Got a non-immigrant K3 visa for your wife?

When you apply for a K3 visa for your wife, you also get to apply for an immigrant visa for free. But most likely you will get the K3 (non-immigrant) visa first and thus there is no need to continue the immigrant visa process, as the K3 visa will become an immigrant visa via "Adjustment of Status". Sadly, you will have probably already paid for the later fees for an immigrant visa interview et all, by the time you find out your wife will be getting a K3 visa. Well anyway, one year after you discontinue the immigrant visa process, they will send you a letter telling you that immigrant visas are available, that you must stay in contact with them annually, and that your time to apply for one has expired. You have 1 year to tell them which of the following applies:

  • Yes, I wish to pursue my immigrant visa application, please send me information on applying for my immigrant visa. I understand I will have to resubmit all required fees and documents in order to continue the immigrant visa process.
No, I do not want to pursue my immigrant visa application for one of the following reasons:

  • I have adjusted status. (Please send a copy of both sides of your alien registration card.)
  • I have received an immigrant visa through another petition and am now a permanent resident.  (Please send us a copy of both sides of your alien registration card.)
  • I am no longer interested in immigrating to the U.S.
  • Other. (lease explain.)
The answer of course is the first if your adjustment of status is not complete, like us. But if you are lucky, one of the top no answers applies and your wife is already a permanent resident.

Just another FYI for what happens in the process.


ADVICE: What if you lose your job? What if she gets pregnant?

One man I know lost his job so he cannot begin the immigration process to bring his wife to America. Well, the immigration process stalls if you lose your job once she comes to America too. You need all the same documents for the adjustment of status & green card that you gathered to get her a K1 or K3 visa. That is where we currently are. Waiting for me to have worked for 6 months for us to apply for her adjustment of status and green card.

And what if she gets pregnant at this time? Well, she cannot get public services as she is not a citizen or even a permanent citizen yet, so there is a loophole. C-CHIP, known by other names in other states. Thankfully a friend of mine who had married a Chinese woman back in 2006 told me about this. It does not actually cover your wife, but instead covers your unborn child, covering all prenatal visits.