The I-130 Petition (for K3/K4)
CALL US TOLL FREE FOR FURTHER INFORMATION OR
QUESTIONS AT 1-877-226-6751
Section 10.0...The I-130 Petition (for K3/K4)
10.1)...I am a Permanent Resident, not a US Citizen. Can I still use the K3/K4 process?
A..Unfortunately, no. However, provisions have been made for you if you and your family have been waiting for an immigrant visa to become available for over 3 years. You would use the "V" visa process, and you can find out about this from the BCIS (INS) website.
back
10.2)...How do I prepare the I-130 package to start the process for a K3?
A..The first thing you should do is make sure that the Consulate you will be using is ready to begin processing of the K3/K4 visa. You can find this out by reading the Consulate web site or by contacting them directly.
Your package must contain the I-130 and the appropriate documentation listed in the I-130 instructions. For question 21, write down that your spouse will apply for a K3 visa and apply for Adjustment of Status in the United States.
The documention required for the I-130 is nearly the same for the I-129F petition, so you might as well prepare both packages at one time, rather than experience surprise and aggravation several weeks later, when you realize you need MORE copies of the exact same stuff. Here is what you will need:
- I-130 Petition for Immediate Relative
- G-325A Biographic Information -- 2 required. One is filled out and signed by you, the other is filled out and signed by the spouse.
- A copy of your birth certificate, passport, or Certificate of Naturalization (you have to prove you are a US Citizen).
- A photo of yourself, described in the instructions for the I-129F (or the M-378 Color Photo Spec), with your name printed on the back of the photo.
- A photo of your spouse, described in the instructions for the I-129F (or the M-378 Color Photo Spec), with the spouse's name printed on the back of the photo.
- A copy of the divorce decree, if you were previously married.
- A copy of the death certificate if your marriage ended due to the death of your spouse.
- A copy of the divorce decree, if your spouse was previously married.
- A copy of the death certificate if your spouse's marriage ended due to the death of their spouse.
- A check or money order for the required fee.
It would be advisable to include a cover letter explaining that the I-130 petition is being submitted with the intention of applying for a K3 visa.
back
10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?
A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.
Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.
back
10.4)...Where do I send the I-130 petition when used as part of the K3/K4 process?
A..The completed I-130 package is sent to the BCIS (INS) Service Center in which district the U.S. Citizen resides. Go to the Post Office in person and send it "return receipt".
back
10.5)...What notification will I receive from BCIS (INS) that my I-130 petition has been filed?
A..The Citizen will receive an I-797 "Notice of Action" from the BCIS (INS). This can be up to a couple weeks after you mail it. The notice will say how long it usually takes to process the applications and give you a "receipt number" by which you can obtain "case status information" direct from the "automated system". The telephone number will be provided on the form.
back
Updated February 22
Quick Links to each chapter:
Appendix...(Definitions of terms, form numbers, abbreviations)
Additional assistance is available at www.visaking.com or www.olvis.com.
|
at our Toll Free Numbers