| Timeline
(approx) |
Step |
Information |
Notes |
| Varies |
1. |
| U.S.
Petitioner gathers various documents |
| U.S. Petitioner
gathers various documents (birth certificate etc) to send with
I-130 |
|
*
Start ASAP |
| |
|
|
|
| N/A |
2. |
| I-130
Package sent |
| U.S. Petitioner
sends compiled I-130 package to the Chicago Lockbox. |
|
*
Triple check everything. Double check all forms with examples
available online. Send postage with an return receipt requiring
signature when it arrives at the Chicago Lockbox (not necessary but highly
advisable for peace of mind). Make a complete copy of the entire package. |
| |
|
|
|
| 2-3
Weeks |
3. |
| 1st
Notice of Action (NOA) |
| U.S. Petitioner
Receives first Notice of Action (NOA) acknowledging I-130 petition
has been received |
|
*Typical
wait time is 2-3 weeks after the I-130 petition is received. |
| |
|
|
|
| N/A |
4. |
| I-129F Package sent |
| U.S. Petitioner
sends compiled I-129F (along with copy of the I-130 NOA and transfer notice from the Chiago Lockbox) to the USCIS Dallas Lockbox who will forward the package for processing. |
|
* Triple check everything. Double check all forms with examples
available online. Send postage with an return receipt requiring
signature when it is delivered (not necessary but highly
advisable for peace of mind). Make a complete copy of the entire package. |
| 2-3
Weeks |
5. |
| 1st
Notice of Action (NOA) |
| U.S. Petitioner
Receives first Notice of Action (NOA) acknowledging I-129F petition
has been received |
|
*Typical
wait time is 2-3 weeks after the I-129F is received to get a notice letter in the mail. |
| See
Processing Times |
6. |
| 2nd
Notice of Action (NOA) |
| U.S. Petitioner
Receives second Notice of Action (NOA) acknowledging I-129F petition has been approved. |
|
* Start gathering documents needed by beneficiary (spouse) - See K-3
Guide.
*Beneficiary can research and prepare forms required by embassy.
|
| |
|
|
|
| 2
Weeks |
7. |
| Case
Forwarded to the National Visa Center
(NVC) |
| Case Forwarded by
your Service Center to the National Visa Center |
|
*Two weeks
after you receive the NOA2 you can contact the NVC to see if they
have received your approved I-129F. You can contact them at 603 334-0700.
Their homepage is here.
Welcome to the US Department of State! Things move much faster now
:). |
| |
|
|
|
| 1-4
Weeks |
8. |
| Case
Forwarded by NVC to U.S. Embassy in your spouse's country |
| Case Forwarded to
U.S. Embassy as specified in the I-129F. |
|
*NVC uses
DHL to send the package, which typically delivers a package worldwide
within 3-5 business days. |
| |
|
|
|
| 1
week |
9. |
| Case
received by Embassy from NVC |
| Embassy receives
package and processes it. They will then prepare a letter to
be sent to the foreign spouse. |
|
*5-7 business
days after the NVC sends the package to the embassy, you can begin
contacting the embassy to see if they have received it. |
| |
|
|
|
| 1
week |
10. |
| Forms
and Checklist sent to Beneficiary |
| Forms and Checklist
sent to foreign Beneficiary (Spouse). |
|
*This will
be sent out within a week (typically less) from when the embassy processes
the received petition. This package will include a checklist of items
and paperwork that must be collected. Some will be sent back asap,
and others will be sent back later or brought to the interview. |
| |
|
|
|
| Varies |
11. |
| Foreign
Beneficiary compiles required forms |
| Beneficiary fills
in Forms and assembles various documents |
|
*The downloads
section for K-3 Visa's has a list of some forms the foreign spouse
will need. You can practice with these forms. |
| |
|
|
|
| N/A |
12. |
| Completed
Forms sent to Consulate |
| Beneficiary sends
completed Forms to U.S. Embassy |
|
|
| |
|
|
|
| N/A |
13. |
| Foreign spouse
must attend medical interview prior to interview |
| Attend medical appointment. |
|
*Some embassies
require the medical the same day as the interview. Most require the
medical to be done ahead of time and have the results sent to the
embassy directly from the doctor.
