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K3 Process and Approved I-130 Problem

Many petitioners after the filing of I-130 for their foreign spouses choose to file an I-129F so that their spouses can get a K3 visa to enter the U.S. to await the approval of the previously filed I-130. Normally, the I-129F petition will be approved before the I-130 petition. However, sometimes, before the foreign spouse’s K3 interview, the I-130 is approved. If the I-130 petition has been approved and received at the consular post, a K-3 visa will not be issued. If the foreign spouse begins the K3 process at the post by returning the DS-2001 thereby notifying the post they are ready to be interviewed, she or he may opt to continue the K3 process even if the approved I-130 has arrived at the post.

Huang Law LLC serves clients nationwide on immigration related matters.

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