Comments on the K-3 Situation

[Firstenburg 0]

So here is a thought, and a question at the same time...

Isn't it better that the K3 get cancelled, if they are taking approx the same time to process? The K3 may shave a few weeks off getting your spouse here, but doesn't the K3 require that you jump through a bunch of administrative hoops (AOS, etc) that are taken care of with the I-130? I may not understand the K3 correctly. But for those who are wanting USCIS to reopen the K3, I think you might not like it if they did. It seems you would only be prolonging your USCIS-suffering.

If I'm wrong, please clarify for me.

[SaysWho 3]

So here is a thought, and a question at the same time...

Isn't it better that the K3 get cancelled, if they are taking approx the same time to process? The K3 may shave a few weeks off getting your spouse here, but doesn't the K3 require that you jump through a bunch of administrative hoops (AOS, etc) that are taken care of with the I-130? I may not understand the K3 correctly. But for those who are wanting USCIS to reopen the K3, I think you might not like it if they did. It seems you would only be prolonging your USCIS-suffering.

If I'm wrong, please clarify for me.

It really depends on what country the spouse is coming from. For us we would wait about 1 month for a K3 interview (as it would happen in Vancouver) or wait about 6 months for an IR1/CR1 (I-130) interview (as that kind are only booked in Montreal). So, for some of us, going with the I-130 would add a huge delay in being with our loved one. We continue to pray for a K-3!

[Enlighten one :) 5]

Yes thank you Elbereth. That is exactly what I needed.

Well not right now, but next month I will.

Do you think that if we massively sent CIS Ombudsman that form requesting that our K3s are kept, maybe they'll force USCIS to process them?

[Enlighten one :) 5]

• My case is pending
• My case has been approved
• My case has been denied

Where is my case was administratively closed?

per USCIS Administrative closing of a case does not result in a final order. It is merely an administrative convenience which allows the removal of cases from the calendar in appropriate situations.

Edited February 27, 2008 by Lurking

[Nita&Assaad 0]

Do you think that if we massively sent CIS Ombudsman that form requesting that our K3s are kept, maybe they'll force USCIS to process them?

I tried this, lets see what happens, they advised me that USCIS has 45 days to response to me, but nothing about anything else....

[Enlighten one :) 5]

Fee Waiver Guidelines as Established by the Final Rule of the Immigration and Naturalization Benefit Application and Petition Fee Schedule (AFM Update AD07-19)

(3) Submission of Both Fee and Fee Waiver Request. When a form is submitted with both the appropriate fee for the form and a fee waiver request, the form should be processed, if otherwise acceptable, as properly filed with fee. No subsequent consideration should be given to, nor action taken on the fee waiver request.

[Nita&Assaad 0]

So here is a thought, and a question at the same time...

Isn't it better that the K3 get cancelled, if they are taking approx the same time to process? The K3 may shave a few weeks off getting your spouse here, but doesn't the K3 require that you jump through a bunch of administrative hoops (AOS, etc) that are taken care of with the I-130? I may not understand the K3 correctly. But for those who are wanting USCIS to reopen the K3, I think you might not like it if they did. It seems you would only be prolonging your USCIS-suffering.

If I'm wrong, please clarify for me.

In my case, the K-3 visa would be better because with I-130 my hubby would probably go into AP for being from Lebanon and K-3 would be faster for him to come be with me.... I am at my wit ends

[Enlighten one :) 5]

(B) The Freedom of Information Act .

(1) General . The Freedom of Information Act (FOIA) 5 U.S.C 552, provides access to all Federal agency records except those which are protected from release by exemptions (reasons an agency may deny access to a requester). The FOIA can be used by anyone to access government records regardless of citizenship. The FOIA only applies to the Executive Branch of the Federal government. It does not apply to Congress, the courts, local governments or private organizations. Requests for access to USCIS records under the FOIA must be in writing (by letter or by Form G-639 Freedom of Information/ Privacy Act Request) and when received must immediately be forwarded to the FOIA/PA officer for proper handling.

[Nita&Assaad 0]

so you think that means that I can write to the USCIS and ask to see my case and it's findings???

[Enlighten one :) 5]

Same with me 8-12 months. I just looked all over the USCIS site and could not find any information regarding Administratively close cases. NONE They have to provide you the information regarding what substitute a ACC. New acronym. lol

It is the law that they provide you with that information. You have to request it in writing.

