What are the legal requirements?
The basic requirements to apply for a K-3 Spousal Visa are:
- You must be a U.S. citizen
- You must be legally married to your foreign spouse
- The U.S. citizen and foreign spouse must have been FREE to marry (i.e. all previous marriages must have been terminated by divorce, anullment, or death of the former spouse)
- An Immediate Relative Petition must have already been filed by the U.S. citizen for his foreign spouse (Our office can file this for you as part of your K-1 Fiancee Visa Petition)
- The foreign spouse has NOT been convicted of a crime and does not have a history of detentions/removal/deportations by the Department of Homeland Security (*waivers may be available for such conduct but this requires careful consultation with Attorney Michael S. Cho)
- The U.S. citizen spouse has filed taxes with the IRS during the previous three years, is currently employed (or self-employed), and is earning AT LEAST the minimum income level set forth by the U.S. Poverty Guidelines. This minimum income level recommended is $19,387 for a family of two and increases by approximately $5,025 for each additional family household member or dependent of the U.S. citizen fiancee.