Can I Apply for a K-3 Visa While Form I-130 is Pending?

Form I-130 is the immigrant petition that must be filed by a U.S. citizen or a Green Card holder who wishes to bring his or her eligible family members to the United States and get them Green Cards. If you are U.S. citizen, you can use this form to sponsor your immediate relatives such as your spouse, parents, children and siblings.

Immigrant petitions that the U.S. citizens file will be processed faster than the applications that the Green Card holders file. In certain cases, immigrant petitions that the U.S. citizens file also take a long time. Immigration laws of the United States permit the spouses of U.S. citizens and their minor children who are awaiting the approval of their immigrant petitions to travel to the United States as K-3 and K-4 non-immigrants. After they come to the United States, they can complete processing for lawful permanent resident status.

You can file Form I-129F, Petition for Alien Fiancé(e), with the USCIS and get your spouse a K-3 non-immigrant visa and K-4 for any minor child(ren) of your spouse. For your spouse to be eligible for a K-3 visa, you must be legally married. K-3 and K-4 visa applications are being processed by the Texas Service Center and the California Service Center. These centers process the visa applications within 5 months.

The U.S. Congress designated K-3 and K-4 non-immigrant visas to allow the spouses of U.S. citizens and their minor children to enter into America and stay there as non-immigrants, until they become lawful residents. Being a U.S. citizen, you can consider filing Form I-129F for your spouse and child if the immigrant petition that you have filed for them is taking too long. Your spouse and the minor child who enter into America as non-immigrants with K-3 or K-4 visas can then apply for adjustment of status and get Green Cards.