Comments on the K-3 Situation

[Phil and Reem 0]

I wonder at this point why people are still acting as if the K-3 (I-129F) petition is available...it seems by all evidence that it is not. From members reporting having their I-129F petition administratively closed (if filed after July 2007), calls made to USCIS reps, as well as from inquires made through congressional inquires, everything indicates no more K-3s...at least for now.

Is this legal as far as administrative law is concerned? I don't know but I do wonder. I think the USCIS may be using the fact that since August 2007 there is no longer a fee associated with the K-3 (I-129F) filing as a loop hole to terminate the K-3 process as soon as the I-130 is approved. This may be a way to play catch up from the flood of petitions in July and avoid the requirements of administrative laws about changing rues. I am only guessing.

Like others, I can not say anything with certainty until the USCIS comes out and explains itself. I do suggest that this site post some warnings to folks visiting the K-3 guidelines that there are currently no I-129F being approved (if filed after July 2007).

And I strongly urge folks to contact your congressional reps and senators, as I have done, and ask them to look into this K-3 situation and report to you what they find out.

I'm confused as to what's happening here. I just got my 130 and 129F approved for the K3 last week, and I filed in August. If you're being told that K3's are suddenly being closed out, well, I'd definetly continue to look into it and would file that DHS-7001 that Elbereth is mentioning just to make all of your inquiries official. Good luck to you all.

[SaysWho 3]

Hmmm, it appears that the big bunch of I129F approvals that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later). I really don't see where USCIS is caught up to have processed all the I-129F's between September to December. ......at this point in time it appears they are using the priority date from the I-130.

Annie & Tim

[pushbrk 12,897]

I wonder at this point why people are still acting as if the K-3 (I-129F) petition is available...it seems by all evidence that it is not. From members reporting having their I-129F petition administratively closed (if filed after July 2007), calls made to USCIS reps, as well as from inquires made through congressional inquires, everything indicates no more K-3s...at least for now.

Is this legal as far as administrative law is concerned? I don't know but I do wonder. I think the USCIS may be using the fact that since August 2007 there is no longer a fee associated with the K-3 (I-129F) filing as a loop hole to terminate the K-3 process as soon as the I-130 is approved. This may be a way to play catch up from the flood of petitions in July and avoid the requirements of administrative laws about changing rues. I am only guessing.

Like others, I can not say anything with certainty until the USCIS comes out and explains itself. I do suggest that this site post some warnings to folks visiting the K-3 guidelines that there are currently no I-129F being approved (if filed after July 2007).

And I strongly urge folks to contact your congressional reps and senators, as I have done, and ask them to look into this K-3 situation and report to you what they find out.

I'm confused as to what's happening here. I just got my 130 and 129F approved for the K3 last week, and I filed in August. If you're being told that K3's are suddenly being closed out, well, I'd definetly continue to look into it and would file that DHS-7001 that Elbereth is mentioning just to make all of your inquiries official. Good luck to you all.

Things seem to have come full circle since the beginning of this thread. A number of members were told their I-129F's were being administratively cancelled upon the approval of their I-130. Now the evidence point to K3 being back on track.

We have no further information on the status of "cancelled" or "closed" I-129Fs yet.

[Elbereth 0]

Hmmm, it appears that the big bunch of I129F approvals that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later). I really don't see where USCIS is caught up to have processed all the I-129F's between September to December. ......at this point in time it appears they are using the priority date from the I-130.

Annie & Tim

either way, they processed a lot of people who filed after me and tha makes me kind of pissed to be honest

[sgr 0]

Hmmm, it appears that the big bunch of I129F approvals that came through in the past week or two, were almost all from the I130 submission dates back in August. Have a look at their dates for filing their I-129F!..A whole lot of their corresponding I-129F's were from Dec/07 and Jan/08 (filed after receiving I-130 NOA1's many months later). I really don't see where USCIS is caught up to have processed all the I-129F's between September to December. ......at this point in time it appears they are using the priority date from the I-130.

