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U.S. K3 Spouse Visa Application Process

Approval of K-3 visa application is far more likely when you enlist experienced legal assistance from a multi-national legal firm. Currently, we achieve 100% success rate!

1

Step 1

Fill out I-130 and G-325A on your computer and print. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at USCIS website.

Assembling the I-130 Package: Checklist
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated)

  1. Form I-130: Petition for Alien Relative
  2. Copy of the full Birth certificate (front and back) for the U.S. citizen or a copy of ALL pages of the U.S. .citizen’s passport. This is used to establish citizenship.
  3. A copy of petitioner’s proof of naturalization. (If applicable)
  4. A copy of petitioner’s proof of permanent residency. (If applicable)
  5. A copy of your marriage certificate (If not in English then get a translation)
  6. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner’s and/or intending immigrant’s divorce documents).
  7. A copy of a prior spouse’s death certificate. (If one or both of you were married before, and the prior spouse died)
  8. G-325A (all four pages) filled out by the U.S. citizen, signed and dated.
  9. One passport-type photo of the petitioner. Write the full name on the back. Place in a plastic bag and label the bag “Photo of “. Attach the bag to a sheet of paper and place behind the corresponding G-325a.
  10. G-325A (all four pages) filled out by the non-U.S. citizen spouse signed and dated.
  11. One passport-type photo of the spouse. Write the full name of the beneficiary on the back.

2

Step 2

A few weeks after you have sent your petition to the USCIA, they will send you a Notice of Action letter indicating that they have begun processing your I-130 application. You can check the status of your application as well as other processing time information at USCIS website.

3

Step 3

A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad. The packet will likely contain an Of-169 form, and an Of-230 part one and two forms that must be filled out by the intending immigrant. An I-864 form is also included that must be filled out by the petitioner (living in the U.S.). The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S. tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available (see the I-864 for exact requirements based on your case). The petitioner must make at least 125% above the U.S. federal poverty to indicate to the U.S. Government that the intending immigrant will not become a federal charge to the Government when he/she arrives in the USA. If the petitioner cannot meet these requirements, then he/she must still file an I-864, and find a joint sponsor who can meet the requirements on his/her own. When a joint sponsor is needed ,proof of their U.S. Citizenship or Permanent Residency is required. (i.e. copy of birth certificate, immigration status etc). The joint sponsor must be residing in the U.S., and he/she must also submit his/her past 3 years U.S. Tax Returns along with bank or any other financial records available. The joint sponsor must submit his/her own I-864 form to accompany the petitioner’s I-864 form.

Before an interview date with a consulate abroad can be scheduled are as follows:

Pre-Interview Forms / Items:

  1. Completed and signed OF-169
  2. Completed and signed Of-230 Part 1 and 2 forms
  3. I-864 Affidavit of Support Form along with past 3 year U.S Tax Returns (or transcripts) and any other financial documents required
  4. A copy of intending immigrant biographic page of passport(s) including expiration date
  5. Original or certified birth certificate
  6. Original adoption decree (if applicable)
  7. Marriage certificate (if applicable)
  8. Divorce decree or death certificate (if applicable)
  9. Police certificate
  10. Court and prison records (if applicable)
  11. Custody records (if applicable)

After the NVC or consulate abroad receives the above forms and supporting documents. The NVC or the consulate abroad will send your relative a letter indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview. Make two copies of each original document or piece of evidence below and bring them with you. Documents needed are:

Interview Forms / Items:

  1. Valid Passport
  2. Original or certified birth certificate
  3. Original adoption decree (if applicable)
  4. Original or certified copy of the marriage certificate (if applicable)
  5. Original divorce decree (if applicable)
  6. Police certificate
  7. Court record (if applicable)
  8. I-864 Affidavit of support form along with past 3 year U.S. Tax Returns (or transcripts) and any other financial documents required
  9. Court and prison records (if applicable)
  10. Medical examination information
  11. Two passport-type photos of the spouse

4

Step 4

After NVC receives case from USCIS. And NVC generates and sends a copy of DS-3032 to the petitioner and the alien at the same time.

The petitioner side

  1. The petitioner sends back the AOS bill payment
  2. AOS bill entered into NVC system
  3. I-864 package generated
  4. Petitioner receives I-864 package
  5. Petitioner completes and sends the I-864 package
  6. I-864 package entered into NVC system
  7. If more info/evidence is required, then NVC will generate and send a checklist
  8. Case completed
  9. Case forward to Embassy

The alien side

  1. The alien completes and sends the DS-230
  2. DS-230 entered into NVC system
  3. Immigrant visa bill generated
  4. Agent receives the IV bill
  5. Agent sends back the IV bill payment
  6. IV bill entered into NVC system
  7. DS-230 package generated
  8. Agent receives DS-230 package
  9. Agent sends complete DS-230 plus documentation require by NVC
  10. DS-230 package entered into NVC system
  11. If more/evidence, then NVC will generate and send a checklist
  12. Case completed
  13. Case forward to Embassy

Once your spouse has been granted a K3 visa, they will be able to come live with you in the United States. Because the K3 is a “multiple entry” visa, they can travel using their K3 visa, and they can obtain permission to work with their K3 visa. However, if possible, once they arrive you should ordinarily pursue an adjustment of status application based on their pending immigration petition as soon as possible in order to help ensuring that they become a legal permanent resident (or at least have an application to become a legal permanent resident pending) before their K3 visa expires. It is also possible (and probably best) to secure permission for them to work and travel related to their adjustment of status application, rather than simply relying on their K3 visa. Similar considerations applied for your spouse’s/your minor children if they come to the USA. on a K4 visa.