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Is it possible to file K3 visa outside of US?

Atlanta, GA |

I am a British citizen currently living in the US on an H4 visa (with my family). This visa expires June 2010. I am getting married in Georgia to a US citizen in March 2010, and will be leaving the States in April to live with him in Germany (He is military). We have already ruled out changing my status (too expensive).

We will be stationed back in the US in 2012. Can we file for a K3 visa in Germany, so that it will be ready for when we move back? I am aware of all the forms we need to fill out, I just need clarification on the rules for filing it. I read that you have to file the visa in the country you were married. If we were to have a civil ceremony in Germany, could we file the application in Germany? Or would it have to be in the original place we got married?

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Attorney answers 1


There are two parts to the K-3 - the petition and the visa process. Once you are married to a US citizen and file an I-130 Petition, you can then file for the K-3 petition in the US. The K-3 petition is filed in the US always. The K-3 VISA is then processed in the foreign person's home country (and if couple married abroad, must be process in the country where the marriage took place (which may be different than the foreign national's home country). So, if married in Germany, the K-3 visa would be processed there.

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