Family Visa for Wedding From Philippines in the United States

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Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their small children, are now eligible for the same immigration benefits as reverse-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an canonical I-130 or I-140 petition from USCIS. For farther data, delight see our FAQ's.

Overview - What is a K-3 Visa?
What is a "Spouse"?
The International Marriage Broker Regulation Deed of 2005 (IMBRA)
The Get-go Footstep: Filing the Petitions
The Second Step: Applying for a Visa
Required Documentation
Review Additional U.Southward. Embassy/Consulate-Specific Instructions
Medical Examination and Vaccination Requirements
Proof of Financial Support and Affidavit of Support forms
Do the Same Income Requirements Apply to Grade I-134 as Utilize to Form I-864?
Fees - How Much Does a 1000 Visa Cost?
Rights and Protections - Pamphlet
My Petition Expired - Can Information technology Be Extended?
Ineligibilities for Visas - What if I am ineligible for a Chiliad visa?
How Long Will information technology Take to Get My Thou Visa?
After You lot Receive a Chiliad-three Visa
Does My U.South. Citizen Spouse Demand to File Split up Petitions for My Children?
Are My Children Required to Travel with Me?
Entering the United States - Port of Entry
Adjustment of Status, Working in the Usa, and Traveling Exterior of the United States
How to Use for a Social Security Number Card
Further Questions

Overview - What Is a K-3 Visa?

The M-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) denizen. This visa category is intended to shorten the physical separation betwixt the strange-citizen and U.S. denizen spouses past having the option to obtain a nonimmigrant K-3 visa overseas and enter the Usa to await approval of the immigrant visa petition. K-3 visa recipients later on apply to suit status to a permanent resident (LPR) with the Section of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Considering the spouse of a U.Due south. denizen applying for a nonimmigrant Yard-three visa must take a immigrant visa petition filed on his or her behalf by his or her U.S. denizen spouse and pending approval, a K-3 bidder must meet some of the requirements of an immigrant visa. It should exist noted that under U.S. immigration police, a strange citizen who marries a U.Southward. denizen outside the U.Due south. must employ for the Thousand-3 visa in the land where the wedlock took identify. Acquire more than in the Applying for a Visa section below.

Eligible children of Thou-3 visa applicants receive 1000-4 visas. Both G-three and the K-four visas allow their recipients to stay in the U.s. while immigrant visa petitions are pending approval by USCIS.

What is a "Spouse"?

A spouse is a legally wedded hubby or wife. Aforementioned-sexual practice spouses of U.S. citizens and Lawful Permanent Residents, along with their small-scale children, are now eligible for the aforementioned immigration benefits equally contrary-sex spouses.

Merely living together does not qualify a marriage for immigration.
Common-law spouses may qualify equally spouses for clearing purposes depending on the laws of the land where the mutual-law matrimony occurs.
In cases of polygamy, merely the showtime spouse may qualify every bit a spouse for clearing.

The International Marriage Banker Regulation Human activity of 2005 (IMBRA)

Detailed data about IMBRA requirements is contained in the Form I-129F, Petition for Conflicting Fiancé(e), instructions.

The First Pace: Filing the Petitions

You, the U.Southward. denizen sponsor, must first file Class I-130, Petition for Alien Relative, with Section of Homeland Security (DHS), U.Southward. Citizenship and Clearing Services (USCIS) office that serves the area where you lot alive. The USCIS will send a Detect of Activeness (Class I-797) receipt discover to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
You must then file Form I-129F, Petition for Conflicting Fiancé(e), for your strange-citizen spouse and stepchildren. Encounter Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for data on where to file the petition for a K-3 visa.
After USCIS approves the petitions, they will be sent to the National Visa Centre (NVC) for processing.

The 2d Pace: Applying for a Visa

Important Notice:

When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, also as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant M-iii visa instance volition exist administratively closed.
The application procedure explained below will not be bachelor to the strange-citizen spouse and cannot be used.
The NVC will contact the U.South. denizen sponsor and strange-citizen spouse, with instructions for processing the IR-one (or CR-one) immigrant visa. For more than data on the immigrant visa procedure, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition earlier it receives the I-130 petition, the NVC volition process the I-129F petition. NVC will and then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the Us, the NVC will transport the petition to the U.Southward. Embassy or Consulate that issues visas in the strange-citizen spouse's country of nationality. If the marriage took place in a country that does non have a U.S. Embassy, or the Embassy or Consulate does not outcome visas, the NVC will transport the petition to the U.S. Diplomatic mission or Consulate that ordinarily processes visas for citizens of that country. For example, if the marriage took identify in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

The U.S. Embassy or Consulate where you, the strange-citizen spouse, volition utilise will provide you with specific instructions, including, where to go for the required medical exam. During your interview, ink-gratis, digital fingerprint scans will be taken. Some visa applications crave further administrative processing, which takes boosted fourth dimension after the visa bidder's interview past a Consular Officer.

