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K-3 Spouse Visa

Important Notice Regarding K-3 Spouse Visa and National Visa Center Processingsing of

Effective February 1st, 2010, when both an I-130 spouse petition and an I-129F (K-3) spouse petition have been approved by the 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 spouse visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition the NVC will administratively close the K-3 spouse visa case.

Once closed, the K-3 spouse visa application process will no longer be available to the foreign-national spouse. The immigrant spouse visa process must be followed. 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.

If the NVC receives the approved I-129F spouse petition before it receives the I-130 petition, the NVC will process the I-129F petition. The NVC will then send the I-129F spouse 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  the foreign-national spouse will apply will provide specific instructions, including, where to go for the required medical examination.

Eligible children of K-3 spouse visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

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