*This may occur after an interview date is given. |
| |
|
|
|
| 1
week to issue date |
14. |
| U.S.
Embassy issues Beneficiary with Interview date |
| U.S. Embassy issues
Beneficiary with Interview date |
|
*This may
occur before your have your medical. You will need to get the medical
done before the interview as instructed by the embassy. |
| |
|
|
|
| 1
Month to interview |
15. |
| Beneficiary
has Interview at U.S. Embassy |
| Beneficiary has
interview at U.S. Embassy for K-3 visa. All being well case
is approved. |
|
*K-3 visa
will be issued either the same day or within the next week depending
on the embassy. The K-3 Visa is a multiple entry visa good for 2 years.
NOTE: In some cases your I-130 may be approved prior to some of the above steps. In that case the foreign spouse may chose to interview at the foreign embassy and get an IR-1 or CR-1 Visa (See IR-1/CR-1 Guide). These visas allow the foreign spouse to enter the US and immediately be granted permanent residency (no need to file for Adjustment of Status). This choice may often take longer than simply entering on a K-3 and keep families apart for greater periods of time. |
| |
|
|
|
| N/A |
16. |
| Beneficiary
travels to and enters the U.S. |
| Beneficiary travels
from their country to be with the U.S. Petitioner (Spouse)
in the US. |
|
|
| |
|
|
|
| 5-20
minutes |
17. |
| Point
of Entry (POE) in U.S. |
| Beneficiary arrives
at Point of Entry (POE) in U.S. and shows K-3 to the immigration
officer. |
|
*K-3 Visa is a multiple entry visa good for 2 years.
|
| |
|
|
|
| |
|
|
|
| |
|
|
|
| Varies! |
18. |
| Complete I-693 |
| Complete I-693 per the K1/K3 AOS Guide. This is required so that your vaccinations can be documented properly on the I-693 as part of your completed AOS package. |
|
You can complete this step at any time after entering the US. |
| |
|
|
|
N/A
(File as soon as possible once you marry) |
19. |
| Apply
for Adjustment of Status (AOS), EAD, AP |
| Apply for Adjustment
of Status (AOS). You should file before the K-3 Visa expires. If you
have not filed for AOS and your K-3 expires, you will be considered
out-of-status until you file. Make all attempts to file before
you become out-of-status. You may also file for your EAD and
AP (if K-3 visa expired) at this time. |
|
*EAD allows
your to work (will need to reapply every year until your AOS application
is approved). AP allows you to leave the country on a vacation / trip
while your AOS application is being processed if your K-3 visa has expired. Please read this
regarding when to file for AOS and not becoming out-of-status.
NOTE: In some cases your I-130 may be approved prior to some of the above steps. In that case the foreign spouse may chose to interview at the foreign embassy and get an IR-1 or CR-1 Visa (See IR-1/CR-1 Guide). These visas allow the foreign spouse to enter the US and immediately be granted permanent residency (no need to file for Adjustment of Status). This choice may often take longer than simply entering on a K-3 and keep families apart for greater periods of time.
|
| |
|
|
|
| See
Processing Times |
20. |
| Receive
EAD / AP |
| Receive (get printed
and issued) your EAD -- appointment at local office. Receive
AP via US Mail. |
|
*If you file
for your EAD online you will have a bio appointment and receive your
EAD via mail. If you file locally you typically get an appointment
for fingerprinting and are issued the EAD the same day. |
| |
|
|
|
| 1
hour (early morning) |
21. |
| Apply
for Social Security Number |
| Apply for Social
Security Number (SSN). You will need to show them your EAD when applying. |
|
*See the SSN step-by-step
guide for more info. This will allow you to open a bank account
and do other things (many states require this for a drivers licence,
etc). |
| See
Processing Times |
22. |
| Interview
for AOS (I-485 approval) |
| Interview appointment
for AOS. When approved you may or may not receive an I-551 stamp in your
passport indicating you have been approved for AOS. Either way you will
receive your green card in the mail later. |
|
*If your
interview (and specifically the approval) occurs within 2 years of
your marriage you will be granted a conditional permanent residency
(2 year validity). If this happens you will have to apply to lift
conditions 90 days prior to your 2 year green card expiring. If you
are 'adjusted' greater than 2 years after you were married you should
receive a normal 10 year green card. |
