K3
You have to file petition I-129F here with the INS and it has to be approved before your wife can apply for the visa at the consulate. The INS desk at the consulate will not accept any K3 petitions directly.
The conditions for applying for the K3 visa are: You are a U.S. Citizen married to a foreign spouse, and you have already filed petition I-130 for him/her. Here is the time line for the I-130/K-3 processing:
1. US citizen spouse files an I-130 to the Service Center for foreign spouse.
2. US citizen spouse receives a notice of action from the Service Center for this petition.
3. US citizen spouse then sends a copy of the notice of action (or proof of filing the I-130) with a completed I-129F form, other required documents, and $95 fee to the Chicago P. O. box INS address on the I-129F petition form.
4. The Chicago office checks the petition, deposits the $95 fee, and sends the petition on to the Missouri Service Center.
5. Missouri Service Center approves the petition and forwards it to the US consulate.
6. On the consulate side of things, the foreign spouse completes a process very similar to the K-1 process: receives a packet of forms/documents, gets a medical exam and police certificate, attends an interview, and gets the K3 visa.
7. The foreign spouse enters the US as a K3 to await the final processing of the I-130 petition. The foreign spouse is allowed to work but must have a work authorization card in order to do so. A separate request is filed with the INS to obtain work authorization.
8. The I-130 petitioner informs the INS (The regional center where the I-130 was filed) that the I-130 beneficiary is already in the U.S. and will not be applying for permanent residency at the Consulate abroad as originally indicated on the I-130.
9. After I-130 is approved, go through I-485 processing to obtain conditional permanent residency.
If you have completed steps 1 and 2, please proceed to step 3 to file petition I-129F. Please note that the K3 visa will be issued at a consulate in the country where the marriage took place. If the marriage took place in the U.S., then the K3 will be issued at the consulate in the current country of residence for the spouse.
Bobby