Annie & Tim

either way, they processed a lot of people who filed after me and tha makes me kind of pissed to be honest

Be patient ...........you will be approved in next fewdays .........oook then you can all over VJ

[Enlighten one :) 5]

pushbrk, I do not believe I said any of this applied to my case. You really have issues with my case don't you. Like I said in

the beginning the USCIS cannot just stop the I129f petition without written notice.

1. No filing the I129f petition doesn't slow the processing of the I130 petition approval. Even more so now that they put them together and approve them both.

If you want a CR1 then do not file a I129f. They both are taking about the same amount of time and have been since December.

The CR1 is the best way to come to the US, but not the fastest.

Positive out, gets positive in!

Glad everything worked out for the new I129f approvals.

Congratulations!

Glad you didn't listen to the naysayers and submitted the petitions. It was free and it didn't slow up the process as I have been saying all along.

USCIS can not just make changes without creating new policy and announcing them.

1. What you've been saying all along is that submitting an I-129F has not delayed the approval of the original I-130 petition. That is wrong. The delay was at least equal to the difference in filing dates.

2. Also, filing an I-129F has killed the option of a timely completed "immigrant" CR1 or IR1 visa process.

3. None of this applies in your own case. Your I-129F was received at the service center after your I-130 was already approved. As such the rules say a K3 case cannot be processed because there is no I-130 pending.

[Enlighten one :) 5]

If you want a CR1 then do not file a I129f. They both are taking about the same amount of time and have been since December.

They both are taking the same time at the USCIS. I do not need to be critiqued by pushbrk. He is just waiting around for me to use a wrong terminology. I guess when people used wrong term, I just figured it out. I know what they meant.

[Enlighten one :) 5]

Absolutely, I was screaming and hallowing about the injustice they were causing.

I am sure soon they will come up with a new policy around this procedure that will help them process quicker.

I have a friend that was told the same thing. She was sitting on her I130 then her I129f got approved. It is real confusing.

yea but why did CSC tell us that they would be administratively closed ?

I am still mad about the misinformation.

[Enlighten one :) 5]

What I have been saying all along is that USCIS can not change the rules of the game in the middle of the inning. Even if they own their own apple and orange trees.

The I129f petition was still good is what I said all along. Despite all the people who were told that their case was closed, I said that USCIS can not do this.

I have been telling people all along to file the I129f petition if they want the faster route to their so arrivals.

I was right!!!!!! Don't you just hate that I told people the correct answer and didn't work of hearsay?

Oh, I was sooo right! I just feel so great that I remained positive and supportive to my fellow VJ family and friends.

[kalaks 1]

Positive out, gets positive in!

Glad everything worked out for the new I129f approvals.

Congratulations!

Glad you didn't listen to the naysayers and submitted the petitions. It was free and it didn't slow up the process as I have been saying all along.

USCIS can not just make changes without creating new policy and announcing them.

1. What you've been saying all along is that submitting an I-129F has not delayed the approval of the original I-130 petition. That is wrong. The delay was at least equal to the difference in filing dates.

2. Also, filing an I-129F has killed the option of a timely completed "immigrant" CR1 or IR1 visa process.

3. None of this applies in your own case. Your I-129F was received at the service center after your I-130 was already approved. As such the rules say a K3 case cannot be processed because there is no I-130 pending.

Pushbrk: If you have a solid proof that filing I-129F would push you back in the line then show us this proof!!! I know of a friend that filed at CSC the K3 4 months after the I-130, and her I-130 and I-129 were approved 2 months after filling the K3....so No, it will not push you back in line.

[Enlighten one :) 5]

He likes to antagonize me. I enjoy his rhetoric though, it keeps me challenged.

Positive out, gets positive in!

Glad everything worked out for the new I129f approvals.

Congratulations!

Glad you didn't listen to the naysayers and submitted the petitions. It was free and it didn't slow up the process as I have been saying all along.

USCIS can not just make changes without creating new policy and announcing them.

1. What you've been saying all along is that submitting an I-129F has not delayed the approval of the original I-130 petition. That is wrong. The delay was at least equal to the difference in filing dates.

2. Also, filing an I-129F has killed the option of a timely completed "immigrant" CR1 or IR1 visa process.

3. None of this applies in your own case. Your I-129F was received at the service center after your I-130 was already approved. As such the rules say a K3 case cannot be processed because there is no I-130 pending.

