Hi srob,
If you are already married, you will be filing the Petition for Alien
Relative (K-3), not the Petition for Alien Fiance(e) (K-1). The K-1
is preferred to the K-3 because you would probably be together in the
U.S. sooner, but as I said, if you are already married then the K-1 is
no longer an option.
>>> Assuming you are married, here are the steps you need to take for
the K-3. Under no circumstances should your wife enter the United
States until she has her K-3 visa in hand. If the border authorities
found that she has a petition pending, they would most certainly view
her short visit as an "intent to immigrate", something to avoid.
Nonimmigrant Visa for a Spouse (K-3)
http://travel.state.gov/visa/immigrants/types/types_1315.html#3a
1) FILE A PETITION FOR ALIEN RELATIVE
* [You] File I-130 with your local BCIS office.
* [You] File I-129F AFTER you receive the Form I-797 receipt notice.
* [Your wife] Apply for the K-3 visa at the U.S. Embassy in China.
* [Your wife] Enter the U.S. with the K-3
"You must first file an immigrant Petition for Alien Relative, form
I-130 for your spouse with the BCIS Office that serves the area where
you live. The BCIS will send you a Notice of Action (Form I-797)
receipt notice. This notice tells you that the BCIS has received the
petition.
You next file Petition for Alien Fiancé(e), form I-129F for your
spouse... Send the I-129F petition, supporting documents
and a copy of the Form I-797 receipt notice to this Department of
Homeland Security BCIS Address on their web site. "
National Visa Center (NVC) Sends Petition To Post
"After the BCIS approves the I-129F, it sends it to the National Visa
Center (NVC). The NVC sends the petition electronically to the embassy
or consulate in the country where the marriage took place."
http://travel.state.gov/visa/immigrants_types_marriage2.html#3c
FORM I-130, Petition for Alien Relative
http://uscis.gov/graphics/formsfee/forms/I-130.htm
FORM I-129F, Petition for Alien Fiance(e)
http://uscis.gov/graphics/formsfee/forms/i-129f.htm
2) APPLY FOR VISA
A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant
"The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3
applicant) must have an immigrant visa petition on his/her behalf by
the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen
(the K-3 applicant) must meet some of the requirements of an immigrant
visa."
Applying for a Visa
"The embassy or consulate where you, the spouse of an American
citizen, will apply for a K-3 visa must be in the country where your
marriage took place. Here are the procedures to apply. The embassy or
consulate will let you know any additional things to do, such as where
you need to go for the required medical examination. The following is
required:
* Two copies of form DS-156, Nonimmigrant Visa Application
* One DS-156K, Nonimmigrant Fiancé(e) Visa Application form
* Police certificates from all places lived in since the age of 16
* Birth certificates
* Marriage certificate for spouse
* Death and divorce certificates from any previous spouses
* Medical examination (except vaccinations)
* A passport valid for travel to the United States and with a
validity date at least six months beyond the applicant's intended
period of stay in the United States.
* Two nonimmigrant visa photos
* two inches/50 X 50 mm square, showing full face, against a light background)
* Proof of financial support (Form I-134 Affidavit of Support may
be requested.)
* Payment of fees, as explained below
http://travel.state.gov/visa/immigrants_types_marriage2.html#5c
FORM DS-156 Nonimmigrant Visa Applications::
http://evisaforms.state.gov/
U.S. Embassy in China
http://www.usembassy-china.org.cn/
USCIS Field Offices by State:
http://uscis.gov/graphics/fieldoffices/alphaa.htm
3) ENTER THE U.S. WITH THE K-3
4) REGISTER FOR PERMANENT RESIDENCY
Application Procedures:
Becoming a Permanent Resident While in the United States
http://uscis.gov/graphics/howdoi/LPRApplication.htm
Permanent Residency (Green Card)
http://uscis.gov/graphics/faqsgen.htm#greencard
FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
>>> TIMELINES
Processing Times:
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=eqO8DUrVCaS6
Timeline Issues for the Marriage Visa
"The time it takes in your situation to obtain a K3 visa varies
depending on the country in which your fiancee resides and where your
marriage took place. Timing changes constantly, but in general is
measured in months. Note that the time to process a K3 Visa for
marriages is different than Fiancee K1 Visa timelines."
