Have included here discussion from another forum....READ THIS!
USINS has released the modified I-129F petition for fiance(e) and
spouse or child seeking K3/K4 today 7/2/01. Download a copy from the
following link:
http://www.ins.usdoj.gov/graphics/formsfee/forms/files/i-129f.pdf
Thanks for your advice but I have read in the INS website and there was nothing mentioned that this modified form is for K3 visa. I am wondering if this is the correct information. How do you know that I should file this petition in Chicago?
Quite simply, download the entire form from the website The notes at the start of the form explain what to do, what you should already have done and how to file the revised I-129F. If you are applying for a K-3 visa as a spouse then your petition should be sent to the INS in Chicago rather than one of the service centers used for a fiance(e) petition. All the addresses are in the notes that come with the form.
I think, you were the person who answered about my K3 visa form in this forum. I would like to ask you if the K3 visa is available and we can file that form in Chicago or in Bangkok. I just got so confused cause I called INS office in BKK and asked them about K3, they said that this visa will be for spouse who has been waiting for their visa to enter USA for more than 3 years now. I read in the modified form I129f, there was nothing mentioned about waiting for 3 years, they just simply say that this form can be submitted to INS office Chicago. Do you have any information or knowledge about this?
I don't know anything about the form being for people who had been waiting for 3 years. Like you, I checked the form and read through it and all I can see where it refers to a K3 is that you must already have filed the Alien Relative Petition (I-130), but makes no mention of how long ago. I suspect that, as it is a new visa, there may be one or two members of the INS staff who might not be totally familiar with the processing requirements. The following has been copied from the Visa Services section of the State Department's Website. "To qualify for the new K nonimmigrant visa (known as the K3 NIV), the applicant for the visa must prove:
1) his/her marriage to a U.S. citizen is valid, AND
2) he/she is the beneficiary of a petition (I-130) already filed with the US Immigration and Naturalization Service (INS) as the spouse of a U.S. citizen, but which petition has not yet been approved by INS, AND
3) he/she is also the beneficiary of a special petition filed with and approved by INS in the United States, AND
4) he/she wishes to enter the United States to await the approval of the I-130 petition by INS or the availability of an immigrant visa.
All four qualifications must be met before overseas processing of the request for the K visa can begin.
If an I-130 petition for the spouse is already at the overseas post, then an immigrant visa will be processed instead of the nonimmigrant K visa. If an immigrant visa based upon the I-130 petition for the spouse has already been denied, then neither the spouse nor the spouse's children may qualify for a K3 or K4 visa."
