Section 10.0....The I-130 Petition (for K3/K4)

Frequently Asked Questions:

10.1)...I am a Permanent Resident, not a US Citizen. Can I still use the K3/K4 process?
10.2)...How do I prepare the I-130 package to start the process for a K3?
10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?
10.4)...Where do I send the I-130 petition when used as part of the K3/K4 process?
10.5)...What notification will I receive from USCIS (INS) that my I-130 petition has been filed?

Answers:

10.1)...I am a Permanent Resident, not a US Citizen. Can I still use the K3/K4 process?
A..Unfortunately, no. However, provisions have been made for you if you and your family have been waiting for an immigrant visa to become available for over 3 years. You would use the "V" visa process, and you can find out about this from the USCIS (INS) website.
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10.2)...How do I prepare the I-130 package to start the process for a K3?
A..Please see the K-3"Step-by-Step Guide". In short though you will require the following forms:

1.	Payment as required by USCIS. Use a check so you can track the payment.
2.	Form I-130, Petition for Alien Relative (see example form)
3.	Copy of the Birth certificate for the US Citizen (front and back) or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. You may use a copy of your naturalization certificate or certificate of citizenship issued by USCIS.
4.	A copy of your marriage certificate (If not in English then again get a translation)
5.	If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.
6.	A copy of a prior spouse's death certificate. (If one or both were married before, and the prior spouse died)
7.	G-325A (all four pages) filled out by the US Citizen signed and dated
8.	One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of ". Attach the bag to a sheet of paper and place behind the corresponding G-325A.
9.	G-325A (all four pages) filled out by the foreign spouse signed and dated
10.	One passport-type photo (see specification) of the foreign spouse. Write the full name of the foreign Spouse on the back. Place in a plastic bag and label the bag "Photo of ". Attach the bag to a sheet of paper and place behind the corresponding G-325A.
11.	Evidence of a bonafide marriage (see note below for what to include)

It would be advisable to include a cover letter explaining that the I-130 petition is being submitted with the intention of applying for a K3 visa.
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10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?
A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.
Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.
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10.4)...Where do I send the I-130 petition when used as part of the K3/K4 process?
A..The completed I-130 package should be sent to the USCIS (INS) Chicago Lockbox where it will be routed to, and adjudicated at, the appropriate USCIS Service Center. Please note that the Chicago Lockbox address is different depending on where you live (see previous link). Make a complete copy of the entire petition package, even retaining extra original photos. Go to the Post Office in person and send it "return receipt".
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10.5)...What notification will I receive from USCIS (INS) that my I-130 petition has been filed?
A..The Citizen will receive an I-797 "Notice of Action" from the USCIS (INS). This can be up to a couple weeks after you mail it. The notice will say how long it usually takes to process the applications and give you a "receipt number" by which you can obtain "case status information" direct from the "automated system". The telephone number will be provided on the form.
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