Eligible children of K-3 visa applicants may apply for Yard-4 visas. Separate applications must be submitted for each Yard visa applicant, and each G visa applicant must pay the visa application fee.

Required Documentation

You, the foreign-citizen spouse, (and eligible children applying for M-four visas) will be required to bring the following forms and documents to the visa interview:

Completed Class DS-160, Online Nonimmigrant Visa Awarding. You (and any eligible children applying for Yard-4 visas) must: (ane) complete Form DS-160 and (2) impress the DS-160 confirmation folio to bring to your intervew.
A passport valid for travel to the United States and with a validity date at least half-dozen months across your intended menses of stay in the United States (unless country-specific agreements provide exemptions).
Ceremonious documents - the original(s) (or certified copies) and photocopies of the following:
- Nascency document
- Marriage certificate for the marriage to the U.S. citizen spouse
- Divorce or death certificate(s)of any previous spouse(s)
- Police certificates from your present country of residence and all countries where y'all have lived for 6 months or more than since age xvi. (Police certificates are as well required for accompanying children age xvi or older.)
Medical examination (vaccinations are optional, encounter below)
Evidence of financial support (Form I-134, Affirmation of Support may be requested)
Ii (2) 2x2 photographs. See the required photo format explained in Photograph Requirements
Evidence of relationship with your U.S. denizen spouse
Payment of fees, as explained below

Note: The consular officeholder may ask for additional information, such as wedding ceremony photographs and other proof that the marriage to your U.Due south. citizen spouse is genuine. Documents in foreign languages, other than the language of the state in which the application takes identify, should be translated. Applicants should accept to the visa interview all original ceremonious documents, such as birth and marriage certificates as well equally legible photocopies of the documents and translations. Original documents and translations will be returned.

Review Boosted U.Southward. Embassy/Consulate-Specific Instructions

There may be boosted instructions for collecting documentation needed for your One thousand visa interview. Review U.S. Embassy/Consulate-Specific Instructions here, to learn what additional requirements there are, if whatsoever.

Medical Examination and Vaccination Requirements

In preparing for the interview, applicants volition demand to schedule and complete a medical examination. Earlier the issuance of an immigrant or Yard visa, every applicant, regardless of age, must undergo a medical examination whichmust be performed by an authorized panel medico. You will be provided instructions regarding medical examinations from the U.S. Diplomatic mission or Consulate where yous will apply for your visa, including information on authorized console physicians. Meet Medical Examination for more than information, including a list of panel physicians past country, and frequently asked questions.

K visa applicants are encouraged to get the vaccinations required nether U.Southward. immigration police for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they volition be required when adjusting status to that of legal permanent resident. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical test. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional data.

Proof of Financial Support and Affidavit of Back up Forms

During the visa interview, applicants volition be required to present testify to the Consular Officer that they are non likely to become a public charge in the United States. Yous may present testify that you are able to financially support yourself or that your U.Due south. citizen spouse is able to provide support. The Consular Officer may asking that a Form I-134, Affidavit of Support, exist submitted by the U.S. denizen spouse.

The U.South. denizen spouse will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident.

Do the Same Income Requirements Utilize to Grade I-134 as Employ to Course I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most contempo twelvemonth'south revenue enhancement return, and other requirements merely apply when a Form I-864 is needed. Applicants using Course I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

Fees

Fees are charged for the post-obit services:

Filing a Petition for Conflicting Relative, Form I-130
Filing an Alien Fiancé(e) Petition, Course I-129F
Nonimmigrant visa awarding processing fee, Form DS-160 (required for each K visa applicant)
Medical examination (required for each 1000 visa bidder; costs vary from post to mail)
Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from state to country and case to instance.
Filing Form I-485, Application to Annals Permanent Residence or to Suit Status

For current fees for Section of Land, see Fees for Visa Services. For current fees for USCIS, see Bank check Filing Fees on the USCIS website.

