Comments on the K-3 Situation

[pushbrk 12,882]

Furthermore, what happens de facto if your I-130 is approved before your I-129F? In an immigration book ("Fiancé and Marriage Visas", by Ilona Bray, 4th edition, p. 146, I read: "(...) If the I-130 petition is approved before your interview and the paperwork gets forwarded to the consulate, you're no longer eligible for a K-3 visa, and will have to go through the entire immigrant visa application process. (The concept behind the K-3 visa is to compensate for the delays experienced by married couples as they wait for approval of their form I-130.) But it is unlikely that the I-130 petition will be approved until after you've arrived in the United States".

So I am kinda puzzled by all these early I-130 approvals... and the possibility one still has after this, to still hold on to the K-3 visa, whether this is interesting anyway (timewise, I do not care so much of the bigger paper hassle for the Adjustment of Status once in the US), and - if not possible - what this will mean timewise.

Do you know what the de facto difference in processing times of the NVC is? (the Consulate, I assume, varies from place to place.)

All of this makes me wish we had just applied for a K-1 visa anyway.

Take care.

Cat

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Things change too fast in the visa process to use a book as your guide. The information you need can be found here. Welcome to VJ.

[immillpind 0]

how can you write a book on this subject, this stuff changes weekly...

[Catt 6]

Things change too fast in the visa process to use a book as your guide. The information you need can be found here. Welcome to VJ.

I never said I only used a book as a guide...

The USCIS website (with their press room messages) are necessary to keep up to date (though they until don't really provide answers about the stuff all of you have been mentioning about the recent I-130 and K-3 problems (no recent press release about that)).

And apart from that websites such as this one and immigration manuals are indeed handy.

Edited March 21, 2008 by CatherineK

[ColombianoGringo 0]

I have to agree with the others. By virtue of the time involved in publishing, printing and distributing a book about these types of visas, it would be obsolete the minute it went on sale. Maybe one day USCIS will get their house in order and quit changing things constantly. Then a book might be more useful.

[Catt 6]

I have to agree with the others. By virtue of the time involved in publishing, printing and distributing a book about these types of visas, it would be obsolete the minute it went on sale. Maybe one day USCIS will get their house in order and quit changing things constantly. Then a book might be more useful.

Hi, I agree with you that manuals will become outdated, and books on topics that evolve rapidly, like immigration topics, will be outdated sooner than later. However, as long as you take that into account when you read them, and don't just follow them to the letter, then they can still be usefull.

Sure, the immigration stuff changes, but that doesn't mean it changes that drastically every two minutes that the basics also change that fast.

We bought a few of such manuals to get a general feel of US immigration, and one of the books, along with the updated stuff printed from USCIS and websites as ***removed*** and visajourney, has been useful in filling out our applications and getting them ready, .

It's really up to each person to decide for themselves how they get informed. If someone doesn't feel like reading those books, then they shouldn't do it, I don't really care eitherway.

This whole argument is besides the point anyway. I wrote my post to get a clearer idea of what the current situation is for K-3 applications that are being treated by Vermont and are still ongoing, in order to know what still lies ahead. (The quote from that book was exactly meant for that: I am curious if that still applies.)

But I guess at this point, it is still too early to really tell more in general how long it'll take, if the I-130 will get approved before the I-129F or not and what the consequence of this will be.

Take care.

[ColombianoGringo 0]

After getting our approval yesterday, I was commenting to my wife that VJ saved us a few thousand dollars on a useless immigration attorney. We used the money towards a nice Caribbean vacation instead. I looked at a few other sites, but I got all the info I needed from VH.

I hope your case goes a lot more quickly than ours. 236 days is a joke!

Edited March 21, 2008 by ColombianoGringo

[pushbrk 12,882]

But I guess at this point, it is still too early to really tell more in general how long it'll take, if the I-130 will get approved before the I-129F or not and what the consequence of this will be.

Take care.

