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mounir and suzie

k3 visa information and how consulor process

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Filed: K-3 Visa Country: Egypt
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this post i'm not writing it my self i got it from my wife from a site then i see it a important info so i would love to post it on here to let everyone who in K3 visa read it it may make some good help , best luck to all .

Who is eligible for a K3 visa?

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19. A spouse of a U.S. citizen and unmarried children of that spouse may be issued K3/K4 visas. Note that an unmarried child of a U.S. citizen who is not also the child of a K3 is not eligible for K4 issuance; rather, the U.S. citizen must file an I-130 petition for IR2 status for his/her child, see Ref E, 32-33.

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How does a consular officer determine K3 eligibility?

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20. USCIS must approve an I-129F petition/K3 petition before post can process the K3. Post will receive approved I-129F petitions from USCIS via NVC by scanned e-mail, see Ref E, 7-14. As is the case for K1 fiancé petitions, consular officers are not delegated authority by USCIS to approve K3 petitions. Posts may, however, revalidate K3 petitions, which expire four months from the date of approval, for additional four-month periods, under the provisions of 9 FAM 41.31 N5.2.

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What about dependents of K3 applicants?

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21. U.S. citizens are not required to file a separate I-129F petition for a K4 unmarried child of the K3 spouse. A K4 applicant must only demonstrate that he/she is the unmarried child of a K3 applicant in order to qualify for issuance.

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What is NVC''s role in processing K3 visas?

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22. NVC receives an approved I-129F/K3 petition from USCIS, performs the NCIC namecheck, and forwards the petition to the processing post by scanned e-mail. Posts must keep NVC informed of any changes in the e-mail address at post to which NVC is sending these cases. Send a Visas Hawk to NVC for any derivative at least 16 years old for whom no NCIC has been run. NVC also sends a letter to the U.S. petitioner to let him/her know the case has been forwarded to post.

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Processing/Issuing K3 Visas

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23. Standard IV processing is followed, including NCIC namechecks, police certificates, pertinent birth/marriage/divorce/death certificates, standard IV medical exam minus the vaccination requirement, and relationship bonafides, Ref E, 18-25. Unlike K1s and K2s, the IV system will not yet accept K3 as a visa class, and so the systems processing takes place exclusively in NIV. K3s must be issued in the country where the marriage took place, unless there is no IV or NIV issuing post in the country, see Ref E, 15-17. Applicants fill out two copies of the DS-156 NIV application form; they are not required to submit the new DS-157 form. Note that neither an I-864 or an I-134 is required; K3 applicants must present the I-864 when they adjust status in the United States with USCIS. Posts should not routinely require an I-134, except in those cases where the consular officer deems it necessary to overcome any public charge considerations that might arise from documents presented or the interview.

24. Unlike the V, and in the same manner as the K-1, K3 visas must be accompanied by a standard IV-style packet of documents, minus the affidavit of support. The K4''s documents may be included in the K3''s packet.

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Revocations of V and K3 cases

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25. The underlying I-130 petition for a V case is either in storage at NVC or pending approval in an USCIS office. To ask USCIS to reconsider the approval of a petition, post first needs to determine the location of the petition. Begin by requesting the I-130 IV file from NVC. If NVC has the file, post writes the usual revocation memo, attaches any available USCIS I-797, USCIS receipt number, IV case number and returns the file with the I-130 attached to the USCIS Missouri Service Center which handles all LIFE Act processing.

26. If NVC does not have the I-130 underlying petition for the V case, post may assume the case remains with USCIS. Post will write the usual revocation memo to USCIS with an explanation of why the I-130 is not attached, include a copy of any available I-797 or other documentation such as an USCIS receipt number, and send it to the Missouri Service Center.

27. To revoke a K3, post must obtain the original I-129F petition from NVC. Write the usual revocation memo with relevant attachments and send it to the Missouri Service Center.

28. Address of Missouri Service Center:

P.O. Box 648004

Lee''s Summit, MO 64063

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Processing V Applicants Who Obtained a Change of Status to V from USCIS in the United States

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29. V eligible applicants may obtain a change of status to V from USCIS in the United States. They will receive an I-797 in which the case type in the upper right is marked "I-539, Application to Extend/Change NIV Status." V will be indicated after "Class." The notice informs the applicant that if they depart the United States, "he or she must obtain a new visa in the new classification before returning to the U.S." V status holders are unable to reenter the United States without obtaining a V visa.

30. Such applicants should be listed as V-eligible in Class or the CCD, and this would confirm the information on the applicant''s presented I-797. If they are not listed, contact NVC or post''s regional officer in VO/F/P for assistance. USCIS has no reason to forward the I-539 to NVC as the applicant would most likely continue to process with USCIS rather than with an overseas consular section. But applicants may opt for overseas consular V processing.

31. Such applicants must undergo standard V processing, including the medical exam, police certificate, and all the requirements in Reftels B and D. If the NCIC is not done, send a Visas Hawk to NVC.

32. It will be left to post to determine how to schedule these applicants for V processing, based on post''s workload or other considerations.

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LIFE Legalization Applicants

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33. Aside from the provisions of the LIFE Act that created V and K3 visas, another section provides for legalization of those aliens who entered the United States before January 1, 1982 and who are registered as members of one of three class action lawsuits. USCIS has sole responsibility for determining eligibility of and processing these applicants. However, post may be asked to fingerprint an eligible applicant or his/her dependent that resides overseas. Instructions will follow septel.

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Future Role of Kentucky Consular Center (KCC) in V and K3 Processing

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34. In the near future, KCC will take over NVC''s role in LIFE Act processing, and mailings to applicants and petitioners regarding V and K3 visas will originate from KCC. I-129F K3 petitions will be relayed to posts via KCC rather than NVC, and KCC will maintain the post contact list that is now sent out with each V letter to applicants and petitioners. V-related 2nd preference petitions will continue to be held at NVC. Further information on this change will be available septel.

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Who can help post?

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35. For legal issues concerning the LIFE Act, contact CA/VO/L/R. Any questions on visa processing, contact CA/VO/F/P. If you don''t know how to use the CCD to check for V eligibility, contact CA/VO/F/S. For information on Visa Hawk or post receipt of K3 I-129F petitions by scanned e-mail, contact NVC.

36. Minimize considered.


Mounir and Suzie

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