Filipina and the K-3 Visa

K-3 Visa is for guys that marry their Filipina lady in the Philippines

Filing this petition is common for American men that have married in the Philippines. If the Filipina has any dependent children they would be on a (K-4) visa.

This process involves the guy filing both the I-129F and the I-130 petitions. The reason for doing this is so that the lady can be
approved with a K-3 (nonimmigrant visa) based on the I-129F while the I-130 petition is still in process. This means the married
couple will be together when the K-3 visa is approved. The lady is then free to enter and leave the United States for up to two years while the I-130 petition is still in process. Once the I-130 petition is approved, the Filipino spouse may adjust status to a lawful permanent resident.

(Important Note from the U.S. Embassy) Minor children of a K3 applicant may derive immigration benefits from the same
approved I-129F petition and are issued “K4” visas. The children may apply for visas at the same time as the principal applicant
parent.

It takes from 6-12 months from the date the petition is approved for the K visa to be issued. If their is an investigation or you do not meet the requirements it can take longer. Again, the important thing is to document your relationship and fill out the petition completely and acurately. If you do not feel capable of doing it right than I suggest you retain an attorney. A U.S. citizen should not arrange to take the Filipino spouse back to the United States immediately following the marriage and no final travel plans should be made until a visa has been issued.

While the K-3 petition may be a little more work, if you are already married it should be a lot quicker than filing the I-R1 petition. You can click the link above for the I-R1 visa information. This is an immigrant visa that now taked about 2 years, and your spouse will not be able to come to the U.S. during the whole time.

I believe the quickest visa approval still is the K-1 (fiancée). But in my opinion it also has the greatest denial rate. With
the K-3 you are already married, so I think it would be harder for the U.S. Embassy to deny you when you are already married. Of course they can approve or deny at will, but with border line calls you may be given the benefit of the doubt. Now if some major problem is found (like someone is married already or has a significant criminal record) then it does not matter what you file you are going to be denied.

Here are the steps for a K-3 petition just as they are shown on the U.S. Embassy website

STEP 1: File the Petition. File the I-129F petition with the U.S. Citizenship and Immigration Services (USCIS) office that covers your permanent place of residence. The Form I-129F is available at the Department of Homeland Security public queries window or Window 44 at Embassy Manila. The petition must be filed in the United States.

STEP 2: USCIS approves the petition. Once the petition is approved, USCIS sends it to the National Visa Center (NVC). NVC forwards the petition to the Embassy in Manila. This process generally takes 4-6 months.

NOTE: Approval of a visa petition does not necessarily mean a visa will be issued. Only a consular officer at the Embassy may determine a person’s eligibility to receive a visa.

STEP 3: The applicant is notified. When the Embassy receives the approved petition, it schedules the applicant for medical examination and visa interview. The applicant will be notified of the appointments and will be provided instructions on how to apply for the visa. NOTE: It is important that the petition has the beneficiary’s correct address and contact number, otherwise the Embassy will not be able to send the K packet, the medical and visa interview appointments to the beneficiary. The NVC and the Embassy must be informed of any change in the beneficiary’s address.

STEP 4: Apply for the visa. After the applicant pays the non-refundable application/processing fee and completes the required medical examination at St. Luke's Medical Center Extension Clinic, he/she appears at the Embassy for the scheduled visa interview with all the required documents.