How to Apply for a K-3 Visa for Spouses in Minnesota

How to Apply for a K-3 Visa for Spouses in Minnesota

The K-3 visa is specifically designed for foreign spouses of U.S. citizens, allowing them to enter the United States while waiting for their immigrant visa application to be processed. If you're looking to apply for a K-3 visa in Minnesota, here’s a step-by-step guide to help you navigate the process smoothly.

Step 1: Determine Eligibility

To qualify for a K-3 visa, you must meet certain criteria. Make sure you and your spouse fit the following:

  • The U.S. citizen spouse must file Form I-130, Petition for Alien Relative.
  • You must be legally married; the marriage must be recognized in the state where it was conducted.
  • Both spouses must be eligible to marry, meaning there are no legal impediments to the marriage.

Step 2: File the I-130 Petition

The first step in applying for a K-3 visa is for your U.S. citizen spouse to file Form I-130 with the United States Citizenship and Immigration Services (USCIS). Include all required supporting documentation, such as:

  • Proof of the U.S. citizen’s status (e.g., passport, birth certificate).
  • Evidences of a bona fide marriage (e.g., joint bank account statements, photographs, lease agreements).
  • Completed Form G-325A (Biographic Information) for both spouses.

Once filed, you will receive a receipt notice from USCIS. It may take several months for approval, so file this as soon as possible.

Step 3: File Form I-129F

After completing the I-130 petition, your U.S. citizen spouse should file Form I-129F, Petition for Alien Fiancé(e), to initiate the K-3 visa application. This form will be filed with USCIS, along with supporting documents, such as:

  • The approved Form I-130 receipt.
  • Proof of your marriage.
  • A passport-style photo of both spouses.

Keep copies of everything for your records. Upon approval, USCIS will send your I-129F to the National Visa Center (NVC).

Step 4: Apply for the K-3 Visa

Once the NVC receives the approved petition, they will notify you with further instructions. You and your spouse must then complete Form DS-160 (Online Nonimmigrant Visa Application) and pay the visa application fee.

Next, schedule your visa interview at the U.S. consulate or embassy in your home country. Prepare for the interview by gathering necessary documents, which may include:

  • Your passport, valid for at least six months beyond your intended entry date.
  • Marriage certificate.
  • Proof of financial support from your U.S. spouse (Form I-864, Affidavit of Support).
  • Evidence of your relationship.

Step 5: Attend the Visa Interview

During the visa interview, be prepared to answer questions about your relationship and plans in the United States. The consular officer will assess the legitimacy of your marriage and your eligibility for the K-3 visa. Bring all required documentation and anything else that supports your case.

Step 6: Wait for Visa Approval

After the interview, if approved, you will be issued a K-3 visa, allowing you to enter the United States while your immigrant application is processed. If additional information is needed, you may be placed in administrative processing, which can extend the waiting period.

Step 7: Arriving in the United States

Upon arrival in the U.S., the K-3 visa holder is granted entry as a nonimmigrant spouse. You may now apply for a work permit and should begin the process to adjust your status to that of a lawful permanent resident if eligible.

Conclusion

Applying for a K-3 visa for spouses can seem complex, but following these steps can simplify the process. Always stay informed about the latest immigration regulations and consider consulting an immigration attorney for personalized guidance.