Immigrant Petition for Alien Relative, Form I-130

• American citizens start the process using Form I-130 to petition U.S. Citizenship and Immigration Services (USCIS) on their spouses' behalf. Form I-130 requires the petitioner to provide detailed information about the foreign spouse, including previous visits to the U.S. or encounters with U.S. immigration authorities. The form also asks about the marriage itself, such as when and where it took place and where the couple intends to live, if the foreign spouse gets an immigrant visa.
  
  USCIS treats I-130 petitions on behalf of a spouse more favorably than other family-based immigration petitions. It classifies these applications as IR-1; "IR" stands for "Immediate Relative" and "1" denotes the closeness of the relationship between husband and wife. Like other IR-class visas, U.S. law imposes no limits on annual entries for spouses, and a husband or wife does not have to wait in line to apply.
  
  

Petition for Alien Fiance(e), Form I-129F

• The I-130 process can take time and ordinarily, the foreign national spouse would have to remain outside the U.S., until the USCIS approves the application. However, once USCIS confirms receipt of the I-130 petition, the citizen spouse can then file Form I-129, which allows the foreign spouse to apply for a K-3 non-immigrant visa. A K-3 visa allows the foreign spouse to enter the U.S. and await the immigration decision on American soil. According to the State Department, "a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place."
  
  

Foreign National Spouse Visa Application

• Once the USCIS approves an I-129F petition, the foreign spouse gets permission to apply for a K-3 visa at an American consulate or embassy in the marriage country. The foreign spouse must provide marriage documentation, undergo a medical exam and personal interview, and prove that the visa applicant will have adequate financial support, either from personal resources or from the U.S. spouse. Applications also ask about criminal and immigration history, and some answers may disqualify an applicant from receiving a K visa.
  
  

Benefits and Limits of K-3 Visas

• K-3 visa holders enjoy certain benefits upon entering the country. Foreign spouses who enter the U.S. on K-3 visas can immediately apply for permanent residency using Form I-485, and even get authorization to work while USCIS processes their petitions. However, a foreign national's rights under a K-3 visa depend on the spousal relationship and the pending status of immigration petitions. If circumstances change, a foreign person's eligibility for the K-3 visa can disappear. If USCIS turns down the I-130 or I-485, or if the spouses divorce, the K-3 expires within 30 days and the foreign national must leave the country.