I-130 PETITION
· 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 the marriage certificate of the petitioner and the immigrant spouse.
· A copy of the petitioner birth certificate, passport (you have to prove you are a US Citizen).
· A copy of the petitioner's divorce decree, if he or she was previously married.
· A photo of the petitioner with the name printed on the back of the photo.
· A copy of the spouse's birth certificate.
· A photo of the immigrant spouse with her or his name printed on the back of the photo.
· A copy of the divorce decree of the immigrant spouse, if applicable.
· A check or money order for the required fee
· If you want to submit the I-130 petition for your stepchild you need to submit all documents as well.
I-129 F PETITION
· 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 the marriage certificate of the petitioner.
· A copy of the petitioner's birth certificate, passport (you have to prove you are a US Citizen).
· A photo of the petitioner's with the full name printed with a pencil, on the back of the photo.
· A photo of the immigrant spouse with the full name printed with a pencil on the back of the photo.
· A copy of the petitioner's divorce decree, if you were previously married
· A copy of the spouse's divorce decree, if applicable
· A copy of the spouse's birth certificate
· A copy of the children's birth certificate
· A photo of their children's with their full name printed with pencil or black mark, on the back of the photo
· A check or money order for the required fee
· The A copy of I-797 "Notice of Action" from the USCIS
The USCIS rules notes that the U.S. citizen who files an I-129F petition for an alien spouse does not have to submit a separate I-129F petition for a child of that spouse. These children are to be listed on the I-129F petition for the spouse. While the U.S. citizen must also file out an I-130 petition for the alien spouse, there is no requirement "to fill a Form I-130 immigrant visa petition on behalf of the alien's children seeking K4 nonimmigrant status, since K4 is merely a derivative nonimmigrant classification, according to the USCIS rule. K4s are dependent on K3s for their status. However, as the USCIS rule explains, the K4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent / stepparent files an I-130 on behalf of the child. I called USCIS today twice and each person gave me a different answer , one said that you MUST submit an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process, another one said there is no requirement "to file a Form I-130 immigrant visa petition on behalf of the alien's children. In my opinion 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
You also need to begin preparing an I-134 Affidavit of Support. The I-134 Affidavit of Support will be filled out by the US Citizen and sent to the spouse for the K3 interview. It is not required to be sent to the Service Center with the I-129F. Some Consulates require extra information to be included with the Affidavit, some consulates require I-864 affidavit of support not I-134 some may not even require the Affidavit itself, but still require the supporting documentation, so you need to hang onto it until you have learned whether or not there are additional requirements. These will be listed on the OF-167 "financial support" document the spouse receives from the Consulate.
The documentation 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.
The K3 visa allows one to enter the US in nonimmigrant status to eventually adjust status to lawful permanent residency while in the United States. USCIS will grant the applicant with a two-year admission period when the K3 visa holder enters the United States. Foreign national spouses present in the United States can travel outside of the United States and return using their K3 visa. While in K3 status, if one has filed for adjustment of status in the US prior to departure from the US, USCIS will not presume that the departure constitutes abandonment of an adjustment application
The alien spouse must apply to the USCIS for permanent residency (Green Card). For marriages less than two years old, the applicant is initially granted conditional resident status. After two years, the applicant may apply to the USCIS for removal of the conditional status. K3 visa applicants DO NOT need to submit the Form I-864 Affidavit of Support, until they adjust status to lawful permanent residency in the United States in the U.S. However, the Affidavit of Support for non immigrant visas, may be deemed appropriate by the consular officer.. The K3/K4 is a multiple entry visa that allows you to reenter the United States without Advance Parole. K3 visa applicants are subject to the 3 year bar if they accrued more than 180 days of unlawful presence in the US. If they accrued one or more years of unlawful presence they are subject to a 10 year bar. However, they may apply for a waiver to overcome the 3 or 10 year bar.
Your spouse will be able to work after getting a social security card and an EAD (Employment Authorization Document). Advance parole is not necessary for
travel outside the U.S. for K3 and K4 visa recipients. They are in valid status for 2 years and the visa is a multiple re-entry visa. K3 and K4 visa holders may extend their status by showing strong intent to eventually adjust status. Your spouse will be able to work after getting a social security card and an EAD (Employment Authorization Document). Advance parole is not necessary for travel outside the U.S. for K3 and K4 visa recipients. They are in valid status for 2 years and the visa is a multiple re-entry visa. K3 and K4 visa holders may extend their status by showing strong intent to eventually adjust status.
1. US citizen spouse files an I-130 to the Service Center for foreign spouse.
2. US citizen spouse receives a notice of action from the Service Center for this petition.
3-US citizen spouse then sends a copy of the notice of action (or proof of filing the I-130) with a completed I-129F form, other required documents, and $… fee to the Chicago P. O. box INS address on the I-129F petition form.
4. The Chicago office checks the petition, deposits the $….fee, and sends the petition on to the Missouri Service Center.
5. Missouri Service Center approves the petition and forwards it to the US consulate.
6. On the consulate side of things, the foreign spouse completes a process very similar to the K-1 process: receives a packet of forms/documents, gets a medical exam and police certificate, attends an interview, and gets the K3 visa.
7. The foreign spouse enters the US as a K3 to await the final processing of the I-130 petition. The foreign spouse is allowed to work but must have a work authorization card in order to do so. A separate request is filed with the USCIS to obtain work authorization
Based on Visa Journey and USCIS information
