The Okay-3 visa course of was designed to assist shorten the bodily separation between a overseas citizen and his or her U.S. citizen partner. In concept, it’s the right answer for a lot of {couples} that need to transfer to the USA collectively with out an prolonged separation related to the immigration course of. In apply, the U.S. authorities not often points the Okay-3 visa. Whereas it stays a element of immigration legislation, most {couples} have a tough time acquiring one.
What’s a Okay-3 Visa?
The Okay-3 visa is a short lived (non-immigrant) visa for the foreign-citizen partner of a U.S. citizen. A U.S. citizen might request the usage of the Okay-3 visa course of to shorten the bodily separation along with his or her overseas citizen partner.
After acquiring the Okay-3 visa, the overseas partner might enter the USA to await approval of the immigrant visa petition (Kind I-130) or alter standing. Most Okay-3 visa recipients select to regulate standing to a everlasting resident as soon as contained in the U.S. Eligible kids of Okay-3 visa candidates obtain Okay-4 visas. Each Okay-3 and the Okay-4 visa recipients might keep in the USA whereas immigrant visa petitions are pending approval by U.S. Citizenship and Immigration Providers (USCIS).
In actual fact, the Okay-3 visa for spouses is just like the Okay-1 visa for fiancés. That’s why the 2 use the identical petition.
Typical Situation Solved by Okay-3 Visa Course of
Right here’s a typical dilemma that could be solved by way of the Okay-3 visa course of. John is a U.S. citizen working in China. Throughout his employment, he meets a Chinese language citizen named Mei, and the couple finally marries in China. John’s employer asks him to repatriate to a U.S. location. The couple might be shifting to the USA, so Mei must acquire an immigrant visa (inexperienced card). John must be again within the U.S. inside six months, however the immigration course of might take a yr or extra. John and Mei are involved in regards to the separation and the added bills of visits. Complicating points additional, the couple has a toddler that might be separated from his father through the transition.
By acquiring a Okay-3 visa (and Okay-4 visa for the accompanying baby), the household stays collectively. Mei and baby journey to the USA with John.
As soon as within the U.S., Mei and baby can alter standing to everlasting residence as an alternative of making use of through the embassy or consulate. Whereas the whole course of may take barely longer, the whole household stays collectively through the wait.
The way to Apply for a Okay-3 Visa
Eligibility for the Okay-3 visa course of is pretty simple. The intending immigrant should :
- Be married to a United States citizen; and
- Have a pending Kind I-130 (Petition for Alien Relative).
To use for a Okay-3 visa, the U.S. citizen initially recordsdata Kind I-130, Petition for Alien Relative. The I-130 petition is the request to start out of the family-based immigration course of.
Roughly two to 3 weeks after submitting the I-130 petition, USCIS will mail the petitioner an I-797C Discover of Motion that confirms receipt of the petition. As soon as the U.S. citizen receives this receipt letter (I-797C), she or he might file Kind I-129F, Petition for Alien Fiancé(e), to request the Okay-3 visa.
If there are kids that can accompany the overseas partner to the USA, the U.S. citizen is just not required to file separate I-129F petitions for every baby. As a substitute, listing the kid(ren) on the identical Kind I-129F.
