visa is a 2 year multiple entry visa. This enables the recipient (the spouse and step-children of a US citizen) to travel in and out of the United States for a 2 year period. At any time during the 2 year period the recipient can adjust their status to become a legal US permanent resident and obtain a green card allowing them to remain in the United States indefinitely. However, the applicant must adjust their status to that of legal permanent resident promptly upon approval of the CR-1 visa petition.

The current combined USCIS and DOS average processing time is 7-9 months.

The primary requirement of the K-3 visa is that the applicant must be married to a US citizen and have filed a CR-1 Alien Relative visa application prior to the submission of a K3 visa application.

When filing the K3 visa application, evidence of the applicant’s previous filing of a CR-1 visa or IR-1 visa application must be submitted. The required evidence is the USCIS I-797C Receipt Notice for the filing of the CR-1 visa or IR-1 visa petition.

If the USCIS fails to provide the I-797C Receipt Notice the K3 visa petition can not be filed.

If the USCIS does not issue the I-797C Receipt Notice in a timely manner the CR-1 visa or IR-1 visa petition could be approved before the K3 visa petition is approved, thereby automatically cancelling the K3 visa petition.

The applicant can bring any and all unmarried children who are under the age of 21 to the United States by attaching them to the K-3 visa application. Our firm does not charge a fee to process visa applications for children accompanying or joining a parent within one year.

When the CR-1 visa petition is approved your spouse, and your spouse’s, children if applicable, must promptly submit adjustment of status applications.

K-3 Marriage Visa Requirements

The petitioner must meet the minimum income requirement in order to qualify to sponsor a foreigner immigrating to the USA. The minimum income required is based on family size. For example: The minimum income required of you to support a family of two (you and your wife) living in the continental USA, not including Alaska and Hawaii based on the USCIS 2017 poverty guidelines is $20,300.00. If your wife has a child who will immigrate with her the minimum income required for a family of three is $25,525.00

Your spouse can not have a serious criminal conviction. If your spouse has a criminal conviction we will assist you in determining if the conviction disqualifies your spouse or if a waiver is available. If your spouse was convicted of a crime for which the maximum penalty exceeds one year imprisonment, your spouse is ineligible, however a waiver may be available and if so we will advise you of same.