Married couples right to get a K-3

[mari]

Hello to all, by now you must have gotten used to have another gal here ... I read in some thread that married couples who had been married for 2 years have the right to be granted a visa. Is this a fact? If so, where can I find information about this? Thanks, I know this is the best source of information for anxious hearts like mine.

[tywy_99]

Visas to immigrate to the US is a privilege, not a right. Everyone has to go thru the same procedures regardless of status. However, couples married over two years do get top preference when applying for an immigrant visa. There are no conditions placed on the IR-1 visa but if the IR-1 couple decide to apply for a K-3 visa they will have to go thru the same K visa procedures as anyone else.

[Orrin]

The previous posting is correct. The husband must file an I-130 petition with the DCIS for an immigrant visa. If he is in China with you, and has a resident's permit (green book), he can file the I-130 petition directly at the GZ consulate. Without a "green book", however, he must mail the I-130 petition to the appropriate DCIS center in the U.S. This will lengthen the process considerably.