Application for a Nonimmigrant K-3 Visa for Foreign Nationals

Application for a Nonimmigrant K-3 Visa for Foreign Nationals

 A K-3 visa can be issued to the spouse of a US citizen living in the United States. This visa is aimed at reducing the physical separation between couples whereby one of them is a US citizen. A spouse applying for a K-3 visa can apply for an immigrant visa once his/her application for the K-3 visa has been accepted. This type of visa must be applied for in the region where the couple’s marriage took place to ensure that it is valid. This is to ensure that the marriage is valid by having the application carried out in the particular region.

The law describes a spouse as a legally wedded husband or wife and not simply a couple that is living together. Customary law can only be accepted if the regions laws accept such a marriage ad legal and binding. In a case where the husband or wife may have more than one legally married partner, then only the first spouse is eligible to apply for this visa.

There are a number of documents that are required when applying for a K-3 visa and they include a completed online non-immigrant application form that is referred to as the form Ds-160. Secondly a valid passport is a requirement to ensure that the spouse is able to travel to the United States. Thirdly, civil documents that include marriage certificates, birth certificates, death and divorced certificates for previous partners and police certificates are required when applying for this visa. These are critical in determining the validity of the claims of the spouse.

 A medical certificate is also required together with evidence of financial support to show that the applicant will be able to sustain him/herself in the United States. Finally, evidence of the relationship to the spouse who is a US citizen is also required before a final decision is made regarding the application.

An applicant may be deemed ineligible to apply for a k-visa if he/she is found to have participated in illegal activities such as drug trafficking, the overstaying of previous visa and also the submission of documents that are deemed fraudulent. Any applicant found to have participated in any of the activities is blacklisted and barred from future applications for visas into the United States.


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