The United States (US) K3 non-immigrant visa, otherwise known as the US Marriage or Spousal Visa, is required by the foreign national husband or wife ...
The US citizen must first file petitions with the United States Citizenship and Immigration Services (USCIS) to initiate the overseas processing of a K3 non-immigrant visa. After the approval of the petitions, the foreign spouse shall apply for a K3 non-immigrant visa in the US Embassy or Consulate of the country of nationality or legal residence.
The K3 visa is difficult to obtain and has a higher rate of denial because of the numerous marriage shams or green card marriages the USCIS, or US Embassy or Consulate have to deal with. However, if the foreign national spouse and the US citizen are in fact sincere and genuine about their marriage and relationship, and get denied, it is possible to appeal such denial of the K3 visa application.
A K3 visa application is usually denied due to:
The appeal for a denied K3 visa application is time constrained and must be appealed in the soonest possible time. The denial letter contains the steps on how to appeal depending on the reason why the K-3 visa application was denied in the first place. And unless otherwise provided in the denial letter, a Notice of Appeal must be completed. Petitioners or applicants who have been denied a K3 visa application may appeal or reapply the application by adding the required documents or further proof, correct errors in the application, fill out a waiver to circumvent any ineligibility, changing the economic situation for the Affidavit of Support, and the like.
However, not all K3 visa applications are subject to an appeal. All cases are unique and will be addressed differently depending on the given circumstances.