Steps for the Okay-3 Visa Course of
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STEP |
Apply for the Okay-3 VisaAs defined above, the U.S. citizen should first file Kind I-130 and obtain the receipt letter earlier than she or he can file Kind I-129F, Petition for Alien Fiancé(e), on behalf of the overseas partner. After USCIS approves the petition, they are going to ship it to the Nationwide Visa Heart (NVC) for extra processing. |
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STEP |
Nationwide Visa Heart ProcessingIf the NVC receives the accredited I-129F petition earlier than it receives the accredited I-130 petition, the NVC will course of the I-129F petition. Nonetheless, if the I-130 petition is accredited first, NVC will administratively shut the Okay-3 case. It’s because the case is moot. There isn’t any want for the Okay-3 visa as soon as the immigrant visa is accessible. In these circumstances, the overseas partner might be redirected to finish the immigrant visa course of by way of consular processing. |
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STEP |
Okay-3 Visa InterviewAssuming the NVC receives your accredited Kind I-129F first, it would ahead it to the U.S. embassy or consulate within the nation during which you had been married. The U.S. embassy or consulate will ship the couple directions on finalizing the Okay-3 visa utility. They’ll require the overseas partner to bear a medical examination and an interview. |
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STEP |
Enter the USAThe overseas partner might enter the USA after the U.S. embassy or consulate approves the Okay-3 visa case. An immigration officer from the U.S. embassy or consulate will present a sealed packet which comprises your Okay-3 visa and any further paperwork you supplied. Do NOT open the sealed packet. If you enter the USA, a Customs and Border Safety officer will open the packet. Whereas in the USA, you could start your adjustment of standing (inexperienced card) utility even when your I-130 petition remains to be pending. You may additionally acquire employment authorization should you file a Kind I-765 Utility for Employment Authorization. The Okay-3 visa is legitimate for 2 years. The visa holder might journey and reenter the U.S. a number of occasions. |
Required Documentation for Okay-3 Visa Course of
The overseas partner (and any eligible kids making use of for Okay-4 visas) might be required to convey the next varieties and paperwork to the visa interview:
- Accomplished Form DS-160, Online Nonimmigrant Visa Application. The applicant (and any eligible kids making use of for Okay-4 visas) should: (1) full Kind DS-160 and (2) print the DS-160 affirmation web page to convey to the Okay-3 interview.
- A passport legitimate for journey to the USA and with a validity date at the least six months past the meant interval of keep in the USA.
- Civil paperwork – the unique(s) (or licensed copies) and photocopies of the next:
- Beginning certificates
- Marriage certificates for the wedding to the U.S. citizen partner
- Divorce or loss of life certificates(s) of any earlier partner(s)
- Police certificates from current nation of residence and all international locations the place the applicant has lived for six months or extra since age 16. (Police certificates are additionally required for accompanying kids age 16 or older.)
- Medical examination (with vaccinations really helpful)
- Proof of economic help (Kind I-134, Affidavit of Help could also be requested)
- Two (2) 2″x 2″ passport-style pictures
- Proof of relationship with the U.S. citizen partner
- Fee of charges
Why Your Okay-3 Visa Petition is Possible Lifeless on Arrival
The Okay-3 visa course of might sound like a terrific answer in your state of affairs. Sadly, most {couples} are unlikely to acquire a Okay-3 visa. Contemplate the statistics. In fiscal yr 2020, the U.S. Division of State issued solely 2 Okay-3 visas as in comparison with 55,044 immigrant (IR1/CR1) visas for the spouses of U.S. residents.
There isn’t any official reason there’s such a terrific disparity. Hypothesis exists that the NVC and USCIS conspire to restrict Okay-3 visas by delaying Okay-3 processing till the I-130 petition can catch up. If the I-130 is accredited, there’s no motive to challenge a Okay-3 visa, and the applying may be administratively closed.
Chances are you’ll apply for the Okay-3 visa, however you must also perceive the chance of receiving one. It’s terribly low. For the needs of planning your transfer, it’s usually simpler to rely a extra predicable course of – the immigrant visa.
About CitizenPath
CitizenPath supplies easy, inexpensive, step-by-step steering by way of USCIS immigration functions. People, attorneys and non-profits use the service on desktop or cellular system to arrange immigration varieties precisely, avoiding pricey delays. CitizenPath permits customers to attempt the service without spending a dime and supplies a 100% money-back assure that USCIS will approve the applying or petition. We offer help for the Okay-3 Visa Petition (Kind I-129F), Petition for Alien Relative (Kind I-130), and a number of other different USCIS varieties.
Notice to Reader: This put up was initially printed on September 12, 2017, and has been modified with enhancements.