We got married in US, but my wife is from Russia. We found out that we need to apply for K-3. Is it possible to do it yourself without paying the atterney? And if yes, do I need to start with I-130 form?
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Guys, I need ur advice on K-3
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# If you are US citizen and live in USA and your wife in Russia then you has two choices:
1) K3 visa (first step filing I-130 and second step filing I-129F): Described below.
2) Counselor processing where you file only I-130
First choice is little faster but costlier, where you do adjustment of status/ permanent resident card (GC) while your spouse in USA.
# If you are US citizen and live in USA along with your wife then:
File Adjustment of Status. Package includes following forms I-130, I-765, I-864, G-325A, etc (check the current forms requirements). The form I-751 require later date if marriage is less than two years (to remove condition on GC).
# K3 visa process: Only US citizen can file K3 visa for spouse.
Start with the form I-130 and send it with the supporting documents. Some examples are:
1. Application fee (check USCIS website for current fee)
2. Form I-130 (download current form from USCIS website or fill it and print)
3. Evidence of US citizenship (a photocopy of naturalization certificate or US passport or US birth certificate, whichever applicable)
4. Form G-325A and a photograph of petitioner
5. Form G-325A and a photograph of beneficiary
6. Copy of marriage certificates
7. Copy of my previous marriage divorce decree (if any)
8. Copy of beneficiary's birth certificate (optional)
9. Copy of beneficiary’s passport (optional)
10. Copies of affidavits sworn to or affirmed by a relative and friends about marriage (they should not necessarily be US citizen). See I-130 instructions for details.
Other supporting documents:
1. Copy of latest bank statement (first page) showing spouse as one of the beneficiary (if any)
2. Copy of your 401K plan showing your spouse as one of the beneficiary (if any)
3. Copies of evidence showing petitioner and beneficiary traveled together, hotel bills, telephone bills, copies of any greeting card sent to you by your spouse, etc.
4. Copy of few wedding pictures.
5. Copies of pictures taken at different occasions with family members and friends.
Bottom line is you should send enough supporting documents to make your case stronger and authentic.
Also, you have to send exact copies of I-130 package for I-129F (K3 visa), i.e., once you have the receipt of Notice Of Action (NOA) for I-130, make a photocopy of this receipt, fill the form I-129F and send it along with exact copies of I-130 package that you sent earlier.
Therefore, it is necessary to make four copies of this package. One for sending with I-130, second with I-129F application, third for beneficiary and fourth for your record. Do not send originals of any documents.
In your cover letter, mention that “Copies of documents submitted are exact photocopies of unaltered documents and I agree to submit original documents to an Immigration or Consular officer at a later date, if required.”
*This is not a legal advice. Please consult your immigration attorney for legal advice.
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