The US citizen must have filed a Form I-130 for the spouse from a foreign country, The US citizen spouse must file Form I-130 and then Form I-129F and have them approved by USCIS, The spouse from a foreign country must apply for a K3 visa at a US Embassy in the country of residence, Your valid passport for more than 6 months after your planned entry into the US, Medical examination and vaccination documents, Birth certificate and marriage certificate, Court and criminal records and/or police certificate. Having an Adam Walsh Act related criminal record almost always will result in petition denial, whether for a fiancée, fiancé or spouse. If the US Citizen’s criminal record includes anything related to past immigration fraud, it is quite possible the Petition for Alien Relative could be denied on the basis, USCIS suspects the current relationship is fraudulent. Comprehensive Immigration Reform Explained Without Political Agenda. When the form is filed, the US citizen spouse will get Form I-797, Notice of Action from USCIS, which they can use as proof that the Form I-130 is in processing. Should I draft a written statement? Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F. If your K3 visa is approved, the officials at the US Embassy where you applied will give you a packet from the NVC. The submission of a Police Clearance Certificate is required when applying for an immigrant visa and certain nonimmigrant visas for the US. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee. These application forms can be obtained from the Passport Office at a cost of Rs.5/- or can be downloaded from their website. Denials Which one fits your family better depends on the requirements and whether you can fulfill them. The most common type of excludable crime is one of "moral turpitude." The couple must present valid documents that the marriage is legal. Listed below are the documents required to be submitted along with the application form for obtaining a Police Clearance Certificate: c.If the applicant has not stayed at the present address for the last one year, a set of 3 completed Personal Particulars Form. Learn more. Immediate Relative (IR-1) Visa – after you have been married for 2 years, you will gain permanent status without the conditions of the CR-1 visa. Indian citizens and nationals, and non-Indians living legally in India, who are seeking legal permanent resident status in the US, must obtain an immigrant visa at the US consulate or US embassy nearest to where they live in India. width: 100%; For the Spouse Visa Process or Adjustment of Status, the US Citizen answers criminal record related questions, but that doesn’t mean their criminal record will have no impact on the process of their spouse’s immigration to the USA. The NVC or the Consulate will schedule your interview at the US Consulate in India, and as soon as the interview is scheduled you receive an appointment letter along with final instructions and a list of the documents to be submitted, which include your birth certificate, marriage record, evidence of financial support, visa photographs, and Police Clearance Certificate. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? It is also noted on the petition that, “These questions must be answered even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record. USCIS K1 Adjustment Of Status After Divorce: Do You Qualify? The children will get a K-4 visa, but if the K3 visa holder gets their CR-1 visa, the child will also have to switch to the appropriate derivative visa. The application process for the K3 visa has these two steps: To fulfill the requirements for the K3 visa, the US citizen must first have filed the Form I-130 to USCIS for their spouse. The applicant is required to pay a fee of Rs.300/- along with the application form. .mo-footer-subscription span.wpcf7-not-valid-tip { The NVC will issue a case number and invoice ID number for the applicant and will send a package to the K3 applicant. U.S. citizen's ownership of properties in the US that he/she does not want to sell or cannot sell for specific reasons. We cannot advise whether a traveler’s specific situation will have a bearing on their eligibility to travel visa free under the Visa Waiver Program. Fact Sheet on Female Genital Mutilation or Cutting, U.S. The children which qualify must be unmarried and under 21 years old. You should attach these documents to your supporting file which you will then send to the NVC. In a fiancé visa or fiancée visa case, the US Citizen is required to answer three specific questions about whether they have convictions dealt with in IMBRA, (International Marriage Broker Regulation Act). U.S. citizen children who cannot leave the US due to previous spouse not granting immigration consent. After the spouse from a foreign country gets an the K3 visa, they can bring their children to the US with them. If you have answered yes to any of the eligibility questions and your registration has been denied, you are required to apply for a visa. (but you cannot file for a waiver until you have been denied the visa) If you are reasonably sure that you will require a waiver, your US citizen fiance/spouse can go ahead and download the I-601 waiver form and compose a letter indicating why you should be granted the visa. How does an alien fiance or spouse's criminal record affect immigration to the United States? Anyone who wants to immigrate to the US must get the necessary medical check-ups and vaccines. After filing the Form I-130 petition, the US citizen spouse must then file Form I-129F, Petition for Alien Fiancé(e). NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney. All Rights Reserved. One of the items they discovered they need is a Police Clearance Certificate (PCC). U.S.