Help Desk:
As a U.S. citizen, I need to bring my wife to U.S. We have married 6
months in her country. I will file Form I-130 soon for her immigration
visa number. Do I need to file Form I-129F after the Form I-130 approval?
Answer:
The
purpose of the K-3 visa category was to provide a faster avenue for the
immigration of spouses of U.S. citizens, if the foreign national resided
abroad. The K-3 visa application requires Form I-130 filing. The K-3
nonimmigrant petition for the spouse of a U.S. citizen must be preceded by the
filing of the I-130 immediate relative petition. There is no need to wait for
a decision on the I-130, it must simply be filed. The K-3 case is filed using
Form I-129F, as is the K-1 for fiancé/fiancée.
Prior
to the creation of the K-3 category, the only option was the I-130 petition
for immediate relative. The processing times for I-130s, combined with the
waiting times for interviews at the consulates, often left couples separated
for more than a year. The K-3 processing was supposed to be much faster than
the I-130, and, thus, was an attractive option for many couples in this
situation.
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