If you read the press release I gave the link to, you'll find that it is extremely unlikely either petition will be approved before the other. The intention and practice is as described in that press release. Any recent deviation seems to have been somewhat isolated and temporary. If I were you, I would set my expectations to match those in the press release I linked. Unless you really prefer the immigrant visa, there's nothing for you to do but follow the K3 track as if there were no possibility of an immigrant visa.

Old books and guides will have both petitions following separate tracks. That would be highly unlikely now.

[Catt 6]

By the way ColumbianaGringo:

CONGRATS on getting your approvals for your I-130 and 129-F!!

You guys have been waiting a long time already, must be a great feeling to finally move a step forward.

Hope things speed up for you now.

Take care,

Cat.

[Sky2k 0]

Here is the list of K3 as of March 24. There are approval from CSC for K3, but VSC is still approving K3 only with I-130. So, no K3 from VSC.

K3_AsOf_March24.htm

[Enlighten one :) 5]

Hello Skyke,

Thank you for the link. I utilized it to send a link to the CIS Ombusman. Can I recemend that when you creat the list hid the Country and keep the Embassy. This way the list will not be as long. I tried to upload the htm as an attachement but i could not get it to work. what am i doing wrong?

Copy of letter to Ombusdman:

Attention CIS Ombudman:

The confusion on USCIS new self-created policy on administratively closing I129f petition is causing much hardship on petitioners. We has United State Citizens have a right to be informed on this new policy. Through timelines posted in a forum VIsajourney.com it appears that the California Service Center is back on track with approving the I129f petitions, But the Vermont Service Center is still Ignoring (administratively closing) without any notification to the petitioner.

This new policy has petitioners waiting for the I129f approval without any notification that it will be ignored at the Vermont Service Center. We the petitioner deserve a notice of action on these petitions. One center(California) can not approve the I130 and the I129f, while Vermont ignores the petitioners request for a notice of action on their I129f.

The visajourney website is a cohesive forum that keeps better track of the USCIS timelines. Please visit the link below that expresses my concerns around the Vermont Service Center. This timeline is created when VisaJourney Users put in their petitioning information, It is comprehensive and accurate to the person entering the information.

http://www.visajourney.com/forums/index.php?act=attach&type=post&id=6543

I was told by an USCIS office that my case of was administratively closed. Then when I called back I was told that the USCIS will not close your case that they are working on September 20^th, 2008 and yours will come up soon. HE also stated that if I do not receive a NOA in a month to call back. No who should I listen to? I have been waiting since September for this I129f petition, while I have an approved I130 petition. The waiting period at my husband’s embassy is 7-9 months for a CR1 interview and for a K3 it is 1-2 months.

Under the LIFE act I have a right to utilize my pending I129f petition for a K3 Visa.

The petitioners need to be informed.

Sincerely,

Melissa V Ayotte

Here is the list of K3 as of March 24. There are approval from CSC for K3, but VSC is still approving K3 only with I-130. So, no K3 from VSC.

K3_AsOf_March24.htm

[Sky2k 0]

Lurking,

If you are sending a letter or email to Ombudsman, I would also suggest that you ask that why VSC is moving so fast on K1 that they're approving

K1 petitions from Jan and Feb of 2008 which means K1 approved in 30-60 days and not moving on K3.

Hello Skyke,

Thank you for the link. I utilized it to send a link to the CIS Ombusman. Can I recemend that when you creat the list hid the Country and keep the Embassy. This way the list will not be as long. I tried to upload the htm as an attachement but i could not get it to work. what am i doing wrong?

Copy of letter to Ombusdman:

Attention CIS Ombudman:

The confusion on USCIS new self-created policy on administratively closing I129f petition is causing much hardship on petitioners. We has United State Citizens have a right to be informed on this new policy. Through timelines posted in a forum VIsajourney.com it appears that the California Service Center is back on track with approving the I129f petitions, But the Vermont Service Center is still Ignoring (administratively closing) without any notification to the petitioner.

This new policy has petitioners waiting for the I129f approval without any notification that it will be ignored at the Vermont Service Center. We the petitioner deserve a notice of action on these petitions. One center(California) can not approve the I130 and the I129f, while Vermont ignores the petitioners request for a notice of action on their I129f.

