Reasons Why a K3 Visa May Be Denied in the Philippines

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    Restrictions

    • A K-3 visa is strictly intended to allow the foreign spouse of a U.S. citizen reside in the U.S. This is not an immigration visa, but is intended to serve as a bridge to allow the foreign spouse to remain in the country while his immigration case is processed. All K-3 applications must be submitted to U.S. Citizenship and Immigration Services through the U.S. consulate in the country where the marriage took place. In the Phillipe, the consulate is located in Manila.

    Criminal Grounds

    • Applicants must pass a criminal background check in order to be granted a K-3 visa. Past convictions for certain crimes may result in denial of the K-3 visa. Such crimes include any crime of moral turpitude (with certain exemptions), violations of any law related to controlled substances, or any violation in which the applicant is the spouse, son or daughter of someone who has received financial benefits from illicit activities within the past five years. Individuals convicted of any two crimes for which the aggregate prison sentence served exceeds five years will also be denied a K-3 visa. Any K-3 applicant who has been convicted of prostitution within the 10 years immediately prior to their application will also be denied. Additionally, any individual convicted of terrorist activities, advocating for the overthrow of the government, extra-judicial killings or who has overstayed a past U.S. visa may be denied a K-3 visa.

    Medical Grounds

    • A K-3 visa may be denied on medical grounds. Under the Immigration and Nationality Act, an applicant may be denied a visa if they have a communicable disease determined by the Department of Health and Human Services to be a disease of "public health significance." Any applicant who fails to provide proof of vaccination for mumps, measles, rubella, polio, tetanus, diphtheria, pertussis, influenza type B and hepatitis B may also be denied a visa. If a person has a physical or metal disorder determined to pose a threat to either the safety of the applicant or to others, he may also be denied a K-3 visa. Additionally, any person determined by the Department of Health and Human Services to be a drug addict or abuser will not be granted a K-3 visa.

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