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The K-3 Process 

 

Filing - Two Petitions are Required

You must first file an immigrant Petition for Alien Relative for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

You next file Petition for Alien Fiancé(e) for your spouse and children. Send the I-129F petition with supporting documents  notice to this Department of Homeland Security USCIS Address on their web site.

 

National Visa Center (NVC) Sends Petition To Post

After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality.

 

If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC sends the petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the United States does not have an embassy, the petition would be sent to Turkey.

 

A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant

The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa.

 

 

 

   
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Disclaimer: This is an advertisement, no attorney/client relationship is established by viewing the contents of this site. As immigration law is constantly changing, information is provided as-is and does not constitute legal advice. Visitors are urged to contact experienced immigration counsel for their immigration matters