What Is a K-3 Visa? (Spousal Visa)

Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

What Is a "Spouse"?

A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration. U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.

My wife's K-3 Visa is ready to expire and we cannot afford the cost to adjust her status, will my wife be deported?

Your wife is not going to be deported for filing it late, but she will be
without status. If she has to leave the U.S. for a family emergency or some other reason, they will not let her back in after her K3 visa expires. You really need to get this taken care of FAST.

What percentage of visa applications are denied?

The USCIS reports that almost 50% of all fiancee, spouse, marriage, Visa Applications are DENIED!

We work exclusively with U.S. clients who have fiancees from the Philippines and we have a 100 percent success rate!

Some common reasons for K1 visa denial include:

1. Missing documents
2. Incorrect paperwork
3. Insufficient income/savings of the U.S. citizen sponsor
4. Very large age difference between the couple
5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country
6. Poor English skills of fiancee
7. Couple hasn’t spent enough time together in person
8. Couple lacks sufficient evidence of recent day-to-day contact
9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen
10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making
11. Fiancee was previously in the U.S. and overstayed the visa
12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status
13. Fiancee has a criminal record
14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.)
15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer)
16. Petition includes a document that is deemed to be fraudulent

How to Apply for a Social Security Number Card

After your fiancee has been admitted into the United States, he/she can apply for a social security number card by visiting one of the Social Security offices in your local area. To learn about how-to-apply, visit the website for the  Social Security Administration.

Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see  How Do I Get a Work Permit (Employment Authorization Document)?

What are the Vaccination Requirements for fiancee visa?

All applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:

· Mumps

· Measles

· Rubella

· Polio

· Tetanus and diphtheria toxoids

· Pertussis

· Influenza type B

· Hepatitis B

· Varicella

· Pneumococcal

Sample Interview Questions for the K-1 Fiancee Visa :

1. How did you meet your fiancee?

2. How long have you know your fiancee?

3. Where does your fiancee live?

4. What does your fiancee do for a living?

5. When did your fiancee propose to you?

6. How did your fiancee propose to you?

7. When is the wedding?

8. Where is the wedding?

9. How many people are invited to the wedding?

10. What is your fiancee’s mothers maiden name?

Question: What do I need to give to my fiancee for her interview?

Answer: You need to give your fiancee a notarized I-134, Affidavit of Support, with copy of most recent Federal tax return, W2 copies, current
employer letter, a few recent pay stubs and bank statements.

A "current employer letter" means a standard employment verification letter, on company letterhead, with date and signature of reported and contact phone number. The letter should state your employment status and pay scale.

Your I-134 needs to be original. The employer letter should be
original. All other docs can be copies.

• The check-in process at the entry gate will remain the same. After check-in, applicants will proceed to the Pavilion where they will submit their documents for data entry. Each applicant, or group, will receive a number. When their numbers are called, applicants will proceed to the appropriate window for finger scanning. Under the new procedures, application documents will be returned to each applicant after finger scanning.

• Applicants will then maintain possession of all of their documents, including the DS-156 application for a nonimmigrant visa, and their passports for presentation to the interviewing officer.

• Please note: Applicants should present only their DS-156 and passport to the interviewing officer. If additional documents are required, the officer will ask for them. 

• The new procedures should expedite the interview process. Embassy personnel are available to provide assistance at each stage. 

• The U.S. Embassy in Manila does not pre-qualify an applicant. Only an adjudicating consular officer at the time of the interview can determine whether an applicant is eligible for a nonimmigrant visa. 

• The Consular Section has rolled out new finger scan procedures. All ten fingers of a visa applicant will be electronically scanned in an inkless process at the beginning of the visa interview. The electronic data from the fingerprints will be stored in a database. This information will be available to the U.S. Department of Homeland Security immigration officers at ports of entry in the United States as part of the US-VISIT Program. The biometric identifier will be checked at the port of entry in the United States to verify that the person presenting the visa is the same person to whom the visa was issued. 

• Non-compliance with the requirements mentioned above will result in the non-processing of the visa application.