‎K-3 Spouse Visa

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The question of how to bring a bride or even a spouse to the United States is relatively complex and in any case is perhaps more complex than it should be. Summary of Appropriate Ways to Bring Your Spouse or Fiancee to America Permanently - The Three Basic Options

1. What is the K-1 fiancée visa?

2. What is the K-3 Spouse Visa?

3. What is a direct consular application submission?

4. What is the fastest option?

5. Why can't my spouse or fiancee just come with a tourist visa to apply?

6. What is the legal justification for this ban?

7. What are the consequences for marrying a US citizen after originally entering the US on a tourist visa or a 90-day visa waiver?


The marriage visa option

The K3 visa option (marriage / marital visa) allows the spouse of a US citizen to travel to the United States and then apply for a green card either in the United States, through an 'adjustment status' or even return to their country of origin to collect their green card from their consulate or American embassy at a later date.

Basically, the K3 visa was created to circumvent the long queues that had developed in processing green marriage cards for foreign spouses of US citizens. In short, the K3 visa gives the foreign spouse of a US citizen a faster route to the United States.

Just like the fiancée visa (K1 visa) a K3 visa is obtained through a multi-step process as follows:

The spouse of the American citizen files an immigration application with USCIS (United States Immigration Authority) in the United States.

After the receipt notice has been returned by USCIS following the immigration application, the US spouse files a K3 visa application with the National Benefits Center (USCIS) to obtain a K3 visa.

Once the application has been approved in the United States, the approval notice is forwarded to the United States Consulate or Embassy in the spouse's home country.

The foreign spouse must undergo a medical examination, submit other forms to the U.S. Consulate or Embassy in their home country (including statement on the honor of support achieved by the spouse, US citizen) and undergo an interview at the Consulate or Embassy

If she obtains a visa, the wife can travel to the United States for a period of 2 years during which she can apply for a Green Card.

Note that only spouses of U.S. citizens (not permanent residents) are eligible to receive a K3 visa. Unmarried children under the age of 21 are also allowed to accompany the wife.

The Green Card application is a separate application that is normally made upon the wife's arrival in the United States.

As stated above, the US citizen will be required to write a Declaration of Honor, promising to support his or her fiancée financially and the fiancée will be required to undergo a medical examination prior to the interview at the appropriate US Consulate or Embassy.


You can apply for a Green Card directly through the US embassy or consulate in the foreign spouse's home country

An often overlooked but sometimes more effective way is to apply for a green card / immigrant visa directly through the US embassy or consulate in the foreign spouse's home country.

This is often possible when the US citizen is in fact a resident in the wife's home country, in which case some consulates or embassies accept the immigrant visa application directly without requiring the issuance of a K3 visa or the like. kind of request to file in the United States.

Note that if the American citizen resides in the United States, this will obviously NOT be a possibility.

Which of the above is the fastest?

  It depends on some factors, including:

The State / Region of the United States you intend to reside in - the fact is that processing times for K-1 visa applications vary greatly depending on where the application is actually filed - while all K-3 visa applications should in theory take the same amount of time.

Contrary to what might seem logical, a fiancée or spouse should not enter the United States on a tourist visa or visa waiver if their intention is to remain in the United States permanently upon entering.

Essentially, if a fiancée or spouse is planning to come to the United States with the intention of staying in the United States permanently and in due time applies for a "Green Card" - he or she is not technically and legally entitled to one. Tourist visa and instead should apply for either a Fiancée visa (K-1) or a spouse visa (K-3). An additional option, at least for the spouse of an American citizen would be to obtain his “Green Card” directly at the American Embassy or Consulate in his country of origin before leaving for the United States, that is i.e. whether the Embassy or Consulate will process the request.

What is the legal justification for this ban?

As, upon entering the United States, they intend to remain in the United States permanently, they are barred from entering on a tourist visa as such a visa requires the holder to have a "temporary" intention. or non-immigrant. Indeed, by presenting themselves as tourists, they could well be accused of committing "visa fraud". This in itself could have very serious negative consequences.

NOTE- These rules apply whether or not the person arrives in the United States with a 90 day visa waiver issued in most developed countries such as UK, Japan, France, Germany, Australia or whether she was successful in persuading an American consulate to issue them with a B1 / 2 tourist visa.

What are the consequences for marrying an American citizen after originally entering the United States on a tourist visa or a 90-day visa waiver?

First of all. It is legitimate to enter the United States on a tourist visa or visa waiver and marry an American citizen if AFTER doing so you truly intend to return to your country of origin.

However, if someone simply enters as a tourist and subsequently marries a U.S. citizen or otherwise applies for a Green Card through the status adjustment process and does so immediately after entering as a tourist, Immigration may be able to do so. accuse of "visa fraud".

Broadly speaking, the 30/60/90 day rule applies to determine whether the "tourist" had fraudulent intent upon entering the United States.

The rule applies as follows:

If she / he asks for a E green card or an adjustment of status within 30 days of entering the United States, fraud is virtually presumed and the request will be refused.

· If he / she enters between 30 & 60 days, the presumption of fraud can be overcome, i.e. it is 'rebuttable'.

· If he / she falls within the 60-90 day range, the presumption is overturned. Unless there is specific evidence of fraudulent intent, preconceived by the immigrant, the request for adjustment of status will be granted.

· For an application filed more than 90 days after entering the United States, the issue of visa fraud is rarely raised.

      If the fraud is discovered, then the consequences could be serious. At a minimum, the applicant will be required to return to their country of origin to apply for a fiancé or spouse visa. In the worst case scenario, the person could be prevented from returning to the United States in the future under any circumstances.


Summary of the correct ways for your spouse or fiancé to come to the United States permanently- The three basic options:

(A) Apply for a fiancé visa (K-1)

  Basic requirements

She / he must come and marry an American citizen and NOT a Green Card holder

You must have really met him within the past 2 years - some limited exceptions apply here

· You must both be able to legally marry - all previous divorces must have been granted.

· The American citizen must be able to financially support the foreign fiancé or spouse.

(B) Marry the person, possibly while traveling to their country of origin and then apply for a Spouse visa (K-3).

(C) Marry the person, possibly while traveling to their home country and then apply directly for a "Green Card" through the US Embassy or Consulate in their home country

Other evidence that proves exceptional ability in their professional field.


O que é o visto K3?

Os vistos de não imigrante K3 e K4 foram criados para reunir familiares que ficaram, ou poderão ficar, sujeitos a uma longa separação enquanto seus pedidos de visto de imigrante são processados. Eles permitem ao portador viajar para os Estados Unidos e esperar pela aprovação no país.


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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