Important notice about k3 visa

[Rebecca Jo 1,962]

Yes, it's possible and even easy. If it was thought through, it also would have been easy to include that in the notice. What you have not thought through is that listing children does not directly indicate they wish to apply for visas or are even eligible. Further, there is no place on the I-129F petition to indicate whether the children intent to immigrate. The I-130 has a place to indicate whether petitions are being filed for other family members.

When USCIS changed their I-129F for spouse processing policy back in November of 2006, there were similar glitches. They began administratively cancelling I-129F petitions when the two were approved the same day. This left the families expecting K4 visas in bad spot. Within a few months they changed the policy and started forwarding both petitions to NVC again.

I expect this is part of the ongoing interagency battles on procedure. All USCIS has to do to thwart this new plan is to send the petitions to NVC separately.

I took your concern to be for the possible petitions of children following to join. Even if the I129F doesn't say whether the child will immigrate or not, the door is open to do so if the parent's visa is issued. We can only hope that NVC will not have forgotten the snafu from 2006 and implement a policy which preserves that potential to immigrate for listed children.

There used to be a game (five or six years ago) where the US spouse would file both petitions and the alien would enter the US on the K3 while the CR1/IR1 continued to percolate. Once an interview was scheduled the alien would return to the home country, interview, and return to the US on the CR1. Improved processing times (plus likely the involved agencies catching on) have made this tactic redundant.

At any rate, there are still likely couples who are playing the game of "which petition gets approved first" which doubles the workload for all involved agencies. Now that there is a proven track record of this game being moot, I see this policy change as being clearly within the bounds of common sense.

[pushbrk 12,824]

I took your concern to be for the possible petitions of children following to join. Even if the I129F doesn't say whether the child will immigrate or not, the door is open to do so if the parent's visa is issued. We can only hope that NVC will not have forgotten the snafu from 2006 and implement a policy which preserves that potential to immigrate for listed children.

There used to be a game (five or six years ago) where the US spouse would file both petitions and the alien would enter the US on the K3 while the CR1/IR1 continued to percolate. Once an interview was scheduled the alien would return to the home country, interview, and return to the US on the CR1. Improved processing times (plus likely the involved agencies catching on) have made this tactic redundant.

At any rate, there are still likely couples who are playing the game of "which petition gets approved first" which doubles the workload for all involved agencies. Now that there is a proven track record of this game being moot, I see this policy change as being clearly within the bounds of common sense.

Only if you/they don't think it through. We're going in circles. The children issue is going to catch a lot of people with their pants down and delay the reunification of families. Beyond that, the K3 was a perfect visa choice for many who need to freely come and go from the USA for a while before they immigrate. They don't qualify for B1 or B2 visas and clearly have immigrant intent even though not immediate. I've recommended the K3 here in the K3 forum for at least three couples this year already, where immediate immigration was not their intent.

DOS's assertion that the need for the K3 no longer exists when the I-130 is approved is simply wrong in many cases, even if the "many" is a small minority. In those cases, I expect NVC retains the power to administratively reopen cases they administratively closed.

[Rebecca Jo 1,962]

Only if you/they don't think it through. We're going in circles. The children issue is going to catch a lot of people with their pants down and delay the reunification of families. Beyond that, the K3 was a perfect visa choice for many who need to freely come and go from the USA for a while before they immigrate. They don't qualify for B1 or B2 visas and clearly have immigrant intent even though not immediate. I've recommended the K3 here in the K3 forum for at least three couples this year already, where immediate immigration was not their intent.

DOS's assertion that the need for the K3 no longer exists when the I-130 is approved is simply wrong in many cases, even if the "many" is a small minority. In those cases, I expect NVC retains the power to administratively reopen cases they administratively closed.

No, I'm not running in circles or trying to prove a thing. I'm talking about how your concerns might be addressed by DOS.

[pushbrk 12,824]

No, I'm not running in circles or trying to prove a thing. I'm talking about how your concerns might be addressed by DOS.

I could be addressed that way. If they had already thought it through, the notice would have addressed those concerns. It didn't, so I conclude it hasn't been thought through yet. They thought it through enough to develop a new policy and announce it without addressing obvious concerns. It's not the first time, nor will it be the last. I suspect feedback will cause revisions as it did with USCIS three years ago. Both these government agencies are apparently disregarding the actual law, in order to perpetuate their turf wars.

