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Question About US Visa K3 K4

Maria asks…

i want to know what form i shoud use to apply to my husbaned if I’m citizen in USA?

Best Answer:

1.
Immigrant visa for a person married to a U.S. Citizen: IR1 and CR1 visas.
2.
Nonimmigrant visa for a husbandwife: K3 visa.

K3 visa for a husband or wife.

The purpose of new K visa is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of the new K visas will be able to wait in the US for the immigration process to be completed.

The new parts of the K category are intended for use by both a spouse of a United States citizen and by the spouse’s children. The nonimmigrant visa for the spouse is called a K3 visa and the visa for the spouse’s children is called a K4.

Spouses of U.S. Citizens, and the spouse’s children, can come to the United States on nonimmigrant visas, K3 and K4, and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
US immigration law defines a spouse as:

A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration.

US law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.
Filing K3 visa petitions.

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the BCIS Office that serves the area where you live. The BCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the BCIS has received the petition. You next file Petition for Alien Fiance, form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security BCIS Address on their web site.
National Visa Center.

After the BCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition electronically to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse’s nationality.

If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC sends the petition to the embassy or consulate that normally processes visas for citizens of that country.
A spouse of a US citizen K3 is also an Immigrant.

The spouse of a U.S. Citizen applying for a nonimmigrant visa K3 must have an immigrant visa petition on his/her behalf by the U.S. Citizen spouse. Therefore, the spouse of the U.S. Citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa.

The embassy or consulate where you, the spouse of an American citizen, will apply for a K3 visa must be in the country where your marriage took place. The embassy or consulate will let you know any additional things to do, such as where you need to go for the required medical examination. The following is required:

1.
Two copies of form DS-156, Nonimmigrant Visa Application
2.
One DS-156K, Nonimmigrant Fiance(e) Visa Application form
3.
Police certificates from all places lived in since the age of 16
4.
Birth certificates
5.
Marriage certificate for spouse
6.
Death and divorce certificates from any previous spouses
7.
Medical examination (except vaccinations)
8.
A passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States.
9.
Two nonimmigrant visa photos two inches/50 X 50 mm square, showing full face, against a light background)
10.
Proof of financial support (Form I-134 Affidavit of Support may be requested.) Payment of fees, as explained below.

The consular officer may ask for additional information. It is a good idea to bring marriage photographs and other proof that the marriage is genuine.

Documents in foreign languages should be translated. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the visa interview. Original documents can then be returned to you.

The I-129F petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition (revalidate the petition) if it expires before you finish processing the visa.

Posted From Yahoo! Answers (for informational purposes only)

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