I-129F (K-3 Visa) Cancelled

[calamitka 0]

We called twice. Second time we learned that folder where I-129F was now is empty.Officer told us to check with NVC if they have it probably to get rid of us. So we wrote to the ombuds. his answer was: ask the uscis customer service. We are so tried of uscis, we gave up.In February I'll apply for turist visa, almost no chances to get one but oh well.

BTW I see somewhere on this forum link to the teleconference (you need to sign on)on January 31(3-4 p.m) with omb. about :How K3 work for you. I'm thinking to participate even though my less than ok English.

Then they need to post a public notice that they are no longer processing K3 visas. Otherwise what they are doing is fraud. They are stating that they offer a service, take your money, refuse a refund and refuse to give you what you paid for. It's a scam.

Well, technicly there is no fee for K3 since July 30,also as Nita reports they no longer process I-129 petition received AFTER that date but due to VJ timeline this is not true. Right? Maybe they gamble whose to chose to cancel a petition.

Kat congrats on your approval.

[Marlita 1]

We called twice. Second time we learned that folder where I-129F was now is empty.Officer told us to check with NVC if they have it probably to get rid of us. So we wrote to the ombuds. his answer was: ask the uscis customer service. We are so tried of uscis, we gave up.In February I'll apply for turist visa, almost no chances to get one but oh well.

BTW I see somewhere on this forum link to the teleconference (you need to sign on)on January 31(3-4 p.m) with omb. about :How K3 work for you. I'm thinking to participate even though my less than ok English.

Then they need to post a public notice that they are no longer processing K3 visas. Otherwise what they are doing is fraud. They are stating that they offer a service, take your money, refuse a refund and refuse to give you what you paid for. It's a scam.

Actually there's NO additional fee to apply for a K3 visa. That started when the fees went up last july, so right now K3 is just an option that includes additional paperwork out of the petitioner.....this means USCIS can cancel the process when they want. To me....it sounds as if they are preparing to slowly but surely do away with the K3 option.

[Marlita 1]

I actually just thought of this:

It seems like alot of wasted time to have both the CR1 and K3 being worked on at the same time for one petitioner. What i mean is, there are people who file K3 which means they have an I129F and I130 petititon at USCIS. USCIS works on the BOTH of them instead of just one, because in the end and NOA2 is issued on BOTH cases. Why does that need to happen? If USCIS just worked on 1 package 130 or 129F then they could essentially have more staff to focus on getting the petitions moving. It defintely seems that there is one set of workers doing I130's and another set doing I129F's. If you are a K3 filer your case is using 2 workers instead of just 1 like the K1, and CR1 visas use. Either your in THIS group or THAT group. With K3 your in BOTH! I think USCIS is seeing the inefficiency on their part for having this setup and that may be why they feel the need to do away with the K3.

I know it doesnt sound good to a K3 filer but in the long run this may help gets petitions out of USCIS and on their way much faster so that by the time visa is in hand not much time has passed. Think about it...if your petition wasn't just sitting at USCIS for 5 months waiting for an NOA2 you could be well on your way to getting that visa alot faster. NVC isn't moving that slow, actually they seem rather fast right now. Of course you still have to wait for the interview, but I think I read that NVC is now assigning interviews at the embassy and not the embassy itself anymore.

[hheaven67 2]

If this is the case, unless they pay attention (which I highly doubt) if there's dependents under the age of 16 involved, we'll be screwed as we didn't send in an I-130 for my almost 16 yr old son! If they cancel the K3, then we would have to apply for yet another I-130 for him and pray that they push it thru to catch up to my I-130! There's more things to worry about for us as we don't know what happens when my son turns 16 in May...will they want him to have his own medical, etc? It's bad enough that we had to wait 51 days till our I-130 NOA1, the whole thing will end up taking over a year if this is the case. We hoping to move to California in the summer, hoping that things work out so that my son can start his grade 11 at the beginning of the school year. This is just a mess! I guess it seems to depend upon WHO is making that decision & what mood they're in that day... not following any sort of process set out as nothing says that they've put a fork in K3's!

Good luck to everyone enduring the nonsense!

jen

[Marlita 1]

Oh wow! I have no idea what happens when you have children involved....is that a K2 visa you applied for? yeah it seems there's still alot of logistics that need to be worked out on this cancelling the K3 thing. I guess since i've been on VJ for awhile I kinda already saw how long things realistically took so I already had in myhead that it could take 9-12 months for a CR1 visa to approve and I was fine with that. i am hoping it doesnt go to much further than that.

[calamitka 0]

I actually just thought of this:

It seems like alot of wasted time to have both the CR1 and K3 being worked on at the same time for one petitioner. What i mean is, there are people who file K3 which means they have an I129F and I130 petititon at USCIS. USCIS works on the BOTH of them instead of just one, because in the end and NOA2 is issued on BOTH cases. Why does that need to happen? If USCIS just worked on 1 package 130 or 129F then they could essentially have more staff to focus on getting the petitions moving. It defintely seems that there is one set of workers doing I130's and another set doing I129F's. If you are a K3 filer your case is using 2 workers instead of just 1 like the K1, and CR1 visas use. Either your in THIS group or THAT group. With K3 your in BOTH! I think USCIS is seeing the inefficiency on their part for having this setup and that may be why they feel the need to do away with the K3.

I know it doesnt sound good to a K3 filer but in the long run this may help gets petitions out of USCIS and on their way much faster so that by the time visa is in hand not much time has passed. Think about it...if your petition wasn't just sitting at USCIS for 5 months waiting for an NOA2 you could be well on your way to getting that visa alot faster. NVC isn't moving that slow, actually they seem rather fast right now. Of course you still have to wait for the interview, but I think I read that NVC is now assigning interviews at the embassy and not the embassy itself anymore.

