The Non-Immigrant Spousal Visa Petition (K3):
I-129F Non-Immigrant Petition for Spouse of US Citizen
The non-immigrant visa petition uses the I-129F form and is being used for petitioning a fiance' of a US citizen in coming to the United States.
On the other hand however, this kind of visa petition is also being used by a US citizen married to a foreign national outside the US to petition his/her wife/husband in coming to the US.
Basically, when a US citizen is married to a foreign national outside the US, the US citizen can petition his/her spouse to come to the US through an immigrant visa petition. This petition (immigrant) takes a long wait, thus, the US citizen is given the option to file a non-immigrant visa petition (spousal visa) which can only be done after an immigrant visa petition has been filed and approved.
Take note that the I-129F non-immigrant visa petition is the same thing as what is being used in petitioning a fiance' of a US citizen. This is where confusion comes in for many couples. The only difference between the two would be the name of the visa; - a K1 visa for a fiance' and a K3 visa for a spouse of a US citizen.
In our case, Craig filed both two visa petitions, namely the immigrant visa petition or IR-1/I-130 petition and the K3 visa petition thereafter.
On the other hand however, this kind of visa petition is also being used by a US citizen married to a foreign national outside the US to petition his/her wife/husband in coming to the US.
Basically, when a US citizen is married to a foreign national outside the US, the US citizen can petition his/her spouse to come to the US through an immigrant visa petition. This petition (immigrant) takes a long wait, thus, the US citizen is given the option to file a non-immigrant visa petition (spousal visa) which can only be done after an immigrant visa petition has been filed and approved.
Take note that the I-129F non-immigrant visa petition is the same thing as what is being used in petitioning a fiance' of a US citizen. This is where confusion comes in for many couples. The only difference between the two would be the name of the visa; - a K1 visa for a fiance' and a K3 visa for a spouse of a US citizen.
In our case, Craig filed both two visa petitions, namely the immigrant visa petition or IR-1/I-130 petition and the K3 visa petition thereafter.
The documents we submitted were almost the same as that of the I-130 package, with the inclusion of a copy of the I-797 (Notice of Action) aka. NOA-2 or the Notice of Petition Approval from the I-130 petition. To summarize with, and to make it more understandable, here are the exact documents as itemized below:
- Form G-28 (Notice of Entry of Appearance as Attorney or Represenative (1 page), filled up and signed by Craig and lawyer.
- Form I-129F (3 pages) - filled up and signed by Craig.
- Form G-325A (4 pages), 2 sets each filled up and signed by each one of us.
- 2 color passport size photos of each of us.
- A copy of the I-130 visa petition approval (NOA-2)
- A copy of our marriage certificate.
- A copy of our marriage license.
- A copy of the Affidavit in Lieu of Certificate of Legal Capacity To Contract Marriage for American Citizens, signed by Craig and the US vice consul.
- Copies of Craig's divorce decrees.
- Copies of our birth certificates.
- Copies of all receipts of expenses while in the Philippines.
- Copies of Craig's passport pages (exit/entry stamps) showing his visits to and from the Philippines.
- Copies of Craig's boarding passes and airline tickets going to and from the Philippines.
- Copies of emails and chat logs, snail mails that we sent each other as proofs of further evidences of genuine relationship.
- A copy of the check for the filing fee.
