Who is eligible:
If you have entered a valid marriage to a US citizen (USC) and the USC has filed an I-130 petition for the beneficiary (who is physically outside the US). Or if you have entered a valid marriage with an LPR (green card holder) and the USC has filed an I-130 petition for the beneficiary (who is physically outside the US). If the I-130 or AOS is denied, K-3 status terminates 30 days after the denial.
Steps to a green card:
There are three main steps:
- USCIS – step one
- National Visa Center (NVC) – step two once USCIS approves step one
- S. Consulate/Embassy – step three
For each step you are filing different petitions with different support documents. Minor mistakes on USCIS forms can cause delayed processing of your case. Our office often speaks to clients who filed step 1 by themselves and now are stuck in NVC and cannot get their case to move forward.
Children of K-3:
Unmarried child must only establish that he/she is the child of a K3 to receive their K-4 visa. This evidence is typically proven with a birth certificate/adoption paper.
National visa center (NVC):
The NVC is operated by the DOS Bureau of Consular Affairs and processes immigrant visa applications after USCIS approves the application and before your case is sent to the consular post for adjudication. If you do not request on the petition submitted to USCIS your request for consular processing, then your case after USCIS approves will not be forwarded to the consulate.
There are substantial backlogs of cases with NVC so expect delays. The visa application form DS-260 and civil documents are submitted to the NVC online system, CEAC. Form DS-260 cannot be reopened and changed after submission until the case has been scheduled for an interview at a consular post. CEAC often crashes due to high usage. AILA presented a meeting where officers stated at NVC, officers are newly trained and thus do not have vast experience. NVC is mainly an online system (some cases must be mailed to NVC, E-filing is not permitted). Unless NVC approve your documents, your case will not be forwarded to the consulate for your green card interview.
You can request an expedite (emergency) appointment requests. NVC will not adjudicate the expedite request, instead they forward it to the consulate for consideration. The power to approve or deny lies with the individual post.
One year contact requirement:
INA 203(g) states for termination of registration of the visa petition if you fail to apply for an IV within one year (1 year) following notification to the applicant that their visa is available if the I-130, I-140 or I-360 was approved.
US Consulate:
When NVC approves your case, then the consulate will send the applicant (not the attorney of record) an email stating the interview date and time, along with any additional documents required. These documents (original, certified and copies) must be brought to the consulate. The consulate may request documents to be re-uploaded to your online NVC account before the green card is issued. The consulate strictly adjudicates affidavit of support, domicile and medical examination documents.
You must undergo a medical examination for your green card under a K-3, typically scheduled after your consulate green card interview. If your green card is approved at the consulate, you will be permitted into the United States as a green card holder (Legal Permanent Resident, or LPR). The stamp in your passport allows you to work for any employer in the United States or start your own company on entry to the States (you will apply for your social security number). Your physical green card will arrive by mail several months later.
IR1 and CR1:
IR1 – permanent residence
CR1 – conditional residence
These are the stamps the immigration officer will issue into your passport once your case is granted at the consulate. The conditional residence gives you a green card; this is discussed elsewhere in our website and in audios by Caro. Permanent Residence means you have been issued with a 10-year green card.
How long does the processing of a K3 take approximatly:
The entire three-part process for a K-3 visa can take up to 24 months on average (it may take longer depending on your circumstances and/or embassy applying at).
Waivers for inadmissibility issues:
If you need a waiver under a K-3, the consulate officer will inform you during your interview. Waivers are typically required for past issues like arrests, convictions, overstays, etc.
Any waiver under the K-3 must be submitted to USCIS not the consulate, only after USCIS approves the waiver will the consulate approve your green card. IV waivers can take up to 24 months for an adjudication. We have a separate audio guide on the K-3 visa that provides more detailed information on the process, required documents, interview questions, and waivers. For more in-depth consultation, please visit our website and speak with Caro.
Death of a Petitioner:
If the K-3 and K-3 are admitted and the petitioner dies, the I-130 petition is automatically converted to a I-360, Petition for widower.