-UK Extradition Treaty & Relationship, Official Reports of the United States Government, Embassy Grants Programs and Notice of Funding Opportunities, U.S. Consulate General Hamilton (Island of Bermuda), Ambassador Johnson’s remarks at the Launch of the Mayflower Autonomous Vehicle, Britain and America must work together in the pursuit of liberty, A Trade Deal Between the U.S. and UK will Jumpstart Growth, Information for U.S. Citizens in the UK (Coronavirus – COVID-19), Demonstration Alert – U. S. Embassy United Kingdom – August 28, 2020, U.S. advances freedoms, sovereignty in the Indo-Pacific, Sanctions on Iran’s Financial Institutions, Statement by the President Regarding New Restrictions on Iran’s Nuclear, Ballistic Missile, and Conventional Weapons Pursuits, Secretary Michael R. Pompeo and UK Foreign Secretary Dominic Raab at a Press Availability, Secretary Pompeo on the Nineteenth Anniversary of the September 11, 2001 Terrorist Attacks, Secretary Pompeo’s Meeting with UK Foreign Secretary Raab, Remarks by President Trump Announcing the Normalization of Relations Between Israel and the United Arab Emirates, U.S. Visa and Travel FAQs for non-U.S. citizens following the Coronavirus (COVID-19) pandemic, Columbus Day Commemorates Explorer’s Arrival in New World, Joint Statement of Chief Science Advisors of the Republic of Ireland, the United Kingdom and the United States of America. Citizenship and Immigration Services (USCIS) A licensed doctor must complete the documents and the check-ups. The visas below are the US spouse visas: K3 Visa – Spouse of a US Citizen awaiting approval of an I-130 immigrant petition; Conditional Resident (CR-1) Visa – means that you have just been married and for 2 years you will maintain conditional status. Whether you’re applying for a marriage green card from inside the United States or from abroad, a large portion of the application will be dedicated to questions about your criminal history.. Any Indian citizen age 16 or older and currently residing in India, whose passport was issued MORE THAN six months prior to their immigrant visa interview date, should obtain a Police Clearance Certificate from both the nearest Indian Passport Office and the District Police in the area in which they reside. If you want VisaPro’s expert guidance and accurate preparation of your case. position: relative; If you want to bring a fiancé(e) into the U.S. on a K-1 visa to get married and to apply for a green card, and your fiance has a criminal record, that fact is likely to trigger inadmissibility. To change your status from your immigrant visa to an LPR, you must first have an approved petition from USCIS and the visa, as well as live in the US. If your visa is denied, you may be eligible to file for a waiver. } Please refer the following table to find out where to obtain the Police Clearance Certificate: Country of previous residence, if available. “Police Clearance Certificate” is a certification issued by the concerned police authorities covering the whole period of the applicant’s residence in that locality. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. In that situation, you can obtain Police Clearance Certificate from your nearest Indian consulate. var dsq = document.createElement('script'); dsq.type = 'text/javascript'; dsq.async = true; The US citizen has to show to the satisfaction of the consulate that there is hardship to the US citizen because of your denial and why he/she cannot live in the foreign country instead of the US. A criminal record's impact on immigration, in general, depends on several things: Here are some links that are most definitely recommended reading: Filing a Waiver The K3 visa fees that your US citizen spouse and you will incur are as follows: K3 visa processing time varies from case to case and it takes 5-8 months to process. All Police Clearance Certificates are valid for one year from the date of its issue and it must be valid on the day your visa is issued. The next step after you have gotten your K3 visa is to become a Lawful Permanent Resident (LPR) of the US by getting a Marriage Green Card. For travel to the United States on a temporary basis, including tourism, temporary employment, study and exchange.

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