The visajourney website is a cohesive forum that keeps better track of the USCIS timelines. Please visit the link below that expresses my concerns around the Vermont Service Center. This timeline is created when VisaJourney Users put in their petitioning information, It is comprehensive and accurate to the person entering the information.

http://www.visajourney.com/forums/index.php?act=attach&type=post&id=6543

I was told by an USCIS office that my case of was administratively closed. Then when I called back I was told that the USCIS will not close your case that they are working on September 20^th, 2008 and yours will come up soon. HE also stated that if I do not receive a NOA in a month to call back. No who should I listen to? I have been waiting since September for this I129f petition, while I have an approved I130 petition. The waiting period at my husband’s embassy is 7-9 months for a CR1 interview and for a K3 it is 1-2 months.

Under the LIFE act I have a right to utilize my pending I129f petition for a K3 Visa.

The petitioners need to be informed.

Sincerely,

Melissa V Ayotte

Here is the list of K3 as of March 24. There are approval from CSC for K3, but VSC is still approving K3 only with I-130. So, no K3 from VSC.

K3_AsOf_March24.htm

Edited March 25, 2008 by Sky2k

[Enlighten one :) 5]

Too late sent with typos and all. I never reread what I write. You should right a letter regarding the K1 approvals going so quickly while we wait. send it to there email as I did.

Lurking,

If you are sending a letter or email to Ombudsman, I would also suggest that you ask that why VSC is moving so fast on K1 that they're approving

K1 petitions from Jan and Feb of 2008 which means K1 approved in 30-60 days and not moving on K3.

Hello Skyke,

Thank you for the link. I utilized it to send a link to the CIS Ombusman. Can I recemend that when you creat the list hid the Country and keep the Embassy. This way the list will not be as long. I tried to upload the htm as an attachement but i could not get it to work. what am i doing wrong?

Copy of letter to Ombusdman:

Attention CIS Ombudman:

[/size]

The confusion on USCIS new self-created policy on administratively closing I129f petition is causing much hardship on petitioners. We has United State Citizens have a right to be informed on this new policy. Through timelines posted in a forum VIsajourney.com it appears that the California Service Center is back on track with approving the I129f petitions, But the Vermont Service Center is still Ignoring (administratively closing) without any notification to the petitioner.

This new policy has petitioners waiting for the I129f approval without any notification that it will be ignored at the Vermont Service Center. We the petitioner deserve a notice of action on these petitions. One center(California) can not approve the I130 and the I129f, while Vermont ignores the petitioners request for a notice of action on their I129f.

The visajourney website is a cohesive forum that keeps better track of the USCIS timelines. Please visit the link below that expresses my concerns around the Vermont Service Center. This timeline is created when VisaJourney Users put in their petitioning information, It is comprehensive and accurate to the person entering the information.

http://www.visajourney.com/forums/index.php?act=attach&type=post&id=6543

I was told by an USCIS office that my case of was administratively closed. Then when I called back I was told that the USCIS will not close your case that they are working on September 20^th, 2008 and yours will come up soon. HE also stated that if I do not receive a NOA in a month to call back. No who should I listen to? I have been waiting since September for this I129f petition, while I have an approved I130 petition. The waiting period at my husband’s embassy is 7-9 months for a CR1 interview and for a K3 it is 1-2 months.

Under the LIFE act I have a right to utilize my pending I129f petition for a K3 Visa.

The petitioners need to be informed.

Sincerely,

Melissa V Ayotte

Here is the list of K3 as of March 24. There are approval from CSC for K3, but VSC is still approving K3 only with I-130. So, no K3 from VSC.

K3_AsOf_March24.htm

[Jimmy and Angela 0]

Well I called NVC today and they have my K3 but not I-130. gave me my case number and said it would be forwarded soon to the embassy

[Karaoke 0]

Lurking, which email did you send this to? Let us know if you get any replies.

I think it used to take 2-3 months to get a K-3 approved in 2006 at VSC. Now it is not clear what they are doing.

