Question:
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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