You absolutely right,VJ member pushburk predicted end of K3. Personaly instead of K3 I would create some type of nonimmigrant visa for u.s. citizens spouses for traveling purpose ,processes in one day at embassy without AOS possibility after entry US.

[calamitka 0]

Raising the fee in July shows that at uscis first decision is made and after there is handlling the consequences. K2 might become one of it. I 'm sorry. However nothing is official yet, which only worses things.

[MsZ 6]

There was a story on NPR the other day about the effect of the fee increase and how they didn't anticipate the number of applicants that would pour in in order to save some money. The steep increase was pretty severe... they could have staggered it for different applications and smoothed the response. But they didn't think. And of course now people are calling foul and that this is about the election, etc. but it was simply poor planning.

[Nita&Assaad 0]

I am so upset, I just got off the phone with USCIS used the RFE line and they advise me that because of the new guidelines as of July 30, 2008, K-3 visas are no longer being worked on, they are being cancelled. Just 1-130 and that is being held up because of additional security check =( I started to cry because I think it can take up to additional 6 months more for my husband to come…They advise me that it won’t take that long and they would call me, they even asked for my phone number.. But I just don’t believe it anymore. I am so depress and so angry with the system. It doesn’t make sense at all.. Can I ask if this has happen to anyone before? And if so how did you Proceeded??? How long did you wait for approval of I-130 ... I can't take this stress any longer

HELP

Hi! i am sorry! what do you mean however by july 30 2008. We're in january 2008. Was it a typo? Did u mean july 2007?

Hi yes sorry typo, I mean to put July 2007

[Gaby&Talbert 1]

Wouldnt it require an ammendment to the INA law to eliminate the k3? If USCIS was smart they would just give the option at the time of I-130 approval to proceed with K3 or CR1. The K3 process only cuts out the work for the NVC. The USCIS has to do it in the AOS process instead.

[Jimmy and Angela 0]

ok i just got off the phone with CSC. The person there told me that they are closing my I-129F because they are doing away with them since the I-130s are moving faster (LOL) and that once my K-3 is closed they will adjudicate my I-130 and I should check back in 2 weeks.

Edited January 28, 2008 by Jimmy and Angela

[Jimmy and Angela 0]

oh yea i forgot

She first asked me if I paid for the I129F. I replied no

[steve&mary 1]

Hello all, I just posted on the July K3 Filers. After all the rumors in the forums my husband wanted to talk to someone at USCIS so he just called. This is what he just emailed me:

A very nice lady by the name of Officer Mangan today. Nothing exceptional. She said they are working on July 31/08. That does not mean and actual day it's a time frame. She said ours should be ajudicated very soon but it has not been assigned an officer yet. When it is assigned an officer things will go quick, either approval or RFE. I continued to ask questions and shew was very very polite ended our conversation with thank you very much thank you for your patience. She took my number and said she will be off phones tomorrow and will find our file to make certain it's in the correct location then call me and tell me whats up.?.!? Let's hope she actually calls!

This was due to all my I129F questions. She really was uncertain herself. It seems that yes any I129F application w/out fee (after july 31st) will be cancelled upon the approval of their I130. I said, so we will not be given an option between the Immigrant I130 and Non-immigrant K3 I129F? USCIS is going to make that choice for us? She was uncertain at that point! I said, we would have paid the fee if that was the case but USCIS waived the fees. She really didn't know after she thought about it from that perspective.

Also, I mentioned the Ghana person and Mexico person who have been approved with dates later than ours. She said did they have I129F K3's? I don't know? That could be the difference, she said. So the I129F NON IMMIGRANT process may have hurt rather than helped? Again she was unsure but said possibly!!!> This is why she is suppose to be looking into it for us and calling back tomorrow. I asked her to look into our file to see if the I129F has delayed us? She said okay.

So, it seems that even within USCIS/CSC they are confused! We are in their hands, and they have no clue what they are doing!

[Gaby&Talbert 1]

Hello all, I just posted on the July K3 Filers. After all the rumors in the forums my husband wanted to talk to someone at USCIS so he just called. This is what he just emailed me:

A very nice lady by the name of Officer Mangan today. Nothing exceptional. She said they are working on July 31/08. That does not mean and actual day it's a time frame. She said ours should be ajudicated very soon but it has not been assigned an officer yet. When it is assigned an officer things will go quick, either approval or RFE. I continued to ask questions and shew was very very polite ended our conversation with thank you very much thank you for your patience. She took my number and said she will be off phones tomorrow and will find our file to make certain it's in the correct location then call me and tell me whats up.?.!? Let's hope she actually calls!

This was due to all my I129F questions. She really was uncertain herself. It seems that yes any I129F application w/out fee (after july 31st) will be cancelled upon the approval of their I130. I said, so we will not be given an option between the Immigrant I130 and Non-immigrant K3 I129F? USCIS is going to make that choice for us? She was uncertain at that point! I said, we would have paid the fee if that was the case but USCIS waived the fees. She really didn't know after she thought about it from that perspective.

Also, I mentioned the Ghana person and Mexico person who have been approved with dates later than ours. She said did they have I129F K3's? I don't know? That could be the difference, she said. So the I129F NON IMMIGRANT process may have hurt rather than helped? Again she was unsure but said possibly!!!> This is why she is suppose to be looking into it for us and calling back tomorrow. I asked her to look into our file to see if the I129F has delayed us? She said okay.

So, it seems that even within USCIS/CSC they are confused! We are in their hands, and they have no clue what they are doing!

This should not be allowed especially for consulates that process k visas faster than CR/IR visas. In Juarez Mexico once the consulate receives a k visa they schedule an appointment within a month or two but for CR/IR visa it is 9 to 12 months before they schedule an appointment.