Current Status - K-3 and I-130 - my 2cents

[M and K 0]

Patience

You know, I find it very curious how things have been moving. Of course, all VJ members are only a small percentage of the overall landslide of petitions, but it provides all of us some idea of the way USCIS is moving.

The following is my understanding of things and current status based on my own experience and viewing member time lines. Fill free to correct me if I’m wrong, but it sure seems true.

The obvious part; the flood of application in June and July have had an adverse effect. A far smaller number were filed after this time period. According to USCIS articles, they have been working to address the unprecedented influx of application in 2007.

They are slowly hiring more people and working extra hours.

It does appear that some of their actions and the reduced number of recent petitions are speeding up activities. Nearly all those that mailed I-130 in late 2007 are getting NOA1 in January and February. Nearly all those that mailed I-129F in late 2007 and early 2008 have already received NOA1.

Obviously, my wife and I started our process at a very bad time. Right after the flood and before the increased work force actions of USCIS. This would be good news for those filers in January and February, since their approvals would quickly follow mine. Of course, assuming my wife and I don’t experience any unforeseen delays.

Based on what I’ve seen and the proclaimed actions of USCIS, I would anticipate things to speed up soon. Normally I try to think logically, hoping for the best, but preparing for the worse. But I will think optimistically, because I believe once they get over the flood we should see a speeding up of all approval processes.

Everyone is waiting patiently and enduring the agonizing time apart from their loved ones. It will help your spirit and endurance to think positive. Be patient and endure. Time will pass quickly. I tell my wife nearly every day and with deep truthfulness. I have been looking for her all my life. She is a fulfillment of my dreams and we have our entire lives to be together. We must only endure a little time apart before our dreams can be fully fulfilled.

This is my opinion, but feel free to provide your own.

I wish everyone the best of luck and a speedy process.

[Army_Wife 2]

Patience

You know, I find it very curious how things have been moving. Of course, all VJ members are only a small percentage of the overall landslide of petitions, but it provides all of us some idea of the way USCIS is moving.

The following is my understanding of things and current status based on my own experience and viewing member time lines. Fill free to correct me if I’m wrong, but it sure seems true.

The obvious part; the flood of application in June and July have had an adverse effect. A far smaller number were filed after this time period. According to USCIS articles, they have been working to address the unprecedented influx of application in 2007.

They are slowly hiring more people and working extra hours.

It does appear that some of their actions and the reduced number of recent petitions are speeding up activities. Nearly all those that mailed I-130 in late 2007 are getting NOA1 in January and February. Nearly all those that mailed I-129F in late 2007 and early 2008 have already received NOA1.

Obviously, my wife and I started our process at a very bad time. Right after the flood and before the increased work force actions of USCIS. This would be good news for those filers in January and February, since their approvals would quickly follow mine. Of course, assuming my wife and I don’t experience any unforeseen delays.

Based on what I’ve seen and the proclaimed actions of USCIS, I would anticipate things to speed up soon. Normally I try to think logically, hoping for the best, but preparing for the worse. But I will think optimistically, because I believe once they get over the flood we should see a speeding up of all approval processes.

Everyone is waiting patiently and enduring the agonizing time apart from their loved ones. It will help your spirit and endurance to think positive. Be patient and endure. Time will pass quickly. I tell my wife nearly every day and with deep truthfulness. I have been looking for her all my life. She is a fulfillment of my dreams and we have our entire lives to be together. We must only endure a little time apart before our dreams can be fully fulfilled.

This is my opinion, but feel free to provide your own.

I wish everyone the best of luck and a speedy process.

Well said M and K ..... my sentiments too.

Hope you get your approval soon

X

[JustWaiting 0]

M and K

I think you expressed the situation very well as I think that this is exactly what happened.

As for patience, I work on it everyday. I remind myself that there are thousands of people out there waiting like me. I hope we all get to have our loved ones with us sooner than later.

And what beautiful sentiments about your wife. Doesn't being away from them just make you love them all the more?

[Delicia 1]

Yes, patience is the name of the game.

