Who is Eligible for a Marriage Visa?
The foreign spouse of any U.S. citizen is eligible for a K3 visa. The couple must be legally eligible to marry and must have married according to the laws of the place of marriage. The marriage can occur either in the US or in a foreign country.
Both American men and women are qualified to petition their spouses for the K3 visa.
Are the Children of the Foreign Spouse Eligible?
Any child of a foreign bride or husband can qualify for a K4 visa as a dependent, provided that the child is not married and is under the age
of 21 years.
What are the Requirements for a Marriage K3 Visa?
The immigration requirements for a K3
Visa are simple but firm:
- The petitioner must be a United States citizen. This means Legal Permanent
Resident “Green Card” holders of the U.S. are not
allowed to obtain a K3 Visa for their foreign spouses.
- Both the petitioner (U.S. citizen) and the beneficiary (foreign spouse)
have been legally married according to the laws of the country in which
the marriage took place. This means both parties must have been legally eligible
to marry. They must have been old enough to marry. If either was previously married, he or she must have either
been divorced or widowed, or else the marriage must have been legally
annulled.
- The U.S. citizen petitioner must meet a minimum income requirement
that is the poverty level set by Congress. The current
requirements are listed below:
Size
of
Family Unit |
48
Contiguous
States and D.C. |
Alaska |
Hawaii |
| 1 |
$9,800 |
$12,250 |
$11,270 |
| 2 |
13,200 |
16,500 |
15,180 |
| 3 |
16,600 |
20,750 |
19,090 |
| 4 |
20,000 |
25,000 |
23,000 |
| 5 |
23,400 |
29,250 |
26,910 |
| 6 |
26,800 |
33,500 |
30,820 |
| 7 |
30,200 |
37,750 |
34,730 |
| 8 |
33,600 |
42,000 |
38,640 |
| For each additional person, add |
3,400 |
4,250 |
3,910 |
- If the petitioner cannot meet these requirements,
the petitioner is allowed to use a co-sponsor who does meet them.
The co-sponsor’s income must meet the requirement for a number
of dependents that includes himself, the petitioner, each of their immediate
family members, the foreign spouse
and any children who will be receiving a K4 visa and coming to the U.S.
In addition, any children for which either the co-sponsor or petitioner
is paying child support or any former spouse to whom he is paying
alimony also count as dependents.
- The foreign bride or husband must pass a medical exam at a clinic approved by
the U.S. Consulate that is processing the K3 spousal visa application.
The foreign spouse must not have any type of communicable disease or serious
mental illness.
- The foreign bride or husband must also not have a criminal record.
Some arrests and/or convictions are exempt from this requirement. If
this is a concern in your situation you should consult an immigration
attorney experienced with K visas before proceeding further.
|
