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| What is a K3 Marriage Visa?
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If you are married to a Thai citizen and you are an American, you have to apply for a K-3 Marriage visa to take your wife back to the United States. The application process for the K-3 Marriage visa is that you file for the Spousal Petition in the US (I-130). Once the petition is filed the Service Center will notifiy you that they have recieved the petition. Once this is completed you will then file a I-129F petition for the K-3 Marriage Visa with the Chigaco Center and they in turn send your K-3 Marriage Visa application to the Missouri Center for further processing. Once this is completed the K-3 Marriage Visa petition is sent to the US Embassy in Bangkok.
The remainder of the process is the same as that for the K-1 Visa. If the K-3 Marriage Visa sounds complicated, then you are correct as it is a bit more involved than the K-1 Visa process.
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K-3 Marriage Visa / CR-1 Visa
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| Who is eligible for a K-3 Marriage Visa?
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The K-3 Marriage Visa was created for Americans who want to bring their wife back to the United States. The processing times are longer than the average K-1 Visa application though. The K-3 Marriage Visa is a 'non-immigrant' visa which means that your wife will not be a permanent resident when she arrives in the United States but would still have to apply for an adjustment of status. The K-3 Marriage Visa does however allow your wife to travel aboard unlike the K-1 Visa which is a once off visa. Your wife may also bring with her any children that she might have under a "K4" visa. The I-130 petitions however need to be filed separately.
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| The basic eligibility requirements for the K-3 Marriage Visa are as follows:
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You must be a US citizen, and the beneficiary must be your spouse;
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There must be a pending immigration petition naming your wife as a beneficiary on file with the USCIS;
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The marriage between you and your wife must be valid, meaning that it has met all the requirements to have a valid marriage in the country/jurisdiction where you married, and were not subject to any impediment (such as a non-terminated prior marriage) to your ability to marry at that time.
After obtaining a K-3 Marriage visa, your wife (and her unmarried minor children, using the K-4 visa) can travel to the United States and live with you for up to 2 years. Presumably, during that time the USCIS will approve the immigration petition filed by you and she will be able to apply for an adjustment of status to become a legal permanent resident in the United States.
The K-3 Marriage visa is not as ideal as being able to quickly obtain a spousal immigration visa would be. However, given the lengthy processing times at most USCIS service centers, it is a welcome alternative to your wife being forced to live in Thailand for an extended period, and the K-3 Marriage Visa has already helped many families reunite. |
| Overview of the K-3 Marriage Visa application process:
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The process for applying for a K-3 Marriage visa is complicated.
Step 1 : K-3 Marriage Visa (Petition)
This is very first step of the K-3 Visa process. You have to first gather all the documents needed for your K-3 Marriage Visa application. Make certain that you meet the financial requirements of the K-3 Visa and that all documents needed such a your Thai marriage certificate, having being translated and all other documents are collected. Your K-3 Marriage Visa petition should be filed with any of the 4 USCIS service centers. The service center you use would depend on where you reside. It could be:
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Vermont Service Center;
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California Service Center;
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Nebraska Service Center;
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Texas Service Center.
Step 2 : K-3 Marriage Visa (National Benefits Center)
Once USCIS has given you a notice of receipt of your petition you can file your K-3 Marriage Visa petition with the USCIS (National Benefits Center). The National Benefits Center processes all K-3 Marriage Visa applications in the United States. There is only one center so it makes no difference where you live.
Step 3 : K-3 Marriage Visa (National Visa Center)
Once NBC (National Benefits Center) has approved your petition it is forwarded to the National Visa Center. The National Visa Center will then process the K-3 Marriage Visa petition and forward it to the US Embassy in Bangkok. Your wife will be notified by the US Embassy about the pending K-3 Marriage Visa and a date will be set for the interview. Other issues could arise if your wife has ever had any immigration issues in the United States or if she has a criminal record.
Step 4 : K-3 Marriage Visa (US Embassy)
Once she has had her interview at the US Embassy and has been granted a K-3 visa, she will be able to come live with you in the United States. As the K-3 Marriage Visa is a "multiple entry" visa, she can travel using her K-3 Marriage Visa, and she can obtain permission to work with her K-3 Marriage visa. Once in the United States it is best to apply for an adjustment of status to ensure that she becomes a legal permanent resident (or at least have an application filed to become a legal permanent resident) before her K-3 marriage visa expires. |
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| Can a K-3 marriage Visa spouse work? |
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Yes, the K-3 marriage Visa Spouse will be able to work upon entry after getting a social security card and an EAD (Employment Authorization Document). |
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| Can a K-3 Marriage Visa spouse travel outside the US? |
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Yes, she is free to travel outside United States. No advance parole is needed for travelling outside the U.S. The K-3 Marriage Visa and and K-4 visa's are in valid status for 2 years and the visa is a multiple re-entry visa. |
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