I am rethinking my K-3 options right now and just got off the phone with an aide in my U.S. Senator's office. My situation might be slightly different from the norm as in I originally filed my I-130 in October 2007 and was planning on just staying with the IR-1 visa for my spouse. The application was returned to me in January 2008 because I signed the I-130 on the wrong line. I resubmitted the application the next day and now, 4 months after my original filing, I have received a NOA-1. Unfortunately, I do not know if those first 3 months of time while waiting for a NOA1 was just wasted time, but it does appear that my application will be processed with the January 2008 filers as opposed to the October 2007 filers.

With that in mind and already knowing that the Consulate where my husband has to interview (for either K-3 or IR-1) has a 4-6 month wait for an interview, I am relooking at adding a K-3 to the mix. I contacted my Senator's office to see if they knew anything about the K-3's and if they were in fact being 'administratively' cancelled in favor of the CR-1/IR-1. The aide couldn't say for sure although he said he had heard those rumors as well. He said if the K-3's were being cancelled, it is not in the spirit of the law that created the K-3 option a few years ago. The whole point of the K-3 was to reunite the spouses quickly and having them cancelled overrides their whole purposes and only leaves the CR-1/IR-1 as a viable option. The aide said he will check with some sources and get back to me next week.

My personal feeling is, since the K-3 and CR-1/IR-1 are running at about the same time anyway, the purpose of the K-3 (to reunite the spouses quickly) is really moot.

[pushbrk 12,883]

Yes, patience is the name of the game.

I am rethinking my K-3 options right now and just got off the phone with an aide in my U.S. Senator's office. My situation might be slightly different from the norm as in I originally filed my I-130 in October 2007 and was planning on just staying with the IR-1 visa for my spouse. The application was returned to me in January 2008 because I signed the I-130 on the wrong line. I resubmitted the application the next day and now, 4 months after my original filing, I have received a NOA-1. Unfortunately, I do not know if those first 3 months of time while waiting for a NOA1 was just wasted time, but it does appear that my application will be processed with the January 2008 filers as opposed to the October 2007 filers.

With that in mind and already knowing that the Consulate where my husband has to interview (for either K-3 or IR-1) has a 4-6 month wait for an interview, I am relooking at adding a K-3 to the mix. I contacted my Senator's office to see if they knew anything about the K-3's and if they were in fact being 'administratively' cancelled in favor of the CR-1/IR-1. The aide couldn't say for sure although he said he had heard those rumors as well. He said if the K-3's were being cancelled, it is not in the spirit of the law that created the K-3 option a few years ago. The whole point of the K-3 was to reunite the spouses quickly and having them cancelled overrides their whole purposes and only leaves the CR-1/IR-1 as a viable option. The aide said he will check with some sources and get back to me next week.

My personal feeling is, since the K-3 and CR-1/IR-1 are running at about the same time anyway, the purpose of the K-3 (to reunite the spouses quickly) is really moot.

Please do report back with any information from your Senator's aide.

Also note that USCIS processing time is only the first part of the process. Even in the best of K3 times when the petitions went through diffrerent service centers the CR and IR process encluded a far more lengthy process at NVC, which comes between petition approval and the Consulate. Additionally, many Consulates take significantly longer to schedule an immigrant visa interview after case receipt than they do scheduling K visa interviews.

Your Senator's aid is absolutely correct that these administrative cancellations are not in the spirit of the law creating the K3 visa. What a travesty and even a bigger travesty if people are being informed their petitions are cancelled when they are not.

[Enlighten one :) 5]

Yes, patience is the name of the game.

My personal feeling is, since the K-3 and CR-1/IR-1 are running at about the same time anyway, the purpose of the K-3 (to reunite the spouses quickly) is really moot.

Yes, the USCIS finally figured out that they were doing twice the work for the same result. So now they are pairing the two up and approving both if your petitions are there at the same time. If it is not, it has been difficult for most. First of the pairing of petitions is pushing back petitions that are by themselves.

If your embassy is quick and easy the K3 is not needed and the CR1 is a better petition. If you have a difficult petition that interviews for a Cr1 Run 7 times longer then the K3 you might need to count on the K3. AS me.

Good luck to all!

[M and K 0]

My assumption is that approval “time” can be calculated based on our receipted notice (NOA1). It took almost 3 months for me, but only weeks for later filers.

