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10 Day Jumping Jack Challenge

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Sex Husband With Wife

  • Overview - What is a K-3 Visa?

  • What is a "Spouse"?

  • The International Marriage Broker Regulation Act of 2005 (IMBRA)

  • The First Step: Filing the Petitions

  • The Second Step: Applying for a Visa

  • Required Documentation

  • Review Additional U.S. Embassy/Consulate-Specific Instructions

  • Medical Examination and Vaccination Requirements

  • Proof of Financial Support and Affidavit of Support forms

  • Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

  • Fees - How Much Does a K Visa Cost?

  • Rights and Protections - Pamphlet

  • My Petition Expired - Can It Be Extended?

  • Ineligibilities for Visas - What if I am ineligible for a K visa?

  • How Long Will it Take to Get My K Visa?

  • After You Receive a K-3 Visa

  • Does My U.S. Citizen Spouse Need to File Separate Petitions for My Children?

  • Are My Children Required to Travel with Me?

  • Entering the United States - Port of Entry

  • Adjustment of Status, Working in the United States, and Traveling Outside of the United States

  • How to Apply for a Social Security Number Card

  • Further Questions

sex husband with wife


The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.

A spouse is a legally wedded husband or wife. Same-sex spouses of U.S. citizens and Lawful Permanent Residents, along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.

  • You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.

  • You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.

  • After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you. The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-3 visa applicants will be provided with any existing criminal background information on their U.S. citizen spouses that USCIS received from other government agencies during processing of their Form I-129F petitions.

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-4 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-3 visa. If they want to travel later than one year from the date your K-3 visa was issued, they will not be eligible to receive K-4 visas, and separate immigrant visa petitions will be required. If your child has a valid K-4 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-4 visa.

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

Now concerning the things of which you wrote to me: It is good for a man not to touch a woman. Nevertheless, because of sexual immorality, let each man have his own wife, and let each woman have her own husband.

Let the husband render to his wife the affection due her, and likewise also the wife to her husband. The wife does not have authority over her own body, but the husband does. And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except with consent for a time, that you may give yourselves to fasting and prayer; and come together again so that Satan does not tempt you because of your lack of self-control. But I say this as a concession, not as a commandment.

For I wish that all men were even as I myself. But each one has his own gift from God, one in this manner and another in that. But I say to the unmarried and to the widows: It is good for them if they remain even as I am; but if they cannot exercise self-control, let them marry. For it is better to marry than to burn with passion.

Now to the married I command, yet not I but the Lord: A wife is not to depart from her husband. But even if she does depart, let her remain unmarried or be reconciled to her husband. And a husband is not to divorce his wife.

But to the rest I, not the Lord, say: If any brother has a wife who does not believe, and she is willing to live with him, let him not divorce her. And a woman who has a husband who does not believe, if he is willing to live with her, let her not divorce him. For the unbelieving husband is sanctified by the wife, and the unbelieving wife is sanctified by the husband; otherwise your children would be unclean, but now they are holy. But if the unbeliever departs, let him depart; a brother or a sister is not under bondage in such cases. But God has called us to peace. For how do you know, O wife, whether you will save your husband? Or how do you know, O husband, whether you will save your wife?

A wife is bound by law as long as her husband lives; but if her husband dies, she is at liberty to be married to whom she wishes, only in the Lord. But she is happier if she remains as she is, according to my judgment; and I think I also have the Spirit of God.

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For purposes of FMLA leave, spouse means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a common law or same-sex marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States, if the marriage could have been entered into in at least one state.

The limitation on the amount of leave for spouses working for the same employer does not apply to FMLA leave taken for some qualifying reasons. Eligible spouses who work for the same employer are each entitled to up to 12 workweeks of FMLA leave in a 12-month period, without regard to the amount of leave their spouses use, for the following FMLA-qualifying leave reasons:

Mary and Juan are married, FMLA-eligible employees, who work for the same employer. After Mary gives birth to their daughter, she uses six workweeks of FMLA for her own serious health condition and two workweeks of FMLA leave for bonding with her newborn baby, Anna. In the same 12-month period, Juan also wishes to use leave to bond with his infant daughter.

Birth and bonding with a child is a combined leave category for spouses who work for the same employer. Juan and Mary are limited to a combined total of 12 workweeks in a 12-month period for the birth of their daughter and for bonding with their child, and Mary has used two of the 12 workweeks of leave available to the couple for this leave reason.

If Juan uses ten workweeks of FMLA leave available to bond with Anna, he may use up to two workweeks of leave for non-combined FMLA-qualifying leave reasons, such as caring for Mary if she has a serious health condition.

Leave to care for a parent with a serious health condition is one of the combined leave categories for spouses who work for the same employer. Morgan and Taylor are limited to a combined total of 12 workweeks in a 12-month period for the purpose of caring for a parent. Taylor has already used 11 workweeks of FMLA leave to care for her father, leaving a balance of one workweek for Morgan to use to care for her mother.


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