I found the manual for employees on the site. i read their customer service requirement. You all should read it, then call the USCIS. Then you can state that you do not think there attitude is in accordance with their policy manual.

So here is a thought, and a question at the same time...

Isn't it better that the K3 get cancelled, if they are taking approx the same time to process? The K3 may shave a few weeks off getting your spouse here, but doesn't the K3 require that you jump through a bunch of administrative hoops (AOS, etc) that are taken care of with the I-130? I may not understand the K3 correctly. But for those who are wanting USCIS to reopen the K3, I think you might not like it if they did. It seems you would only be prolonging your USCIS-suffering.

If I'm wrong, please clarify for me.

In my case, the K-3 visa would be better because with I-130 my hubby would probably go into AP for being from Lebanon and K-3 would be faster for him to come be with me.... I am at my wit ends

[Enlighten one :) 5]

Yes and they have to provide you with any memo, policy, procedure around Admin closing cases. Matter a fact. I am going to write for the information tomorrow.

so you think that means that I can write to the USCIS and ask to see my case and it's findings???

I even read the step and ink and stamp the use to approve petitions with. I seen what they have to do and who they forward denied cases to, but not one thing around admin closed cases.

I will look more tomorrow. I have been reading all night. I am tired.

[Nita&Assaad 0]

WOW - I wish I could do that, but my computer at home has a virus and now I have to read stuff at work.... Are you finding all this on the USCIS website????

By the way which country is your Spouse from? If you don't mind me asking??

Nita

[Enlighten one :) 5]

Yes, I could tell you the USCIS office dress code.

My husband is in Nigeria. Very difficult embassy. I am a bible follower and know i do not have any control over when my husband gets here. I can pray and ask for help daily, but if I am not ready or he is not ready he will not be here.

You know though, it is the injustice that gets me going. I will have scowered the whole website by the time my petition comes up.

WOW - I wish I could do that, but my computer at home has a virus and now I have to read stuff at work.... Are you finding all this on the USCIS website????

By the way which country is your Spouse from? If you don't mind me asking??

Nita

[Panki 0]

Folks -

There has been ongoing threads about this being the case or not that once I-130 is approved, any pending K-3 is cancelled. Well, I was approved this past week on I-130 but unfortunately was also made aware that K-3 was cancelled. THIS DEVASTATED ME.

So it is a mixed bag of feelings. I was hoping the K-3 would go through so I could possibly be woth my wife in about 2-3 months instead of now maybe 6-8 months or so. For all with the arguments that it is now roughly the same wait times between the 2 processes, IT IS NOT. IT IS NOT. And for some countries, it is a huge difference 1 year or so which is a long time. I realize everyone has different patience thresholds and I respect that but for me/wife it is a long time. I am dreadind having the conversation with her that this just happened as I have told here springtime/early summer is when we would be united.

My question to anyone in this situation is that : Is there anything we as petitioners can do to Re-vive the K-3. I mean K-3 was ONLY created to alleviate and decrease these painful wait timelines so why are we moving backwards. USCIS is taking the easy way out again, to help thier own processes and using their rationale to tell us that

Take care all and look forward to some helpful feedback!

[pushbrk 12,824]

Folks -

There has been ongoing threads about this being the case or not that once I-130 is approved, any pending K-3 is cancelled. Well, I was approved this past week on I-130 but unfortunately was also made aware that K-3 was cancelled. THIS DEVASTATED ME.

So it is a mixed bag of feelings. I was hoping the K-3 would go through so I could possibly be woth my wife in about 2-3 months instead of now maybe 6-8 months or so. For all with the arguments that it is now roughly the same wait times between the 2 processes, IT IS NOT. IT IS NOT. And for some countries, it is a huge difference 1 year or so which is a long time. I realize everyone has different patience thresholds and I respect that but for me/wife it is a long time. I am dreadind having the conversation with her that this just happened as I have told here springtime/early summer is when we would be united.

My question to anyone in this situation is that : Is there anything we as petitioners can do to Re-vive the K-3. I mean K-3 was ONLY created to alleviate and decrease these painful wait timelines so why are we moving backwards. USCIS is taking the easy way out again, to help thier own processes and using their rationale to tell us that

Take care all and look forward to some helpful feedback!

Please help us help you by being as specific and detailed as possible about how you came to know your I-129F was cancelled. Please update your timeline too.

Edited February 29, 2008 by pushbrk