Pushbrk: If you have a solid proof that filing I-129F would push you back in the line then show us this proof!!! I know of a friend that filed at CSC the K3 4 months after the I-130, and her I-130 and I-129 were approved 2 months after filling the K3....so No, it will not push you back in line.

[AGarcia 0]

From what I have noticed is that VSC is has not approved many K3's. If you do a timeline search here and put Jan 01, 2008 to March 16, 2008 for the NOA2 then click K3 and Vermont...You see there are only 2 approvals. Then click back and do California....There are MANY. Vermont seems to be the center with the issue. That is just what I have noticed is that the people with the issues are coming from Vermont. I am at CSC and I was approved with both petitions Last week.

[kalaks 1]

He likes to antagonize me. I enjoy his rhetoric though, it keeps me challenged.

Positive out, gets positive in!

Glad everything worked out for the new I129f approvals.

Congratulations!

Glad you didn't listen to the naysayers and submitted the petitions. It was free and it didn't slow up the process as I have been saying all along.

USCIS can not just make changes without creating new policy and announcing them.

1. What you've been saying all along is that submitting an I-129F has not delayed the approval of the original I-130 petition. That is wrong. The delay was at least equal to the difference in filing dates.

2. Also, filing an I-129F has killed the option of a timely completed "immigrant" CR1 or IR1 visa process.

3. None of this applies in your own case. Your I-129F was received at the service center after your I-130 was already approved. As such the rules say a K3 case cannot be processed because there is no I-130 pending.

Pushbrk: If you have a solid proof that filing I-129F would push you back in the line then show us this proof!!! I know of a friend that filed at CSC the K3 4 months after the I-130, and her I-130 and I-129 were approved 2 months after filling the K3....so No, it will not push you back in line.

I do not believe he is right. What they are doing when you apply the I-129F, is they will include it as a seperate folder within the I-130 folder, and when they start working on the I-130 they work on the I-129F at the same time minimizing the work such security name checks...etc

[Enlighten one :) 5]

Exactly! Before they had two different people working on the seperately. At differnt times doing twice the work at times.

He likes to antagonize me. I enjoy his rhetoric though, it keeps me challenged.

Positive out, gets positive in!

Glad everything worked out for the new I129f approvals.

Congratulations!

Glad you didn't listen to the naysayers and submitted the petitions. It was free and it didn't slow up the process as I have been saying all along.

USCIS can not just make changes without creating new policy and announcing them.

1. What you've been saying all along is that submitting an I-129F has not delayed the approval of the original I-130 petition. That is wrong. The delay was at least equal to the difference in filing dates.

2. Also, filing an I-129F has killed the option of a timely completed "immigrant" CR1 or IR1 visa process.

3. None of this applies in your own case. Your I-129F was received at the service center after your I-130 was already approved. As such the rules say a K3 case cannot be processed because there is no I-130 pending.

Pushbrk: If you have a solid proof that filing I-129F would push you back in the line then show us this proof!!! I know of a friend that filed at CSC the K3 4 months after the I-130, and her I-130 and I-129 were approved 2 months after filling the K3....so No, it will not push you back in line.

I do not believe he is right. What they are doing when you apply the I-129F, is they will include it as a seperate folder within the I-130 folder, and when they start working on the I-130 they work on the I-129F at the same time minimizing the work such security name checks...etc

[Enlighten one :) 5]

I do think that Vermont is still ignoring the I129f and approving the I130. Maybe the CSC got so many complaints that they stopped playing around. I do believe that they are telling people that their case are admin closed so they move forward with their I 130. But legaly they cannot do this. They have to inform us of policy and procedure changes before they do this.

People do not want to rock the boat and they get that I130 approval they move along quietly.

From what I have noticed is that VSC is has not approved many K3's. If you do a timeline search here and put Jan 01, 2008 to March 16, 2008 for the NOA2 then click K3 and Vermont...You see there are only 2 approvals. Then click back and do California....There are MANY. Vermont seems to be the center with the issue. That is just what I have noticed is that the people with the issues are coming from Vermont. I am at CSC and I was approved with both petitions Last week.