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K-3 Processing--Essential
Steps
The following is the procedure for processing a
K-3 petition:
1. US citizen spouse files an I-130 to the Service Center for foreign spouse.
2. US citizen spouse receives a notice of action from the Service Center for
this petition.
3. US citizen spouse then sends a copy of the notice of action (or proof of
filing the I-130) with a completed I-129F form, other required documents, and
$110.00 fee to the Chicago P.O. box INS address on the I-129F petition form.
4. The Chicago office checks the petition, deposits the $110.00 fee, and sends the
petition on to the Missouri Service Center.
5. Missouri Service Center approves the petition and forwards it to the US
consulate.
6. On the consulate side of things, the foreign
spouse completes a process very similar to the K-1 process: receives a packet of
forms/documents, gets a medical exam and police certificate, attends an
interview, and gets the K3 visa.
7. The foreign spouse enters the US as a K3 to await the final processing of the
I-130 petition. The foreign spouse is allowed to work but must have a work
authorization card in order to do so. A separate request is filed with the
INS to obtain work authorization.
8. The I-130 petitioner informs the INS (the regional center where the I-130 was
filed) that the I-130 beneficiary is already in the U.S. and will not be
applying for permanent residency at the Consulate abroad as originally indicated
on the I-130.
9. After I-130 is approved, go through I-485 processing to obtain conditional
permanent residency.
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The following is a checklist of documents/forms
required for filing the I-129F, in order to obtain the K3 visa:
1. Completed Form I-129F.
2. Biographic information G325A for petitioner (US Citizen).
3. Biographic information G325A for beneficiary (Spouse).
4. INS residency-type photo - one each for petitioner & spouse.
5. Copy of marriage certificate.
6. Proof of Petitioner's US Citizenship, such as birth certificate, copy of US
passport, or naturalization certificate.
7. Proof of filing I-130 petition.
8. Filing fee of $110.00 payable to INS.
Of course, other documents regarding name change, previous marriage, etc., may
be required based on the facts of each case.
Legal
Information
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