K-3 Visa Phased Out

K-3 Visa Is No Longer Be Available When the I-130 is Approved

Beginning February 1st, 2010, when both petitions (I-130 and I-129f for K-3 visa) have been approved by USCIS and sent to the National Visa Center or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa is terminated. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

  • The nonimmigrant K-3 visa application and case will be administratively closed.
  • The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
  • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Read more details about the K-3 Visa HERE

For more information and advice on immigration issues?

FREE immigration consultation and advice within 24 hours guaranteed

JCS Immigration & Visa Law office is located at
2975 Wilshire Blvd. Suite 352 in Los Angeles, California 90010
Office hours are Monday to Saturday from 9:00AM to 9:00PM

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