Thailand Visa Law
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What Is a K3 Visa?
Foreign spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
What Is a "Spouse"?
A spouseis a legally wedded husband or wife. Cohabiting partners and "common law marriage" partners unrecognized by a court of competent jurisdiction do not qualify as spouses for immigration purpose.
U.S. law does not allow plural marriage. You and your (prospective) spouse must show that you ended (terminated) all marriages before your current/prospective marriage. The death and/or divorce documents that show an end to the marriages must be legal and verifiable in the country that issued them. Divorces must be final.
How Much Does It Cost?
Fees are charged for the following services:
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 embassy or consulate for an interview. Costs vary from country to country and case to case.
Can I extend the validity of the petition?
Yes. The I-129F petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition (revalidate the petition) if it expires before you finish processing the visa.
Can a K-3 Visa Holder Work in the United States?
As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit). For more information see Adjustment of Status.
How Long Does It Take?
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. (It is important to give us correct postal addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time. A good baseline estimate for the K3 is about 8 months from submission of petition to obtainment of visa.
What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
The consular officer will inform you, the visa applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is.
Can those with K3 visas change to another non-immigrant visa category in the United States?
No. K3 visa holders cannot change status in the United States to another non-immigrant visa category. However, they can file for an Adjustment of Status to permanent residence.
Can I travel and re-enter the U.S. on my K3 visa?
Unlike the K1 Visa, Aliens present in the United States in a K3 nonimmigrant visa status can travel outside of the United States and return using their K3 visa. If they have filed for Adjustment of Status in the U.S. prior to departure from the U.S., then USCIS will not presume that the departure constitutes abandonment of an adjustment application
Adjustment of Status Child Immigrants Income Requirements
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