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Note: These are guidelines ONLY and they do not address any individual circumstances. Keep in mind that YOU are ultimately responsible for your own petition.
The filing of the I-130 and then the filing and approval of the I-129F is the first step before being able to apply for a K3 Visa at a US Consulate or Embassy abroad.
Quick Find
A person may receive a K-3 visa if :
The person has concluded a valid marriage with a citizen of the United States;
The person has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,
A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.
So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children.
See How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)
Please Note: In the above USCIS link, the old mailing address is listed. Please do not submit your I-129F Package to the Chicago address
The petition must be filed at the USCIS Service Center having jurisdiction over your state of residence. To find out which service center your petition should be mailed to:
see the 
Direct
Filing Addresses
If you are filing for your spouse and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.
(as per the I-129F Instructions):
You will need the latest version of the free Adobe Reader to use these
forms. You can download the Reader HERE. Or you can download a trial version of Adobe Acrobat 8 Professional HERE
FORMS
Download the I-129F Petition for Alien Fiance(e)
HERE
Download the G-325A HERE
ALWAYS check the
form download page at uscis.gov for current fee and SPECIAL INSTRUCTION information
Please also note that USCIS has revised many of the forms to coincide with the new Fee Schedule, with certain forms (including the the I-129F) stating prior editions not accepted.
The above forms are fillable. If you cannot fit something in via typing, you can write it in by hand neatly using a black pen. You can also attach a continuation sheet, indicate the item number, and date and sign each sheet. It is recommended to use blue pen for signing so as your signature is not mistaken erroneously as a copy. (There have been reports of Request for Further Evidence (RFE's) for signatures in this regard)
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- Effective July 30, 2007 there is no fee for I-129F petitions for K-3 status based on an I-130 immigrant petition filed by the same U.S. citizen husband or wife. Please see the
fee increases effective July 30, 2007
- Cover Letter. (Optional) Should include a description of what your are petitioning for (I-129F), a table of contents listing all that you have included in your package. Signed and dated.
- Form I-129F Petition for Alien Fiancé(e) (if your spouse has unmarried children who are under 21, they are eligible to accompany your spouse, but they should be listed on this form. Please list any children regardless of whether they will be applying for a visa or not)
- Evidence of your U.S. citizenship. Submit either - a copy of your U.S. birth certificate (front and back); a copy of your U.S. passport (all pages including front and back); a copy of your Certificate of Naturalization, or your Certificate of Citizenship (front and back). (Please see USCIS Form I-129F for information on the use of copies and what can be submitted if the above documents are not available.)
- G-325A completed and signed by the USC petitioner. (4 pages)
- G-325A completed and signed by the beneficiary. (4 pages)
- Passport-style color photograph of the USC petitioner AND one of the beneficary taken within 30 days of filing. See photo requirements HERE. Lightly print the name (and Alien Registration Number, if known) on the back of each photograph using a pencil or felt pen. Place photos in a small plastic bag or envelope and attach to a sheet of paper or directly to the I-129F.
- A copy of your marriage certificate obtained from the relevant government body when your marriage was registered.
- If either the US Citizen and/or foreign spouse is using a name other than that shown on the documents submitted, you must give USCIS copies of the legal documents that made the name change, such as a marriage certificate, adoption decree or court order.
- A copy of any final divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married. (These need to be the court certified documents)
- If either the US Citizen and/or foreign fiancé(e) is using a name other than that shown on the documents submitted, you must give USCIS copies of the legal documents that made the name change, such as a marriage certificate, adoption decree or court order.
- If you have circumstances that are unique, you can detail this in a separate attachment. Dated and signed.
- If applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA), as per Section C Question 2 of the I-129F. (See section 9 of the I-129F instructions for more information).
- If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in you case, together with any evidence in support of your request. (See section 9 of the I-129F instructions for more information. Also see the USCIS Interoffice Memorandum re the International Marriage Broker Regulation Act Implementation Guidance)
- *Optional* A copy of the foreign fiancé(e) birth certificate. Can be beneficial and is sometimes requested via an RFE when your case is being adjudicated.
Remember: All supporting documents must be in English or be translated.
Important Note for those who have a child/children that will immigrate with their parent
When an I-129F will also be filed for the spouse for the K-3 visa, there is no petition required to be filed for a child for the K-4 visa. The K-4 visa is a derivative of the K-3. See Children have Derivative Status.
However, many choose to file an I-130 for a child at the same time an I-130 is filed for the spouse, due to the fact that it will be required at the adjustment of status when entry is made on the K-4, and also means that if circumstances change and it is decided to go the Immigrant Visa route, that there is an approved petition for the child, as there is no derivative status for the Immigrant Visa. Please note, that ALL children MUST be listed on the I-129F.
