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| K3 Visa Information: Marriage Visa / Spousal Visa | |||||||||
| Procedures for obtaining a Marriage K3 visa are highly bureaucratic. There are two types of spousal visas that must both be filed for the K3 visa to succeed. The first filing is an immigrant spousal visa and the second is the K3 spousal visa. Each of the two filings has two basic steps. An American citizen must first file a petition with an USCIS Service Center. Upon USCIS approval of a petition, the foreign spouse may apply for immigration benefits. In the case of an USCIS aproved immigrant spousal visa petition, the benefit is to then a apply for a "green card" and become a legal permanent resident of the U.S. In an USCIS approved K3 visa petition, the benefit is obtaining a K3 visa at a U.S consulate which allows the foreign bride to enter into the U.S. for up to two years while waiting to apply for a green card. The immigrant spousal visa petition must first be filed with the USCIS at a regional service center and is based on the marriage. This is the filing that generally takes up to two years or more to process as discussed in the introduction. The K3 visa petition processes concurrently with the immigrant spousal visa petition. Upon USCIS approval of the K3 visa petition, the case is transferred to the U.S. Consulate abroad. The foreign bride must then attend a K3 visa interview at the Consulate. If she successfully passes the interview, the K3 visa is issued and she can enter the U.S. and travel back and forth in and out of the U.S., as she pleases, for up to two years. During this period, she is waiting for the original immigrant visa petition to be approved. Once the immigrant visa petition is approved, the foreigner can then apply for her green card. The green card will allow her to remain in the U.S as a lawful permanent U.S. resident, and if she chooses, ultimately may lead to U.S. citizenship. |
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