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The Following Steps are Essential for K3 Processing: - US citizen spouse files an I-130 to the Service Center for foreign spouse.
- US citizen spouse receives a notice of action from the Service Center for this petition.
- 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 a $455.00 fee to the Chicago P.O. Box USCIS address on the I-129F petition form.
- The Chicago office checks the petition, deposits the $455.00 fee, and sends the petition on to the Missouri Service Center.
- Missouri Service Center approves the petition and forwards it to the US consulate.
- 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.
- 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 USCIS to obtain work authorization.
- The I-130 petitioner informs the USCIS (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.
- After I-130 is approved, go through I-485 processing to obtain conditional permanent residency.
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