K3 Visa FAQ (Continued)
Do children born to K visa appli cants require a separate visa to enter the United States?
Unmarried, minor children of K visa applicants are also eligible for K visas to enter to the United States if the petition is filed simultaneously with their parent's petition or within a certain period after their parent has entered the United States.
If the K visa applicants' is the biological child of a US citizen then the child is also eligible for US citizenship. The child may apply for a Consular Report of Birth Abroad (equivalent to a birth certificate) and a US passport at the Embassy.
My wife and I live in Thailand but would like to travel to the US for a brief period and then continue to reside in Thailand. Is the K3 visa appropriate?
Generally, no, because one prerequisite for the K3 is an intention to reside in the US. The appropriate visa would be a tourist visa. The maximum tourist visa is a 10-year multiple entry visa. Proof of residence in Thailand will be required to overcome the presumption of being an intended immigrant into the USA.
How long does it take for the K3 marriage visa to be approved?
Although processing time for the United States Citizen and Immigration Services (USCIS) and the US Consular Office varies, for a standard case, it generally takes 6-8 months for the K3 visa to be issued from the date on which the initial petition is filed.
My wife is HIV+. Is she still eligible for a K3 visa?
In many circumstances an HIV positive K-3 visa applicant may still be eligible for a visa, however a number of conditions would be imposed. Your wife's application may initially be denied because the US government considers certain communicable diseases a threat to public health. However, as a close relative of a US citizen, she will most likely be eligible for a waiver if certain conditions can be met. These conditions generally include evidence that admission of your wife to the United States will be create a minimal public health risk and that your wife's admission will not be a burden for government agencies. (Read more about HIV/AIDS and Immigration).
In what circumstances may a US citizen file a petition with the USCIS Regional Service Center in Bangkok?
The initial petition which establishes a US citizen's eligibility to bring a foreign fiancee or spouse to the United States must be filed with the USCIS Regional Service Center which has jurisdiction over the state of the US citizen's residence. In the event that the US citizen is residing in Bangkok, in certain circumstances, they may be able to file their petition with the Bangkok USCIS Service Center at the US Embassy. Processing times for the Bangkok Service Center and significantly less than service centers in the states.
The Bangkok Service Center generally requires evidence of long term visa status or evidence of residence outside of the US in the regional area that falls under the jurisdiction of the Bangkok USCIS.
Will US citizens who have petitioned for a K1 or K3visa in the past encounter problems when filing a new petition?
A recent law, the IMBRA, or International Marriage Brokers Regulation Act was implemented to prevent K visa recipients from being abused by their US citizen petitioners. Legislators who drafted the IMBRA believed that there was a positive correlation between the number of K1 and K3 visas a person has petitioned for and the likelihood that the K1 or K3 visa recipient would be subject to domestic violence:
Although waivers may be sought, consular officers are prohibited from approving a K1 or K3 visa petition if:
-The petitioner has filed a K1 or K3 visa petition within the past 2 years
-The petitioner has filed a K1 or K3 visa petition with respect to 2 or more foreign nationals.
Persons filing 2 or more petitions will also be included in a database of multiple petitioners and the fiancee or spouse recipients of the petitions will receive notice of the previous applications.
Want to know more? Read our introductory Fiancee Visa FAQ or check out our Marriage Visa FAQ, K1 vs K3 Visa Comparision FAQ or Immediate Relative Visa FAQ.