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US K3 Visa in Philippines | Manila Legal - Philippines Largest Legal Network

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K3 Visa: Uniting Two Hearts Together

If you are a US citizen, you can bring your Filipina spouse, from the Philippines to the US. All you have to do is file a petition and apply for a K3 visa.
K3 Visa
A K3 visa is a non-immigrant visa which allows your Filipina spouse to enter the US so you can be together. Since it is a non-immigrant visa, it permits your spouse to stay in the US for a maximum of four (4) months, depending on the immigration officer.
During that time, you and your Filipina wife may apply for an adjustment of status at the United States Citizenship and Immigration Service office which has jurisdiction over your domicile in the US.
A K3 visa holder may also bring her children, provided that they are unmarried and below 21 years old. This is possible through the derivative K4 visa.
Procedure
The following are the steps to apply for a K3 visa:

  1. File an Immigration Petition for Alien Relative (Form I-130) at the USCIS.
  2. Upon receiving the Notice of Action (Form I-797), file a Petition for Alien Fiancé/e (Form I-129F). Provide necessary documents like the marriage certificate, evidence of sufficient funds, and others.
  3. If no problem arises, the USCIS will forward your application to the National Visa Center for further processing. Additional fees will be paid.
  4. Upon the NVC’s approval, the application will be sent to the US Embassy in Manila. They will contact your Filipina spouse, and inform her that the application has been lodged to the embassy.
  5. Your Filipina wife can now schedule herself for an interview with the consular officer.
  6.  During the interview, the Filipina spouse shall present the following requirements:
    1. DS-160 Non-Immigrant Visa application form (2 copies)
    2. Police clearances
    3. Birth certificate, NSO-authenticated
    4. Marriage certificate
    5. Death certificate of a late spouse, if widowed
    6. Divorce certificate, if divorced
    7. Medical examination results
    8. Passport, with at least 6 months of validity
    9. 2x2 photos (recent, colored, against light background)
    10. Proof of financial capability or an Affidavit of Support (Form I-134) from you
  7. Evidence to prove that your marriage is authentic and there is an on-going relationship
  8. Once the visa is approved and issued, your Filipina spouse may now fly to the US to be with you.
  9. Upon entering the US, she has to apply for an adjustment of status at the USCIS immediately to convert her K3 visa to an immigrant visa.
  10. If your spouse wants to work, she could apply for a work permit by filing an Application for Employment Authorization (Form I-765)

The processing has indefinite time frame since it depends on the sufficiency of the evidence to support the application.
 The K3/K4 visa holders no longer need to apply for a re-entry permit if they want to leave and re-enter US, so long as the date of their travel is covered by the visa’s validity.
K3 visa vs CR1 visa
As you remember, you have to file two petitions at the USCIS office during the first step of the application process: the forms I-129F and I-130
Both will be processed but it has to be understood that the visa to be issued will depend on whichever application will be approved first.
Normally, the I-129F petition is accepted first, making the K3 visa the one to be issued and further adjustment of status should be done to convert it. However, in some instances that the I-130 petition is approved, the Filipina applicant may be granted a CR-1 visa which readily gives her a conditional immigrant status in the US.


 


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