K-3 Visa: Overseas Spouses of US Citizens

The process to bring over a spouse from overseas is done through the K-3 visa or marriage based visa. The couple must be legally married. The wedding could take place in the US or a foreign country. In order to qualify for the K-3 visa:

1. The petitioner must be a US citizen and not just a green card holder;
2. Both the US citizen and the foreign spouse must have been legally married according to the laws in the location of their marriage;
3. They also must be old enough to marry and if either was previously married they must be divorced, widowed, or legally annulled;
4. The US citizen petitioner must meet a minimum income requirement that is the poverty level set by Congress. If the petitioner cannot meet these requirements by him or herself, they are eligible to request another US citizen or permanent resident to act as a co-sponsor;
5. The foreign spouse must pass a medical exam at a clinic approved by the US consulate; and
6. Finally, the foreign bride or husband must not have a criminal record of any sort.

Children who are under the age of 21 and unmarried may be permitted to follow you into the United States under a K-4 visa. Once they arrive in the United States, they too can apply for a green card. You will need to prove that the children are yours with a birth certificate, not inadmissible, and that they will be financially supported.

For more information, contact us online or call us at (800) 477-0796.