K3 visa USA – documents and exceptions

Exceptions

  1. If the marriage occurred in the United States, the visa application must be filed abroad in the applicant’s country of residence.
  2. If the marriage occurred in a country where there is no U.S. Embassy Consular Section to issue nonimmigrant visas, the visa application should be submitted at the consulate of the country where the State Department has designated to work on immigration issues with the residents of the country where the marriage occurred.

Documents

  1. Valid passports of the recipient and their dependent children or a separate travel document for the child.
  2. Birth certificates of the recipient and dependent children.
  3. Notarized statement from absent father or mother giving permission for permanent residency in the U.S., or court order to terminate parental rights, or death certificate.
  4. Certificate of Change of Surname or Marriage Certificate.
  5. Certificates of dissolution of all previous marriages of petitioner and recipient.
  6. Certificates from the police concerning the recipient and all of his or her children 16 years of age or older.
  7. Certificates of health status of the recipient and children who are in his/her custody.
  8. Proof of adequate financial support from American fiancé(e)/fiancé(e)/fiancée.
  9. Supporting documentation that confirms a close relationship between the petitioner and the recipient.

Documentation of financial support can be in any form, as long as it contains enough information for the consular officer to conclude that the recipient will not be on the government’s payroll. These can be: tax returns, bank statements, payroll information, etc. Petitioners may optionally submit a Certificate of Material Support form I-134, notarized.

If all documents are collected and the consular officer grants the visa, the visa itself will be put in the passport and the applicant will receive the packet for the Bureau of Immigration and Citizenship. To enter the United States on a K3/K4 visa, you must have both the visa itself in your passport and the packet for the Bureau of Immigration and Citizenship.

Individuals who enter the U.S. with a valid K3 non-immigrant visa will be allowed to stay in the U.S. for 2 years. A child who is entering the United States on a valid K4 non-immigrant visa will be authorized to remain in the United States for two years or until the child turns 21, whichever is shorter. After two years of authorized stays, K3 and K4 visa holders may apply to the Bureau of Immigration and Citizenship for an extension of stay, using Form I-539. The period of stay is extended at intervals of 2 years. When the pending immigration petition is approved, individuals who are in the United States on K3/K4 visas may change their status to permanent resident under certain conditions.

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