K-3 Visa, Form I-130, Form I-129F Applications for a U.S. Citizen Spouse

Question:

As a U.S. citizen, I need to bring my wife from a foreign country to United States. We have married 6 months in her country. I will file Form I-130 soon for her immigration visa number application. Do I need to file Form I-129F for her K-3 visa after the Form I-130 approval?

Answer:

The purpose of the K-3 visa category was used 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 both Form I-130 and Form I-129F 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 to file Form I-129F, 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 with Form I-129F was supposed to be much faster than the I-130 approval, and thus, was an attractive option for many couples in this situation, and the U.S. citizen's spouse can wait for the Form I-130 result inside the United States.