K3 Visa Philippines

Once the K3 marriage visa is issued and applicant is allowed to enter the U.S., the alien spouse must apply for an Adjustment of Status (AOS) to convert the non-immigrant status into that of an immigrant. The K-3 visa is valid for two (2) years.

Once the K-3 visa is issued, holders are now allowed to work while in the United States as long as they get the required Employment Authorization Document from the local USCIS.

How to apply for a K-3 Marriage Visa

The K-3 marriage visa application will be accepted only if there is a pending application for a “Petition for Alien Relative,” Form I-130filed with the local US Citizenship and Immigration Services (USCIS) where the US citizen/petitioner resides.

Thus the American spouse must initially file this petition otherwise the USCIS will not accept the K3 visa application.

The US K3 marriage visa usually takes around eight (8) months to process. Once the K-3 visa is approved and the spouse is allowed to enter the US, she may now be allowed to apply for an Adjustment of Status (AOS) in order to convert her status.

The US citizen must possess the following qualifications:

1. A U.S. citizen and at least 21 years of age
2. Must be married to the beneficiary (foreign spouse)
3. There must be a valid, pending application for a Petition for Alien Relative under Form I-130
4. The U.S. petitioner must pass the minimum income requirement provided under the law

On the part of the alien spouse, the following requirements must be present:

1. Must pass the medical exam before the interview at the U.S. consulate is conducted
2. Must be legally married with the U.S. petitioner
3. Must intend to live in the US
4. Must be of legal age to marry in the local country, with no legal impediments

“Relative Visa” too slow

Strictly speaking, the US immigration law provides that the primary visa which must be applied for by the American spouse wanting to petition his other half is the “Petition for Alien Relative” under Form I-130 (also referred to as the “relative visa”). This is the reason why such form is required to be filed by the applicant before the K-3 visa.

Thus, technically,even if the K-3 visa is not filed by the applicant, the Petition for Alien Relative under Form I-130 is sufficient and will start the ball rolling.

However, the processing of Form I-130 is somewhat slow and tedious as the approximate period of processing and issuance of such a visa is for two (2) years. The main advantage of this type of application, however, is that it is an immigrant visa, and therefore the applicant will no longer apply for an AOS once it is issued.

The only problem with this kind of application is that the applicant is not allowed to enter the US until its approval, which, as mentioned earlier takes about two years.

Thus, most applicants resort to the simpler K-3 visa which takes only around six to eight months to process, allowing the applicant to be together with the American spouse in a span of only six months more or less. Anyway, the K-3 visa holder is given a period of two years to convert the status from non-immigrant to that of an immigrant.

K-4 derivative visa

If the K-3 visa applicant has dependent children who are 21years of age or below, they can qualify as K-4 applicants. The US spouse may include the petition for the K-4 application in the Form 129-F, but need not file a separate I-130 for the child’s application. This is because the child’s K-4 application is merely a derivative non-immigrant classification.

In order to qualify for permanent residence, however, a separate Form I-130 must be filed by either the US citizen or the parent who has validly obtained a Legal Permanent Resident (LPR) status.

Both the K-3 and K-4 visa holders are given multiple-entry level and are therefore allowed to travel outside the United States even during the pendency of their “adjustment of status.” Thus even if they leave at this stage, they shall not be presumed to have abandoned their adjustment application.