K-3 Visa Problems

There are several different visa types, including tourist visas and visas for work, study, business and family. The K-3 visa, or spousal visa, sometimes is abused by people looking for a way to enter or stay in the United States.
  1. What is a K-3 visa?

    • A K-3 visa is a visa issued to a person who is the spouse of a U.S. citizen, so that she can stay in the United States while awaiting an immigrant visa.

    Legal Definition of Marriage

    • In this case, a spouse is defined as a legally wedded couple. Cohabiting partners do not qualify, but common-law partners might qualify.

    Intent of the K-3 Visa

    • The K-3 visa was developed in order to keep families together when a U.S. citizen marries a non-citizen and wants to return with his spouse to the United States.

    Problems with Intent

    • Many people have entered into marriages simply to get a K-3 visa, rather than to create a legitimate marriage. As a result, the U.S. Immigration Services investigates the legitimacy marriages involved in K-3 visa applications.

    Children

    • Children involved can be granted a visa only after the parent is granted a K-3 visa.

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