K3/K4 Visa  

Luis, a US citizen, filed a petition for his wife more than a year ago. Until now, USCIS has not issued a decision yet and there seems to be no clear indication that it is imminent. In the meantime, he and his wife have been struggling to make their long distance relationship work and as they are not getting any younger, they also want to raise children and start their family life.

So what are the options available to Luis?

First, he can wait until his I-130 gets approved by USCIS and his case goes through the regular course of processing. Then it would go to the National Visa Center, pay the fees, submit the necessary documents and again, wait for a consular interview at the embassy.

Or, he can file a rarely used pathway which is the K3 visa petition. This is a petition filed by a US citizen who has a pending I-130, Petition for Alien Relative for his/her foreign spouse who is abroad. This is filed using Form I-129F, Petition for Alien Fiancé(e). This is the first step for the spouse and his or her children to obtain a visa to come to the United States while he/she waits for USCIS to make a decision on the Form I-130. If there are children involved, K4 petition is also available to them.

Take note that I qualified this route as rarely used because typically I-130s are not that long to get decided. But in cases where it applies, taking this option must be weighed very carefully depending on your specific circumstances. You have to consider the timing of possible approval of the I-130 as well as the costs associated with the K3/K4 beneficiaries once they come to the US and apply for a greencard.