I-130 NOA2 seem to take 6 months as of now, but with an improvement trend...

I am now wondering if filing the K-3 petitions was a mistake... We filed the I-130 and the I-129F this month hoping that it's better to have two horses in the race... I do not mind if they cancel my I-129F AND approve my CR1 in 3 months, but if -like it seems at the moment- the NOA2 for either of those petitions is around 6 months (if you are lucky), then I hope that at least I can get the K-3, so that the NVC process (and perhaps the embassy too) are faster...

I am not an expert in statistics, but I think that the peak of Jul, Aug and Sep. should be out of the system by now!!!

WHEN is VSC going to go back to 2006 levels?

Too late sent with typos and all. I never reread what I write. You should right a letter regarding the K1 approvals going so quickly while we wait. send it to there email as I did.

Lurking,

If you are sending a letter or email to Ombudsman, I would also suggest that you ask that why VSC is moving so fast on K1 that they're approving

K1 petitions from Jan and Feb of 2008 which means K1 approved in 30-60 days and not moving on K3.

Hello Skyke,

Thank you for the link. I utilized it to send a link to the CIS Ombusman. Can I recemend that when you creat the list hid the Country and keep the Embassy. This way the list will not be as long. I tried to upload the htm as an attachement but i could not get it to work. what am i doing wrong?

Copy of letter to Ombusdman:

Attention CIS Ombudman:

[/size]

The confusion on USCIS new self-created policy on administratively closing I129f petition is causing much hardship on petitioners. We has United State Citizens have a right to be informed on this new policy. Through timelines posted in a forum VIsajourney.com it appears that the California Service Center is back on track with approving the I129f petitions, But the Vermont Service Center is still Ignoring (administratively closing) without any notification to the petitioner.

This new policy has petitioners waiting for the I129f approval without any notification that it will be ignored at the Vermont Service Center. We the petitioner deserve a notice of action on these petitions. One center(California) can not approve the I130 and the I129f, while Vermont ignores the petitioners request for a notice of action on their I129f.

The visajourney website is a cohesive forum that keeps better track of the USCIS timelines. Please visit the link below that expresses my concerns around the Vermont Service Center. This timeline is created when VisaJourney Users put in their petitioning information, It is comprehensive and accurate to the person entering the information.

http://www.visajourney.com/forums/index.php?act=attach&type=post&id=6543

I was told by an USCIS office that my case of was administratively closed. Then when I called back I was told that the USCIS will not close your case that they are working on September 20^th, 2008 and yours will come up soon. HE also stated that if I do not receive a NOA in a month to call back. No who should I listen to? I have been waiting since September for this I129f petition, while I have an approved I130 petition. The waiting period at my husband’s embassy is 7-9 months for a CR1 interview and for a K3 it is 1-2 months.

Under the LIFE act I have a right to utilize my pending I129f petition for a K3 Visa.

The petitioners need to be informed.

Sincerely,

Melissa V Ayotte

Here is the list of K3 as of March 24. There are approval from CSC for K3, but VSC is still approving K3 only with I-130. So, no K3 from VSC.

K3_AsOf_March24.htm

[ColombianoGringo 0]

charisma, It looks like they are currently going by the Priority Date(Received Date) for the I-130 to determine processing order. The NOA1 dates for either petition seem to be immaterial at this point. If you look at the data for most recent I-129F approvals, you'll see that the only correlation appears to be those I-130 Priority Dates. For example, I sent my petitions together and my NOA1 for the I-129F is only two days later than that of the I-130. In the end, it didn't hurt, but it didn't help either since I got processed at the same time as other who sent their I-130 around the same time regardless of when they sent their I-129F.

You can see this trend in the data at this link

http://www.visajourney.com/timeline/k1list...ll&dfile=No

This is fair I suppose, but it negates the benefit of the K-3 at least where USCIS is concerned. However, the process through NVC and on to the consulate is significantly faster for the K-3. In some countries such as Canada, the difference can add up to several months.

Edited March 25, 2008 by ColombianoGringo