Disclaimer: The flowchart below is designed to illustrate a typical K-3 Visa application process and should be used for reference only. This flowchart can not take in to consideration a great number of variables and/or events that may alter this flowchart for a particular case such as a Request for Evidence (RFE). Please read the Terms and Conditions for more information.
Please begin by reading the Step-by-Step Guide to the K-3 process (for the US Citizen). You should also refer to the K-FAQ's for more information. The timeline below will help you visualize the entire process. Please note that the details of the process are not included below, they can be found in the links mentioned previously.
Timeline (approx) | Step | Information | ||
Varies | 1. |
* Start ASAP |
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N/A | 2. |
* Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it arrives at the Chicago Lockbox (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package. |
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2-3 Weeks | 3. |
*Typical wait time is 2-3 weeks after the I-130 petition is received. |
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N/A | 4. |
* Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it is delivered (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package. |
||
2-3 Weeks | 5. |
*Typical wait time is 2-3 weeks after the I-129F is received to get a notice letter in the mail. |
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See Processing Times | 6. |
* Start gathering documents needed by beneficiary (spouse) - See K-3 Guide. *Beneficiary can research and prepare forms required by embassy. |
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2 Weeks | 7. |
*Two weeks after you receive the NOA2 you can contact the NVC to see if they have received your approved I-129F. You can contact them at 603 334-0700. Their homepage is here. Welcome to the US Department of State! Things move much faster now :). |
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1-4 Weeks | 8. |
*NVC uses DHL to send the package, which typically delivers a package worldwide within 3-5 business days. |
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1 week | 9. |
*5-7 business days after the NVC sends the package to the embassy, you can begin contacting the embassy to see if they have received it. |
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1 week | 10. |
*This will be sent out within a week (typically less) from when the embassy processes the received petition. This package will include a checklist of items and paperwork that must be collected. Some will be sent back asap, and others will be sent back later or brought to the interview. |
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Varies | 11. |
*The downloads section for K-3 Visa's has a list of some forms the foreign spouse will need. You can practice with these forms. |
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N/A | 12. |
|
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N/A | 13. |
*Some embassies require the medical the same day as the interview. Most require the medical to be done ahead of time and have the results sent to the embassy directly from the doctor. *This may occur after an interview date is given. |
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1 week to issue date | 14. |
*This may occur before your have your medical. You will need to get the medical done before the interview as instructed by the embassy. |
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1 Month to interview | 15. |
*K-3 visa will be issued either the same day or within the next week depending on the embassy. The K-3 Visa is a multiple entry visa good for 2 years. NOTE: In some cases your I-130 may be approved prior to some of the above steps. In that case the foreign spouse may chose to interview at the foreign embassy and get an IR-1 or CR-1 Visa (See IR-1/CR-1 Guide). These visas allow the foreign spouse to enter the US and immediately be granted permanent residency (no need to file for Adjustment of Status). This choice may often take longer than simply entering on a K-3 and keep families apart for greater periods of time. |
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N/A | 16. |
|
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5-20 minutes | 17. |
*K-3 Visa is a multiple entry visa good for 2 years. |
||
Varies! | 18. |
You can complete this step at any time after entering the US. |
||
N/A (File as soon as possible once you marry) |
19. |
*EAD allows your to work (will need to reapply every year until your AOS application is approved). AP allows you to leave the country on a vacation / trip while your AOS application is being processed if your K-3 visa has expired. Please read this regarding when to file for AOS and not becoming out-of-status. NOTE: In some cases your I-130 may be approved prior to some of the above steps. In that case the foreign spouse may chose to interview at the foreign embassy and get an IR-1 or CR-1 Visa (See IR-1/CR-1 Guide). These visas allow the foreign spouse to enter the US and immediately be granted permanent residency (no need to file for Adjustment of Status). This choice may often take longer than simply entering on a K-3 and keep families apart for greater periods of time. |
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See Processing Times | 20. |
*If you file for your EAD online you will have a bio appointment and receive your EAD via mail. If you file locally you typically get an appointment for fingerprinting and are issued the EAD the same day. |
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1 hour (early morning) | 21. |
*See the SSN step-by-step guide for more info. This will allow you to open a bank account and do other things (many states require this for a drivers licence, etc). |
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See Processing Times | 22. |
*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card. |
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NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.
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