Phase 1: The Petition (USCIS & NVC)
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Return to TFB WebpageThe I-130 in a Nutshell (incl. K3)
[This article is for US citizens in US with Thai spouse still in Thailand.] So you want to bring your Thai spouse and/or your Thai stepchild to the US? Then you need to go through the I-130 process (aka IR1 and CR1) and this "I-130 in a Nutshell" is intended to provide some basic information about the process for the immigration newbie who has little or no immigration knowledge.
First, let’s start with the lay of the land. The I-130 petition is for immediate family members (incl. unmarried stepchildren under 21), and is not used for fiancees. [Note: for info on K1 "fiancee" visas, see the "K1 in a Nutshell" on TFB site.] Notably, the I-130 is an "immigrant" visa (compared to the K1 which is a non-immigrant visa). The significance is that an immigrant is a lawful permanent resident (LPR), ie, a green card holder, and does not need to adjust status from non-immigrant to immigrant. When the I-130 is approved, a spouse or child of a US citizen is eligible for an immigrant visa immediately (ie, she does not have to wait for a "visa number" to become available). The I130 process is essentially a two-phase process: first you petition the USCIS (US Citizenship and Immigration Services), and then the US Embassy (State Dept) in Bangkok will issue the visa.
In some states, it can take a long time for the I-130 to be processed (while your spouse is impatiently waiting in Thailand). This is where the so-called "K3 visa" comes in. This visa is totally optional, but you can file for one, and theoretically the K3 is supposedly approved faster allowing your spouse to come to the US sooner (on a non-immigrant visa) while her immigrant visa is pending review. However, reality and theory can be different, and in some cases, filing for the K3 will not be of benefit because the I-1-30 is approved in a short time (in which case, you can abandon the K3).
Phase 1: The Petition (USCIS & NVC)
You can download the I-130 form at: I-130. The supporting documents you will need to send in with the petition are: copies of your birth cert. or passport; marriage certificate (translated if in Thai); two signed form G-325A biographical forms (for you and your wife & include all 4 pages); divorce cert. if you and/or your wife had previous marriages; and a color photo of you and one for your wife (per requisite dimensions). Although not required, it may be helpful to submit documentation evidencing a 'legitimate' marriage (ie, joint tax returns, joint bank accounts, leases/titles, insurance records, birth cert. of children you had together, etc.--anything showing you and your wife acting as a married couple.) Also, if you are filing for your wife and stepchild at the same time, submit a separate I-130 for each child who will be immigrating.
For a stepchild, you will need to submit the child's birth certificate and any evidence of name changes. If the child’s natural father is "still in the picture" (has custody or other parental rights), that may need to be addressed eventually (although not for the I-130). In Thailand, many fathers have children out of wedlock or abandon their children, and if this is the case, obtain a statement from your wife’s amphur to document this. If the natural father died, obtain his death certificate. If you have formally adopted the child, then you must submit the adoption papers with your I-130 (note: there is a requirement that your adopted child has lived with you for 2 years). All documents in Thai should be translated into English.
While not all that common, if your wife happens to lawfully be in the US when you apply for the I-130, you can file for Adjustment of Status (AOS) at the same time by simultaneously filing form I-485. The scenerios of being lawfully in the US can be complicated, and will not be discussed here.
Don’t forget to make copies (at least 2 copies recommended) of your I-130 packet before you send it to the appropriate service center (give your wife a copy of the I-130 packet) and don’t forget signatures and the filing fee. Once the CIS Service Center receives your I-130, you'll receive a Notice of Action (NOA1) with your assigned case number. You will be sent a Notice of Approval (I-797) when your petition is approved and your case will be sent to the National Visa Center (NVC) in Portsmouth, NH. The NVC will send both you and your wife an "agent" designation form and fee bill. Upon payment of the fee, NVC will send you the I-864 Affidavit of Support. Send back the I-864 with supporting W2s and tax records. On the designation form, you may choose to designate yourself as the agent, that way NVC will send you the so-called "packet 3" (see Phase 2).
