Q: What is the next step to take after an I-130 application is approved and how long will it take to obtain a visa?
I am an American citizen who has filed an I-130 for my wife and daughter, who are currently living in Mexico. I called the USCIS office to speak to an immigration officer, who informed me that both my applications are soon to be approved (15 to 30 days).
After the I-130 applications are approved, what is the next step and how long will this process will take before my family can obtain a visa or any type of permit to join me here in Florida?
Can I file a K-3 visa now to get my family to join me faster?
The main intent is to bring my wife and daughter to join me.
Any information will be greatly appreciated! Thank you for your time!
A:
In order for a K-3 spouse visa (and K-4 dependent child visa) to be issued by the U.S. Embassy abroad, the U.S. Citizen Petitioner must first have filed with USCIS a Form I-129F. That form is titled "Petition for Alien Fiance", but it is also used for K-3 spouses and K-4 children. That form is filed AFTER the I-130 petition is filed, but can (and should) be filed before the I-130 is approved. If your I-130 has been pending now for some time and is likely to be approved soon, it's not likely worth your time and money to pursue the I-129F now. When the National Visa Center, part of the U.S. Department of State like the embassies abroad, receives from USCIS an approved I-130 petition either before it receives an approved I-129F or at the same time as it receives an approved I-129F, then the NVC will make your spouse and child proceed on the basis of immigrant visa applications and will not allow them to move forward on the basis of K-3 and K-4 visas. See https://travel.state.gov/content/visas/en/immigrate/family/spouse-citizen.html ("When both petitions have been approved by USCIS and sent to the NVC 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 ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition: The nonimmigrant K-3 visa case will be administratively closed."
If you need help with what appears to be a forthcoming immigrant visa consular processing case for your wife and child and you feel overwhelmed or confused by the process, I suggest that you schedule a consultation with a competent immigration attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
