K-3 Visa

[pendleton_boy 0]

Can someone answer this question for me? If I am applying for a K-3 Visa and submit Form I-130 Petition for Alien Relative (spouse), why then do I need to also submit Form I-129F which is a Petition for a "Fiance"? Doesn't that seem a waste of time? After all...she IS my "spouse".

Alos......Form I-129 is a petition for a "K-1" Visa, isn't it?.....Not a K-3.

[aussiewench 9]

You need an apporved I-130 in order to be able to gain immigrant status once in the US on the K-3, hence why the I-130 must be submitted prior to the I-129F. The K-3 is only meant to be able to wait in the US until you are able to apply for immigrant status via the Adjustment of Status process, or as many do, return to the consulate for the CR-1 interview. Either way, immigrant status is obtained.

The I-129F whilst it is for a fiance, is also used as the spousal petition in the K-3 process. If you read the instructions that come with the I-129F you will note how to complete the form for a spouse. The form is also sent to NBC.

Edited September 16, 2006 by aussiewench

[Yodrak 7]

pendleton_boy,

Form I-129 is a petition for an alien worker, qualifying them to apply for a non-immigrant work visa.

Form I-129F is a petition for either an alien fiance(e) or an alien spouse qualifying them, along with any children under the age of 21, to apply for a non-immigrant K visa.

Yodrak

....

Alos......Form I-129 is a petition for a "K-1" Visa, isn't it?.....Not a K-3.

[Reba 2]

Can someone answer this question for me? If I am applying for a K-3 Visa and submit Form I-130 Petition for Alien Relative (spouse), why then do I need to also submit Form I-129F which is a Petition for a "Fiance"? Doesn't that seem a waste of time? After all...she IS my "spouse".

Alos......Form I-129 is a petition for a "K-1" Visa, isn't it?.....Not a K-3.

You have to do it that way because that's the way USCIS bodged together the process for K3. Prior to year 2000, there was no K3, just the CR1/IR1 visa. So in order to speed up family reunions, they tacked on the I-129F petition and created the K3, but then never bothered to re-name the form for Fiance(es) AND Spouses, tho the instructions are now updated to reflect that.