The Optional K-3: Again, the K3 visa is not required, but could get your wife into the US sooner, although this may not always be the case. After you file your I-130 and have received the NOA1 from USCIS, file form I-129F and indicate you are petitioning for a K3. You will need to submit copies of your birth cert. or passport; two G-325As (one for you and one for your spouse); 2 photos per requisite dimensions (one for you and for your spouse); and copy of NOA1. Send the completed packet with fee to the Chicago CIS office, who will forward it to the National Benefits Center (NBC) in Missouri. The K3 is a 2 year multiple-entry visa. It is important to note that after your spouse enters the US on a K3 visa, she can opt to take the additional step of adjusting her status (AOS), as the K3 is a non-immigrant visa, and she has 2 years to do this. Or since waiting for an AOS interview can take a long time in some states, she can opt to pursue the I-130 already filed (but your wife will have to return to Thailand to get it). Either way, the AOS or I-130 will confer LPR status on your wife. (Incidentally, the child of a K3 is called a K4.)
Phase 2: The Interview (Embassy)
Once your I-130 is approved, and the NVC has sent you (if you designated yourself) or your wife the "packet 3", your case is forwarded to the US Embassy, Consular’s Office in Bangkok (95 Wireless Rd.) for final processing, conducting of the interview, and actual issuance of the immigrant visa. Or in the case of a K3 visa, the NBC will forward your file and the same actions will be taken. The Embassy will require that your wife/child complete the packet 3 documents, which you can actually download at: Packet 3. And here is the Packet 3 checklist/instructions: Checklist.
The packet 3 includes: form DS230 (pt. 1); I-864 Affidavit of Support (which you’ve already completed and sent to NVC); and other instructional material. The documents your wife needs to bring to the interview are: birth cert.; passport; a completed but unsigned DS230 (pt. 1); I-864; medical examination results (performed by an approved panel physician); police certificate; military records; 2 photos (per dimensions); fee if it's for a K3 (you’ve already paid the fee for the I-130); Thai ID; and Thai House Registry. She should also bring a copy of the I-130 packet you sent to USCIS so she will have the supporting documentation that will evidence a legitimate marriage.
To schedule the interview, send (or deliver) the signed checklist in the instruction form from the packet 3 to the Embassy. You will be notified of the date of the interview. If there will be multiple interviews (for wife and children), notify the Embassy so they can schedule the interview at the same time. You are not required to attend the interview, but you are not precluded from attending. In fact, in most cases you can stand next to your wife/child during the interview, and may even be asked a few questions. If all the paperwork is in order, the interview is more like a formality and very few questions will be asked. The visa is generally issued on the same day of the interview (or a few days later). Your wife has 6 months to enter the US from the interview date.
Finally…
If you have been married for less than 2 years when your spouse is granted her immigrant (LPR) status, she is granted "conditional" LPR status (CR-1), and those conditions must be removed (by filing the I-751) within 90 days of the 2 year anniversary of the conditional LPR status award date, which is the the date your wife arrives in the US (not the date the visa is issued in Thailand). [Note: removal of conditions is a common process in K1/fiancee situations as well.] A stepchild can also be given conditional LPR status as the child's visa is derivative of his/her mother's visa. If you have been married for longer than 2 years, then your wife will receive LPR status without conditions (IR-1).
This article discussed the process for US citizens residing in the US. If you are a US citizen and resident of Thailand (not a temporary visitor), there is a process known as Direct Consular Filing (DCF), where you can file your I-130 directly with the US Consular's Office in Thailand. This is the fastest way for a spouse to get her visa as it bypasses the normal USCIS route. This process will not be discussed here so check with the Embassy in Bangkok for more info.
Do you need a lawyer or a visa service to do all this paperwork? Most people don’t--if you do your homework, you can easily do everything yourself. However, since every case is different, you should carefully assess your situation and consult with a qualified immigration attorney as needed (avoid visa services in Thailand as some are scams). A common concern is, how long will all this take? It varies with each USCIS Service Center--check the "processing dates" section of the USCIS website. Again, the K3 option is available as discussed above, but there is no guarantee that it'll actually bring your wife any sooner. Also, see the "US Immigration Timeline" folder on TFB. With regard to naturalization (becoming a citizen) and travelling outside of the US, see the Post-K1 Nutshell. Remember, the information presented here is very basic--just a starting point. Feel free to post your questions on TFB, and for additional resources, see the following sites: USCIS ; US Embassy ; NVC ; and VisaJourney .
Good luck! (By Hono...4/20/06; contributed by Zenseeker)