http://www.k3-visa.com/marriage-visa-timeline.html
Timelines - The Fiancee Visa is Often Quicker:
"It is often quicker to obtain a K1 fiancee visa than a K3 spousal
visa. Although the K3 visa was designed to speed up the time it takes
to bring a foreign bride to the U.S., it was never designed to be
quicker than a fiancee visa. As discussed in timing, the time it takes
to obtain either type of visa - marriage visa or fiancee visa -
depends on a variety of factors.
http://www.k3-visa.com/k1_vs_k3_visa.html
"Personally, my preference would be the K-1, but that's really more a
gut feeling. One advantage of the K-1 is that you'd be able to file
the I-485 right after getting married. With the K-3, I believe you'd
have to wait for the I-130 to be approved."
http://britishexpats.com/forum/showthread.php?t=263080
>>> K-1 STEPS TO TAKE:
If I misunderstood you, and you aren't married yet, here are the steps for the K-1.
* [You} File Form I-129F with your local BCIS office
* [Your wife] Apply for the K-3 visa at the U.S. Embassy in China.
* [Your wife] Enter the U.S. with the K-1
* Get married within 90 days
Nonimmigrant Visa for a Fiance(e) (K-1)
http://travel.state.gov/visa/immigrants/types/types_1315.html#1d
1) FILE A PETITION FOR ALIEN FIANCÉ:
"You must file the Petition for Alien Fiancé(e), Form I-129F with the
Department of Homeland Security's Bureau of Citizenship and
Immigration Services (BCIS) office that serves the area where you
live. See the Department of Homeland Security's BCIS Field Offices for
information on where you can file the petition. Note: You cannot file
this petition at an embassy, consulate or U.S. immigration office
abroad.
After the BCIS approves the petition, it sends the petition to
National Visa Center for processing, prior to being sent the embassy
or consulate where your fiancé(e) will apply for a K-1 nonimmigrant
visa for a fiancé(e)."
http://travel.state.gov/visa/immigrants_types_marriage2.html#2d
FORM 1-129F Petition for Alien Fiance(e):
http://uscis.gov/graphics/formsfee/forms/i-129f.htm
2) APPLY FOR A VISA
"The consular section at the embassy or consulate where you, the
fiancé(e) of an American citizen, will apply for a visa tells you of
any additional specific requirements, such as where you need to go for
the required medical examination. The following is required:
* A passport valid for travel to the United States and with a
validity date at least six months beyond the applicant's intended
period of stay in the United States.
* Birth certificate
* Divorce or death certificate of any previous spouse for both the
applicant and the petitioner
* Police certificate from all places lived since age 16
* Medical examination (vaccinations are optional, see below)
* Evidence of financial support (Form I-134, Affidavit of Support
may be requested.)
* Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156,
prepared in duplicate.)
* One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
* Two nonimmigrant visa photos (each two inches 50 X 50 mm square,
showing full face, against a light background)
* Evidence of a fiancé relationship
* Payment of fees, as explained below."
http://travel.state.gov/visa/immigrants_types_marriage2.html#5d
FORM DS-156 Nonimmigrant Visa Applications::
http://evisaforms.state.gov/
FORM DS-156K Nonimmigrant Fiancé(e) Visa Application:
http://www.visapro.com/US-Immigration-Forms/Fiancee-Visa-Application.asp
FORM I-134 Affidavit of Support:
http://uscis.gov/graphics/formsfee/forms/i-134.htm
3) ENTER THE U.S.:
What Must Happen After Getting the Fiancé(e) Visa?
"After getting the fiancé visa, your fiancé enters the U.S. through a
U.S immigration port-of-entry. The U.S. immigration official gives
your fiancé(e) instructions on what to do when he/she enters the
United States. You must get married within 90 days of your fiancé(e)?s
entry into the United States.
http://travel.state.gov/visa/immigrants_types_marriage2.html#9d
4) REGISTER FOR PERMANENT RESIDENCY:
How Do I Change My Fiance(e)?s Status to Lawful Permanent Resident?
http://uscis.gov/graphics/howdoi/hdifiance.htm
"After marriage, your spouse must file Form I-485 Application to
Register Permanent Residence or to Adjust Status with the BCIS office
that serves the area where you live in the United States."
http://travel.state.gov/visa/immigrants_types_marriage2.html#9d
FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
I hope I've been able to help you sort this out. If you have any
questions, please post a clarification request *before* closing/rating
my answer and I'll be happy to reply.
Thank you,
hummer
I searched the USCIS website and used my own research on this subject. |
