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What type of visa does your foreign spouse need?

When you marry a non-U.S. citizen outside of the United States and want to live in your homeland together, your newlywed will need a visa to get in. Immigration law, however, is very complex, and you may be unsure of which type of visa to apply for.

Because you are already married, your spouse will need a K-3 visa. While the best approach is to utilize the professional services of an immigration lawyer, it is still helpful to understand the details of the visa.

What is a K-3 visa?

This type of visa is a nonimmigrant one, meaning it acts as a temporary protection until your spouse receives an immigrant visa. You must petition for that for your spouse to be eligible for the K-3 visa. Sometimes the immigrant one receives approval first, in which case the K-3 becomes unnecessary. If your spouse has any children, you can apply for K-4 visas for them.

What are the requirements?

To be able to apply for a K-3 visa, you must meet the following requirements:

  •        Your marriage must be legal, whether heterosexual or homosexual
  •        You must be a U.S. citizen or lawful permanent resident
  •        You must have plans to live in the U.S.
  •        You need to bring all required documents and forms of evidence
  •        You have to pay a fee

You file the petition in the country in which you got married. Overstaying a current visa, being involved in drug trafficking or committing any fraud during the process, among other things, disqualifies your spouse from eligibility.

How do you apply for a K-3 visa?

Although you can find all the information and paperwork online through government sites, the best way to apply is with the help of an experienced immigration lawyer. An attorney can ensure you do not make any mistakes that would lead to delays, denials, expirations or other problems, and would know what you need to do in the event any of those issues occur.

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