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The Ok-3 visa course of was designed to assist shorten the bodily separation between a international citizen and his or her U.S. citizen partner. In idea, it’s the right resolution for a lot of {couples} that wish to transfer to the USA collectively with out an prolonged separation related to the immigration course of. In observe, the U.S. authorities not often points the Ok-3 visa. Whereas it stays a element of immigration legislation, most {couples} have a troublesome time acquiring one.
What’s a Ok-3 Visa?
The Ok-3 visa is a short lived (non-immigrant) visa for the foreign-citizen partner of a U.S. citizen. A U.S. citizen could request using the Ok-3 visa course of to shorten the bodily separation together with his or her international citizen partner.
After acquiring the Ok-3 visa, the international partner could enter the USA to await approval of the immigrant visa petition (Type I-130) or regulate standing. Most Ok-3 visa recipients select to regulate standing to a everlasting resident as soon as contained in the U.S. Eligible kids of Ok-3 visa candidates obtain Ok-4 visas. Each Ok-3 and the Ok-4 visa recipients could keep in the USA whereas immigrant visa petitions are pending approval by U.S. Citizenship and Immigration Providers (USCIS).
In truth, the Ok-3 visa for spouses is much like the Ok-1 visa for fiancés. That’s why the 2 use the identical petition.
Typical Situation Solved by Ok-3 Visa Course of
Right here’s a typical dilemma that could be solved by means of the Ok-3 visa course of. John is a U.S. citizen working in China. Throughout his employment, he meets a Chinese language citizen named Mei, and the couple ultimately marries in China. John’s employer asks him to repatriate to a U.S. location. The couple shall be shifting to the USA, so Mei must receive an immigrant visa (inexperienced card). John must be again within the U.S. inside six months, however the immigration course of may take a 12 months or extra. John and Mei are involved in regards to the separation and the added bills of visits. Complicating points additional, the couple has a baby that may very well be separated from his father in the course of the transition.
By acquiring a Ok-3 visa (and Ok-4 visa for the accompanying little one), the household stays collectively. Mei and little one journey to the USA with John.
As soon as within the U.S., Mei and little one can regulate standing to everlasting residence as an alternative of making use of through the embassy or consulate. Whereas the whole course of may take barely longer, the whole household stays collectively in the course of the wait.
Find out how to Apply for a Ok-3 Visa
Eligibility for the Ok-3 visa course of is pretty simple. The intending immigrant should :
- Be married to a United States citizen; and
- Have a pending Type I-130 (Petition for Alien Relative).
To use for a Ok-3 visa, the U.S. citizen initially information Type I-130, Petition for Alien Relative. The I-130 petition is the request to begin of the family-based immigration course of.
Roughly two to a few weeks after submitting the I-130 petition, USCIS will mail the petitioner an I-797C Discover of Motion that confirms receipt of the petition. As soon as the U.S. citizen receives this receipt letter (I-797C), she or he could file Type I-129F, Petition for Alien Fiancé(e), to request the Ok-3 visa.
If there are kids that may accompany the international partner to the USA, the U.S. citizen will not be required to file separate I-129F petitions for every little one. As an alternative, listing the kid(ren) on the identical Type I-129F.