Please note, that ALL children MUST be listed on the I-129F filed for the parent, regardless of whether or not they are accompanying/immigrating with the parent or at a later date.
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Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.
Per the USCIS, documents not in English must be translated. The policy states as follows:
"All documents that are in a language other than English must be submitted with a translation. The person translating the document must certify that the translation is complete and accurate and that he/she is competent to translate from the foreign language into English."
All translations must include a statement similar to the following:
Certification by Translator:
I (typed name) , certify that I am fluent (conversant) in the English and (type the foreign language) languages, and that the above/attached document is an accurate translation of the document attached entitled (name of document).
Signature ______________________ Typed Name _________________
Date ___________ Address _____________________
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USCIS no longer requires original copies of documentation submitted with your petition.
You MUST however submit an original I-129F and G-325A's as well as the originals of any certified translations. Any signatures must also be in the original, not a copy of. Retain all originals submitted as these will be required by your spouse at his/her interview if applying for the K-3 visa.
Note: An adjudicating officer may request the original of any document submitted if it is deemed necessary.
There is no fee for I-129F petitions for K-3 status based on an immigrant petition filed by the same U.S. citizen or wife. See
fee increases effective July 30, 2007
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- Do not use binders or folders that cannot be easily disassembled.
- Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated. See image of Acco
Faster
- The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
- Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
- Avoid submitting originals unless specifically required. Avoid submitting oversized documentation when possible.
General Tips on Assembling Applications for Mailing
Signature Requirements for USCIS Forms
Above all else, please read the I-129F instructions carefully as many of your questions are answered there.
IMPORTANT NOTE: Take your time when assembling your package. Ensure that all questions are answered, and forms signed. Ensure that you have all the documentation and evidence needed to submit with your petition. Care taken at this stage will assist greatly in avoiding an RFE (Request for Further Evidence) or ultimately a denial of your petition. See the new rule on RFE's, NOID's (Notice of Intention to Deny) and amendments to the Adjudicators Field Guide
'Removal of the Standardized Request for Evidence Processing Timeframe'
NOTE: Keep a copy of everything submitted to USCIS including copies of the completed I-129F and G-325A's. This will assist if anything is lost and/or to send to your foreign spouse prior to the consulate interview so he/she is familiar with all that has been submitted. Please also retain copies of the NOA1 & 2 and put the originals in a safe place. It is costly to obtain a duplicate of the NOA2 if it is lost or misplaced. Your foreign spouse will need the NOA2 when adjustment of status is applied for after entry to the US.
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Posted Dec 04, 2003 by murthy.com >>>>>
HERE
Interesting and helpful article on how to complete questions relating to your name on immigration forms.
How Do I...Know What Services Are Available After I File?
See Adam Walsh Child Protection Act of 2006 as it applies to petitioning HERE
Are you a member of the Military?
Members of the U.S. military and their families stationed around the world are now able to call U.S. Citizenship and Immigration Services (USCIS) for help with immigration services and benefits using a dedicated, toll-free telephone help line, 1-877-CIS-4MIL (1-877-247-4645)
• Tracking their application for naturalization (Form N-400);
• Notifying USCIS of a new mailing address or duty station;
• Checking the status of an application or petition;
• Bringing a spouse, fiancé(e) or adopted child to the United States;
• Obtaining posthumous citizenship for a deceased member of the Armed Services; and
• Submitting an application for expedited processing. Read more HERE
Important Note to those filing I-129F petition for the K-3:
In Oct, 2006 USCIS implemented a new process of retaining the approved I-130 at the National Records Center (NRC) if the I-129F has already been approved; assuming that the foreign beneficiary will apply to adjust status in the US from the K-3. At present it has not been ascertained as to the entire circumstances under which the I-130 shall be retained due to there not being enough experiences to fully understand this new process. Keep an eye on the respective forums for updates.
Read more here >>>>>
K-3 Visa Flowchart
Information on the Notices of Action (NOA) that you will receive during this process can be found at NOA1 & NOA2
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Disclaimer: Information published on familybasedimmigration.com is not intended to be used in a legal capacity. Familybasedimmigration.com takes no responsibility for any information used by members or guests in the process of their case. Information contained on familybasedimmigration.com is based on members' personal experience, opinion and is offered solely in a suggestive manner. Information from official government agents or websites, including those from the USCIS, DOS, SSA etc should be verified from another source. Government employees are not held responsible for giving incorrect information. Government websites are not always up to the minute. Forms become outdated quickly. Each individual immigration case is unique; and while legal advice is not always required to complete a case, in your case it may be necessary. Conduct research, evaluate your comfort level, and consider a consultation with an immigration attorney for a professional evaluation of your case - A good investment in your future.
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