Rights and Protections - Pamphlet

You lot should read the Rights and Protections pamphlet earlier your visa interview to learn well-nigh your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection bachelor to you. The consular officer volition verbally summarize the pamphlet to you lot during your interview. Additionally, K-3 visa applicants will be provided with whatsoever existing criminal background information on their U.S. citizen spouses that USCIS received from other government agencies during processing of their Form I-129F petitions.

My Petition Expired – Can It Be Extended?

The I-129F petition is valid for four months from the date of approval by USCIS. A Consular Officer can extend the validity of the petition if it expires before visa processing is completed.

Ineligibilities for Visas

Certain conditions and activities may brand you lot, the applicant, ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.

If you are ineligible for a visa, you will be informed past the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is. Learn more and see the consummate list of ineligibilities.

How Long Will It Accept to Get My Thousand Visa?

For Form I-129F, Petition for Alien Fiancé(e), you tin visit the USCIS website for the status of your petition.

Once your case has been received from NVC by the U.South. Embassy or Consulate that will procedure it, the length of time varies from case to instance according to its circumstances. Some cases are delayed because applicants practise not follow instructions advisedly or supply incomplete data. (It is of import to give us correct postal addresses and telephone numbers.) Some visa applications require further administrative processing, which takes additional time after the visa applicant'south interview by a Consular Officer.

Afterward You Receive a K-iii Visa

If you are issued a 1000-3 visa, the consular officeholder will requite yous your passport containing the K-3 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is of import that youdo not open up the sealed packet. Only the DHS immigration official should open this packet when y'all enter the United States. As the K-three visa holder, yous must enter the U.Due south. before or at the same time as any qualifying children holding K-iv visas.

Does My U.S. Denizen Spouse Need to File Separate Petitions for My Children?

No. Your children may apply for K-four visas based on the approval of Form I-129F, Petition for Conflicting Fiancé(east), that your U.S. citizen spouse filed on your behalf, but your U.Southward. citizen spouse must listing the children on the petition. Dissever visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee.

Your U.S. citizen spouse is also not required to file I-130 petitions on behalf of your children before he or she is able to list them on the I-129F petition. Even so, your U.S. citizen spouse must file separate I-130 immigrant visa petitions for your children before they can authorize for permanent residence or use for aligning of status. More than information well-nigh adjustment of status is bachelor on USCIS's website under Greenish Bill of fare (Permanent Residence).

Important Notice: Under U.S. clearing constabulary, a child must be unmarried. In lodge to file for adjustment of status for your kid, the child'southward stepchild relationship with your spouse must be created before your kid reaches the historic period of 18.

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-four visas. Separate petitions are not required if the children accompany or follow to join you within one year from the appointment of issuance of your K-3 visa. If they want to travel subsequently than i yr from the appointment your Thousand-3 visa was issued, they will not exist eligible to receive Yard-four visas, and separate immigrant visa petitions will be required. If your child has a valid K-4 visa and yous accept already adapted status to that of permanent resident, your child may still travel on the M-4 visa.

Entering the Usa: Port-of-Entry

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You lot should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have potency to allow or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to nowadays to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

Adjustment of Status, Working in the United States, and Traveling Outside of the United States

Information for Thousand-three/K-iv visa holders well-nigh adjustment of status, permission to piece of work in the United States, and travel outside of the United States is available on the USCIS website nether Thou-3/1000-4 Nonimmigrant Visas.

How to Apply for a Social Security Number Card

To larn about applying for a Social Security Number Carte du jour, visit the website for the Social Security Administration.

Further Questions

If your enquiry concerns a visa case in progress at a U.S. Embassy or Consulate, you should starting time contact the U.S. Diplomatic mission or Consulate handling your case for condition information. Select U.Southward. Embassy or Consulate to review their website for contact information.
Before making an enquiry, we request that you lot carefully review this website. Often, the answers to questions are easily institute which enables u.s.a. to assist other applicants and U.S. sponsors in need of assist. Due to the volume of inquiries we receive, Visa Services cannot promise an firsthand reply to your research.
You can find contact data for our Public Inquiries Sectionalisation at Contact Us.

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Source: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html