Steps for the Ok-3 Visa Course of
STEP |
Apply for the Ok-3 VisaAs defined above, the U.S. citizen should first file Type I-130 and obtain the receipt letter earlier than she or he can file Type I-129F, Petition for Alien Fiancé(e), on behalf of the international partner. After USCIS approves the petition, they are going to ship it to the Nationwide Visa Middle (NVC) for extra processing. |
STEP |
Nationwide Visa Middle ProcessingIf the NVC receives the authorized I-129F petition earlier than it receives the authorized I-130 petition, the NVC will course of the I-129F petition. Nevertheless, if the I-130 petition is authorized first, NVC will administratively shut the Ok-3 case. It’s because the case is moot. There isn’t any want for the Ok-3 visa as soon as the immigrant visa is on the market. In these instances, the international partner shall be redirected to finish the immigrant visa course of by means of consular processing. |
STEP |
Ok-3 Visa InterviewAssuming the NVC receives your authorized Type I-129F first, it would ahead it to the U.S. embassy or consulate within the nation during which you have been married. The U.S. embassy or consulate will ship the couple directions on finalizing the Ok-3 visa software. They’ll require the international partner to endure a medical examination and an interview. |
STEP |
Enter the USAThe international partner could enter the USA after the U.S. embassy or consulate approves the Ok-3 visa case. An immigration officer from the U.S. embassy or consulate will present a sealed packet which accommodates your Ok-3 visa and any further paperwork you supplied. Do NOT open the sealed packet. If you enter the USA, a Customs and Border Safety officer will open the packet. Whereas in the USA, you might start your adjustment of standing (inexperienced card) software even when your I-130 petition continues to be pending. You may additionally receive employment authorization if you happen to file a Type I-765 Utility for Employment Authorization. The Ok-3 visa is legitimate for 2 years. The visa holder could journey and reenter the U.S. a number of instances. |
Required Documentation for Ok-3 Visa Course of
The international partner (and any eligible kids making use of for Ok-4 visas) shall be required to deliver the next types and paperwork to the visa interview:
- Accomplished Type DS-160, On-line Nonimmigrant Visa Utility. The applicant (and any eligible kids making use of for Ok-4 visas) should: (1) full Type DS-160 and (2) print the DS-160 affirmation web page to deliver to the Ok-3 interview.
- A passport legitimate for journey to the USA and with a validity date at the least six months past the supposed interval of keep in the USA.
- Civil paperwork – the unique(s) (or licensed copies) and photocopies of the next:
- Delivery certificates
- Marriage certificates for the wedding to the U.S. citizen partner
- Divorce or demise certificates(s) of any earlier partner(s)
- Police certificates from current nation of residence and all nations the place the applicant has lived for six months or extra since age 16. (Police certificates are additionally required for accompanying kids age 16 or older.)
- Medical examination (with vaccinations advisable)
- Proof of economic help (Type I-134, Affidavit of Help could also be requested)
- Two (2) 2″x 2″ passport-style pictures
- Proof of relationship with the U.S. citizen partner
- Fee of charges
Why Your Ok-3 Visa Petition is Doubtless Lifeless on Arrival
The Ok-3 visa course of could sound like an ideal resolution to your state of affairs. Sadly, most {couples} are unlikely to acquire a Ok-3 visa. Contemplate the statistics. In fiscal 12 months 2020, the U.S. Division of State issued solely 2 Ok-3 visas as in comparison with 55,044 immigrant (IR1/CR1) visas for the spouses of U.S. residents.
There isn’t any official reason there’s such an ideal disparity. Hypothesis exists that the NVC and USCIS conspire to restrict Ok-3 visas by delaying Ok-3 processing till the I-130 petition can catch up. If the I-130 is authorized, there’s no motive to situation a Ok-3 visa, and the appliance might be administratively closed.
You might apply for the Ok-3 visa, however you also needs to perceive the chance of receiving one. It’s terribly low. For the needs of planning your transfer, it’s usually simpler to rely a extra predicable course of – the immigrant visa.
About CitizenPath
CitizenPath gives easy, inexpensive, step-by-step steerage by means of USCIS immigration functions. People, attorneys and non-profits use the service on desktop or cell machine to arrange immigration types precisely, avoiding expensive delays. CitizenPath permits customers to attempt the service totally free and gives a 100% money-back assure that USCIS will approve the appliance or petition. We offer help for the Ok-3 Visa Petition (Type I-129F), Petition for Alien Relative (Type I-130), and a number of other different USCIS types.
Be aware to Reader: This submit was initially printed on September 12, 2017, and has been modified with enhancements.
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