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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

EmilyRugBurn
Hello Again, Everyone

Thanks for all of your help so far! Just a quick question this time!

My husband (the petitioner) is a US citizen (NY state). I am Canadian. We were married in Canada (Toronto).

He is about to mail in the I-130 (and corresponding documents) on my behalf. I have just looked through the instructions for the I-129F Petition (i.e the K3 spouse Visa) and it says: "The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the US Citizen petitioner occured."

So... do I not send this to Chicago then? Does anyone know where I would send it (in Canada)?

Thanks again for any assistance/advice you can provide.
simple_male
QUOTE(EmilyRugBurn @ Jul 31 2006, 11:10 AM) *

Hello Again, Everyone

Thanks for all of your help so far! Just a quick question this time!

My husband (the petitioner) is a US citizen (NY state). I am Canadian. We were married in Canada (Toronto).

He is about to mail in the I-130 (and corresponding documents) on my behalf. I have just looked through the instructions for the I-129F Petition (i.e the K3 spouse Visa) and it says: "The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the US Citizen petitioner occured."

So... do I not send this to Chicago then? Does anyone know where I would send it (in Canada)?

Thanks again for any assistance/advice you can provide.


You send I-129F petition to the USCIS Chicago Lockbox. I-129F is not a visa application, but it is a K-3 visa petition which is filed by the petitioner, not by the applicant (beneficiary). In this case, you are the applicant or beneficiary. The LIFE act means that you (applicant) will apply for the K-3 visa in the country (Canada) where you got married. You will apply for the K-3 visa after NVC sends out the case to the Embassy. NVC will receive the case after USCIS approved the I-129F.
EmilyRugBurn
Thanks so much for your quick response! I think I understand what your telling me... I just want to get this straight. So:

- My husband (the petitioner) sends the I-129F petition to the USCIS Chicago Lockbox.
- If/When the USCIS approves the I-129F (NOA2), it gets send to the NVC.
- Then, the NVC will send our case to the Embassy.
- I will then need to apply for the K3 in Canada.

When you say "apply for the K-3 visa in the country (Canada) where you got married", do you mean/are you referring to the interview and where it will take place? Is that what you mean by applying for the K3 visa - the interview?

Thanks again!
simple_male
QUOTE(EmilyRugBurn @ Jul 31 2006, 11:40 AM) *

Thanks so much for your quick response! I think I understand what your telling me... I just want to get this straight. So:

- My husband (the petitioner) sends the I-129F petition to the USCIS Chicago Lockbox.
- If/When the USCIS approves the I-129F (NOA2), it gets send to the NVC.
- Then, the NVC will send our case to the Embassy.
- I will then need to apply for the K3 in Canada.

When you say "apply for the K-3 visa in the country (Canada) where you got married", do you mean/are you referring to the interview and where it will take place? Is that what you mean by applying for the K3 visa - the interview?

Thanks again!


Yes, you got it. NVC assigns a case number of the approved petition and then forwards it to the Embassy. The Embassy will contact you with further details (what documents to bring) for the interview.
EmilyRugBurn
Thank you, simple_male!!

Cheers!
Yodrak
EmilyRugBurn,

Yes, but no. You omitted a step that will occur prior to having an interveiw - submitting the visa application forms and supporting documentation - first DS-230, then DS-156, etc. That is applying for the visa. An interview follows the submission of the application.

Yodrak

QUOTE(EmilyRugBurn @ Jul 31 2006, 02:10 PM) *
....
When you say "apply for the K-3 visa in the country (Canada) where you got married", do you mean/are you referring to the interview and where it will take place? Is that what you mean by applying for the K3 visa - the interview?

....


EmilyRugBurn
Thanks, Yodrak -- I'm assuming that these are the forms/documentation/procedures that the Embassy will inform me of once I hear from them. Is that correct?
simple_male
QUOTE(EmilyRugBurn @ Jul 31 2006, 04:19 PM) *

Thanks, Yodrak -- I'm assuming that these are the forms/documentation/procedures that the Embassy will inform me of once I hear from them. Is that correct?


Yes, we always need to fill out these lovely forms. Embassy will contact the beneficiary about what forms need to be filled out prior to the interview and to bring them during the interview.
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