There are benefits to obtaining
the K3 visa. The waiting period is normally a lot
shorter in comparison to marriage-based immigration
visa petitions, also you are eligible to apply for a
work permit and find employment. Your children are
allowed to travel to the U.S. with you on a K4
dependent visa, as long as they are under the age of
21 and they were named in the visa petition. They
may also be eligible to look for work once they are
in the U.S.
To qualify for the K3 visa you
have to be legally married to a U.S. citizen and
have a family-based I-130 immigration petition filed
by your spouse on your behalf, this has to be done
with the U.S. Citizenship and Immigration Services
(USCIS) service center that has authority over your
place of residence. Once this is complete your
spouse will then receive Form I-797, Notice of
Action, indicating that the USCIS has received the
Form I-130. Your spouse should then file on your
behalf a copy of this Form I-797 along with a USCIS
Form I-129F. After adjudicating the Form I-129F, the
USCIS then sends it to the appropriate American
Consulate so that you can apply for the K3 visa.
If you are in the U.S. on a
different kind of visa, such as a tourist visa, then
it is not possible to change the visa status to a
K-3 visa. In these cases they would have to leave
the U.S. and travel to another country, applying for
the K-3 visa from there and then re-entering under
the new visa category.
When entering the U.S. with a K-3
visa, you are permitted to stay for a period of 2
years. Dependents are also given the same length of
time, however if they reach the age of 21 sooner,
then they will only get the visa until this date.
Once the 2 years admission are
granted the nonimmigrant with the K3 visa can then
apply for extensions in 2 year increments to the
USCIS. Before granting another 2 years, the USCIS
will want to see that you have applied for a change
of status or put in an application for immigrant
status. If neither of these has been done then they
will expect to hear a good reason as to why not
before giving you a further 2 years.
If you are on a K-3 visa in the
U.S. and need to leave the country for whatever
reason, then you are eligible to leave and return on
your K3 visa, it is not made redundant just because
you leave the country. This applies even if you are
in the process of changing your status.
The K-3 visa means that it is
much easier now to be united with your loved one in
your country. If you have limited time or feel
unsure on how to complete all the paperwork that
goes with obtaining a K-3 visa there are visa
agencies online that can expertly prepare your K3
marriage visa application. This way you avoid all
the hassle of dealing with all the bureaucracy
involved and receive professional assistance.
|
ADVANTAGES |
DISADVANTAGES |
|
You are both together
immediately. Your spouse's family and
friends will be able to attend your wedding.
Local marriage in a
the Philippines can sometimes be
accomplished in 12-14 days.
Since with a
Spousal visa your wife gains U.S. legal
residency immediately, future immigration
work is substantially reduced.
There is no need to
file for the
Adjustment of Status
Application and wait for months during which
time your wife cannot travel freely without
obtaining travel parole every time she
travels outside of the U.S. |
There can be a lot of
"red
tape".
Extensive supporting documentation is
usually necessary of a U.S. Citizen trying
to get married in a foreign country like the
Philippines.
Philippine law
prescribes a ten-day waiting period from the
filing of the Application to the issuance of
the marriage license.
If the contracting
parties are between the ages of 18 and 21,
they must present written consent to the
marriage from their father, mother or legal
guardian. While any contracting party
between the age of 22 and 25 must present
written parental advice, i.e., a written
indication that the parents are aware of the
couple's intent to marry.
Philippine law
requires a Certificate of Attendance in a
pre-marital counseling and family planning
seminar conducted by the Division of
Maternal and Child Health at the
Municipal/City Hall in the same municipality
or city where the contracting parties
applied for the marriage license.
It is a two-step
process, instead on one. First, you are
required to submit a package for the Form
I-130. And, second, upon USCIS Notice of
Action, you would need to send I-129F
Package. It takes time and a lot of patience
from both of you.
This process is
very document-sensitive which means that if
you are missing a document, you may have to
fly back to the U.S. in order to obtain a
necessary document before process can be
completed.
You might
end up paying more for the expenses, for the
marriage ceremony, and Embassy visa
processing charges and other fees than you
would with a
K1 visa. |
How Long Does It Take to get a K-3
Visa?
The length of time varies from case
to case according to its circumstances. The time it
takes each USCIS office and each consular office to
process the case varies. Some cases are delayed
because the applicants do not follow instructions
carefully or supply incomplete information. On
average it is taking about 6 months to get approval
for a K-3 visa.
Philippines Calling Cards
