K1 vs K3 Process

[Joe777]

K1 and K2 Visa Process Outline:

The K1 visa is not an end in itself. It is only a single step in a procedure for obtaining permanent residency (a green card) based on a marriage to a US Citizen after entry. The steps involved in immigrating to the US via a K1 visa can be generally described as follows:

1. The US Citizen files the I-129F petition for the foreign fiance(e) with the USCIS. The I-129f is filed at a USCIS Service Center in the US (where you file depends on where you live). The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months. Go here to see a list of current processing current times.
2. After the I-129F has been approved, the petition is sent to the Department of State's National Visa Center (NVC) where it is processed and forwarded to the correct embassy and consulate. The process of sending the approved I-129f from the Service Center (through the NVC) and arriving at the embassy takes about a month. The fiance(e) has 4 months from the time the I-129F was approved at the Service Center to obtain the K1 Visa at the US Consulate in the foreign country. This time period can be extended by a consular officer if required. The visa application process is generally similar in all countries, although each Consulate will vary a bit in their requirements. Every K1 applicant will have a unique story to tell about how they got their visa.
3. Once you have the K1 Visa it is good for only one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1, but a K2 Visa holder may not enter the U.S. prior to the K1.
4. Once in the United States, you have 90 days to get married (see "Special Note" at question 3.7)
5. Immediately after marriage, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. You may also apply for an Employment Authorization Document (EAD) to work (required until your I-485 is approved) and "advance parole" in case you want to travel outside the United States and re-enter before getting your green card (I-485 approval).
.....And then...

6. If your I-485 is approved prior to two years after you were married you will be issued a "Conditional" Permanent Resident status (green card) which is valid for only two years. If you are interviewed and approved greater than two years after you were married you will get a full normal Permanent Residency with no conditions valid for ten years. The time it takes to approve an I-485 depends on where you live and the nearest local USCIS office's processing timeline.
7. If you were given a "conditional permanent residency", after two years from the date you were granted this status, you will have to apply to have the "Conditional" status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.
8. Further on down the road, you can apply to become an American citizen (naturalization).

[Joe777]

Whereas the K1/K2 visa process is fairly straightforward, the K3/K4 is not as simple. It is important for the US Citizen to be informed and attentive to detail, because there are several opportunities to make mistakes and omissions which could result in unpleasant surprises. Immigrating to the United States via the K3/K4 is not such an automatic process as is experienced by the K1/K2.

Briefly, the K3/K4 process is as follows:

A. The US Citizen files an I-130 petition for the foreign spouse.
B. USCIS (INS) issues a receipt (I-797) acknowledging filing of the I-130 petition.
C. The US Citizen files an I-129F petition, using the I-797 receipt as "proof of filing an immigrant petition". All children of the foreign spouse will be listed on this petition. The I-129F is sent to the Service Center where the underlying I-130 petition is currently pending. At this point, the "track" of the K3/K4 process becomes similar to the current processing for K1/K2 fiance(e) visa.
D. When the petition is approved, it is sent to the NVC for processing and then the appropriate Consulate is notified and processing for the K3/K4 non-immigrant visa is begun, including medical, police check, I-134 affidavit of support, and Consular interview. The fee will be the same as the current K1 fiance(e) visa.
E. The K3 visa is issued to the spouse, the K4 to the minor children, they go to the United States.
F. The K3 spouse and K4 children file the I-485 for Adjustment of Status, either immediately or when the I-130 petition is approved. The new K visa will be issued for an effective period of 2 years, with multiple entries permitted, and provision to extend the visa beyond 2 years. The State Department has indicated that in K3/K4 cases, that the USCIS (INS) will retain the approved I-130 petition. This means if he K3/K4 visa holder wishes to obtain an immigrant visa at a Consulate, they need to notify that Consulate to begin the process, after which the Consulate will request the approved I-130 petition from the USCIS (INS). The USCIS (INS) seems to expect that most K3/K4 folks will apply for AOS from inside the United States, but due to long processing times at some local offices, it is very possible some folks will wish to opt for Consular processing after they arrive in the United States.
Note about the I-130 approval - In some cases the I-130 may be approved prior to the K-3 being processed. There are certain advantages if this happens such as receiving an Immigrant Visa instead of a K3. Please read the IR1/CR1 Guide if your I-130 is approved during the K3 Process to find out what you can do.


The K visa for spouses *may* provide a major benefit for older stepchildren. Until now, a US Citizen would file an I-130 for the foreign spouse, and separate I-130 petitions for each child or step-child. Stepchildren would only be eligible if the marriage took place before the stepchild's 18th birthday. The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.
Although the K3/K4 visa may allow the spouse and children into the US faster, they may now undergo the Adjustment process in the US, rather than entering the US with Permanent Resident status. This means filing for Adjustment of Status and work authorization, and paying the fees associated with these applications. It may mean problems with non-resident tuition fees at colleges, and other minor and major headaches experienced by current fiance(e) visa holders, including the sometimes nerve-racking experience of getting an older child adjusted to Permanent Resident status before turning 21.

The "basis" for Adjustment is the same as for current K1/K2 visa holders, who cannot change status to anything except Permanent Resident based on marriage to the original US petitioner. In other words, the spousal K visa holder will still need to be married to the US Citizen spouse (who filed the I-129F) at the time of the Adjustment interview.

The new K visa procedures allow the US Citizen and foreign spouse to bypass long I-130 petition approval times, and visa/affidavit of support processing steps at the National Visa Center, but will not decrease the time required to process and issue the new K3/K4 visa at the US Consulate.

[ScottinCrimea]

I did a CR-1 visa, which means I filed only the I-130 without the I-129.  Given the current times for processing, it makes no sense financially or timewise to file the I-129 if you are already married.