[In_AR_From_TX 0]

You have not filed a K3 application. You filed an I-130 petition for a spouse. Alone, this petition puts you on a CR1 visa path. After the petition is approved, your wife will be invited to apply for a visa, the CR1 visa. The notice means there is no reason to file the I-129F at all. Frankly, for the past three years K3 has not been reuniting families faster anyway. Just don't file the I-129F petition for your spouse. Follow the CR1 guide.

Thanks for the info!!

Stupid question time though, does it matter that since I included a cover letter with the I-130 and on it I stated I am applying for a K-3?

Thanks again

[jessarien 0]

Thanks for the info!!

Stupid question time though, does it matter that since I included a cover letter with the I-130 and on it I stated I am applying for a K-3?

Thanks again

Well even if you said on the cover sheet that you are applying for a k3 and it actually was I 130 that you had sent it will not matter. Don`t apply for a K3 , that is my suggestion to you. If anything it will add to the processing time of your I 130.

In a nutshell.... CAN you apply for a K3.... YES ..... Should you ??? ..... My suggestion ..... NO

[Amit-N-Melody 11]

In a nutshell.... CAN you apply for a K3.... YES ..... Should you ??? ..... My suggestion ..... NO

Amen brother!!

[pushbrk 12,824]

Amen brother!!

Actually, no, he can't, because he's a US Citizen. Only foreigners apply for visas. He can file an I-129F petition for his spouse but it's a bad idea.

[Captain Ewok 1,891]

I have posted this news to the News Section. Please shoot me a PM if you find information on this that we do not have yet. I am also willing to send your concerns via a Press Inquiry if you can draft up a well outlined "here are some issues" statement of the new policy (I noted in reading some potential impacts to families with this new policy).

Please use the following form to send me information so I will have it for sure and it will not slip between the cracks:

http://www.visajourney.com/contact/

[Amit-N-Melody 11]

Actually, no, he can't, because he's a US Citizen. Only foreigners apply for visas. He can file an I-129F petition for his spouse but it's a bad idea.

are we even talking about the same thing push?

[pushbrk 12,824]

are we even talking about the same thing push?

Yes, we are. I'm telling you that he can file a petition but he cannot apply for a K3 visa. Only a foreigner applies for a visa. We agree that to file the I-129F petition for a spouse in this case is a bad idea. For him to apply for a K3 visa is not an option.

Hint: Don't confuse a petition with a visa application. They are separate things.

[jessarien 0]

Actually, no, he can't, because he's a US Citizen. Only foreigners apply for visas. He can file an I-129F petition for his spouse but it's a bad idea.

Sorry , what I meant was "can he file an I 129f so his wife can apply for a k3....."

[Amit-N-Melody 11]

In a nutshell.... CAN you apply for a K3.... YES ..... Should you ??? ..... My suggestion ..... NO

Amen brother!!

Actually, no, he can't, because he's a US Citizen. Only foreigners apply for visas. He can file an I-129F petition for his spouse but it's a bad idea.

are we even talking about the same thing push?

Yes, we are. I'm telling you that he can file a petition but he cannot apply for a K3 visa. Only a foreigner applies for a visa. We agree that to file the I-129F petition for a spouse in this case is a bad idea. For him to apply for a K3 visa is not an option.

Hint: Don't confuse a petition with a visa application. They are separate things.

Hint: If you are confused on what I am saying then please verify before jumping to conclusions, I thought I was clear but evidently I needed to spell it out for others.......

In my opinion, should you apply for a K3 visa? No... can you still apply for a K3? yes, but they are unlikely to do anything with you I-129f petition

I thought when you cut and highlight a quote, that you could just reference to that statement, didnt know I had to reply to the WHOLE context of the post... my bad..

[pushbrk 12,824]

I'm just pointing out the difference between filing a petition and applying for a visa. It is always helpful to use the correct terminology. There are numerous examples of confusion that occur as a result of referring to a petition as a visa application.

[Amit-N-Melody 11]

I'm just pointing out the difference between filing a petition and applying for a visa. It is always helpful to use the correct terminology. There are numerous examples of confusion that occur as a result of referring to a petition as a visa application.