K3 Visa Denial
The K-3 nonimmigrant visa provides a pathway for the foreign-citizen spouse of a U.S. citizen to enter the United States while awaiting the processing of their application for lawful permanent resident status. However, not all K-3 visa applications are approved. If your application is denied, you should speak with an experienced USA immigration attorney. In general, we actually recommend against applying for the K-3 visa in the first place as there is usually a better alternative.
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Overview of the K-3 Visa
The K-3 nonimmigrant visa allows spouses of U.S. citizens to enter the U.S. while their immigration visa application is still being processed. This avoids long separations for newly married couples.
To qualify, you must be legally married to a U.S. citizen. Your spouse must file Form I-130 to establish your relationship. After filing Form I-130, your spouse can apply for a K-3 visa by filing Form I-129F.
Reasons a K-3 Visa May Be Denied
There are several reasons a K-3 visa application may be denied, including:
Your Marriage is Not Valid
Your marriage must be legally valid under U.S. immigration law to qualify for a K-3 visa. Proxy marriages and some common-law marriages do not qualify.
Criminal History or Security Issues
Any criminal history or security risks found during background checks can lead to a denial. Some past immigration violations may also cause a denial.
Your Spouse’s Income is Too Low
Your U.S. spouse must meet income requirements and be able to financially support you. Failure to meet these requirements can result in denial.
The Relationship is Not Bona Fide
K-3 applicants must prove that their marriage is real and not entered solely for the purpose of obtaining a green card. Failure to prove a bona fide relationship can lead to denial.
Inadmissibility on Health Grounds
Certain health conditions and lack of required vaccinations may also cause a K-3 visa denial.
What Happens if Your K-3 Visa is Denied?
If your K-3 visa application is denied, the consular officer will likely give you a list of reasons your application was denied. Here is what to expect:
1. You Will Receive an Official Denial Letter
The denial letter will outline the specific reasons your K-3 application was rejected. Make sure to review the reasons carefully.
2. You Can Reapply or Apply For an Immigrant Visa.
If your situation has changed in a way that addresses the reasons for denial, you may be able to reapply. For example, if you did not provide enough evidence of your good faith marriage, you could reapply with additional evidence. However, we would typically recommend applying directly for a marriage based immigrant visa instead.
3. Seek a Waiver if Available
Some denial reasons, such as certain health conditions, may be overcome by obtaining a waiver. Consult with an immigration attorney about waiver options.
4. Appeal the Decision if Appropriate
In some cases, you may be able to appeal a denial and provide additional evidence to overcome the stated reasons. There are strict deadlines for appeals.
5. Your Spouse’s I-130 Is Still Valid
Even if your K-3 is denied, your spouse’s I-130 visa petition filed on your behalf is still valid. You can pursue consular processing and an immigrant visa using the approved I-130. It often makes sense to directly apply for an immigrant visa instead of the K-3 visa in the first place.
6. Speak with an Immigration Attorney
Discuss your options with an experienced immigration attorney. A lawyer can help determine the best strategies for overcoming a K-3 denial.
FAQs About K-3 Visa Denials
1. What are common reasons for a K-3 visa denial?
Common reasons include invalid marriage, failure to prove a bona fide relationship, inadmissibility due to health or criminal reasons, and spouse’s inability to provide financial support.
2. Can I appeal if my K-3 visa is denied?
Often it is best to just apply for a marriage based immigrant visa instead.
3. What happens if my K-3 is denied due to health reasons?
You may be able to obtain a waiver for certain health-related denials if you can show it causes extreme hardship. Discuss waiver options with an attorney.
4. If denied, can I reapply for a K-3 visa later?
You can reapply if the reasons for denial are resolved. For example, if your relationship was too new and you do not yet have sufficient evidence of the good faith marriage, you may reapply after being married longer. Again, the K-3 visa is usually not the best option.
5. If my K-3 is denied, what are my options to still obtain a green card?
You can go through consular processing using your spouse’s approved I-130 petition. An immigration attorney can help evaluate options.
Selecting the Best Immigration Attorney
Feldman Feldman & Associates PC is a top-notch immigration law firm in California. If you are in need of an immigration attorney, contact us by calling 619-299-9600 today.