If that is the case, (and there are no problems in other areas of my petition) mine and my wife’s approval (NOA2) will arrive only a few weeks before those couples that mailed their I-130 in months after us (Dec-Feb).

This of course assuming all normal and complete petitions happen at about the same time. This is great news for Dec-Feb filers, but a little sad for my wife and I. There in lies the flood damage of mid 07.

Regardless…we should all remain positive and this is our year (2008).

Sooner is still better

[Delicia 1]

I just hung up the phone with my senator's aide. And he confirms the rumor regarding the K-3 application cancellations. He advised that another aide had recently (in December) contacted USCIS who confirmed that K-3s where being administratively cancelled at the USCIS level. He said he has not received any written notice from USCIS that this is happening or the reason why it is happening. He also could not comment on when exactly USCIS started this procedure although it appears to have started in July or August, from his research into this matter.

He was concerned that in his dealings with NVC recently, that the NVC is completely unaware of this process and are still processing the K-3's within 2 weeks of receipt as opposed to the IR-1/CR-1 which are processed in 10-12 weeks of receipt. Additionally, he expressed concern because the K-3s are traditionally given higher priority for interviews than IR-1/CR-1 applications.

He said he would continue to monitor the situation and call me if he learned anything new. Although he didn't have the finer details that I would of liked, the aide was incredibly helpful.

I urge anyone with concerns about the family immigration system and this recent news to write their lawmakers and inform them of these recent stealth changes that USCIS seems to be doing in an (I dare to say) illegal way. The K-3 option no longer seems to even exist anymore.

I am going to start a thread with this information as I think it is very pertinent and important.

[pushbrk 12,883]

He was concerned that in his dealings with NVC recently, that the NVC is completely unaware of this process and are still processing the K-3's within 2 weeks of receipt as opposed to the IR-1/CR-1 which are processed in 10-12 weeks of receipt. Additionally, he expressed concern because the K-3s are traditionally given higher priority for interviews than IR-1/CR-1 applications.

Please clarify the above. A petition administratively cancelled by USCIS would not be sent (by USCIS) to NVC at all. Any K3 cases at NVC have not be administratively cancelled, so to what cases does the aide refer?

[Delicia 1]

He was concerned that in his dealings with NVC recently, that the NVC is completely unaware of this process and are still processing the K-3's within 2 weeks of receipt as opposed to the IR-1/CR-1 which are processed in 10-12 weeks of receipt. Additionally, he expressed concern because the K-3s are traditionally given higher priority for interviews than IR-1/CR-1 applications.

Please clarify the above. A petition administratively cancelled by USCIS would not be sent (by USCIS) to NVC at all. Any K3 cases at NVC have not be administratively cancelled, so to what cases does the aide refer?

The aide was referring to existing K-3 applications that have already reached the NVC prior to the 'new' cancellation processing being undertaken by USCIS.

[pushbrk 12,883]

He was concerned that in his dealings with NVC recently, that the NVC is completely unaware of this process and are still processing the K-3's within 2 weeks of receipt as opposed to the IR-1/CR-1 which are processed in 10-12 weeks of receipt. Additionally, he expressed concern because the K-3s are traditionally given higher priority for interviews than IR-1/CR-1 applications.

Please clarify the above. A petition administratively cancelled by USCIS would not be sent (by USCIS) to NVC at all. Any K3 cases at NVC have not be administratively cancelled, so to what cases does the aide refer?

The aide was referring to existing K-3 applications that have already reached the NVC prior to the 'new' cancellation processing being undertaken by USCIS.

Ok, that makes perfect sense but those all fly through NVC in a week or two. Since NVC is part of Dept. of State, they are not impacted by changes in USCIS procedures beyond the fact their volume of K3 cases would reduce significantly while their workload on CR and IR cases would increase. The net effect is a major impact on NVC's workload because they do a lot more work on a CR or IR case than on a K3. So watch for a potential NVC slowdown.

[Delicia 1]

Perhaps this is the intent? For USCIS to implement changes to their procedures to reduce their backlogs and processing times only to have that backlog moved to the DHS? That would definitely help the USCIS and their reports on how wonderful they are and how perfectly the removed their backlog but make no change (or perhaps increase) in overall processing times for the applicant.

[pushbrk 12,883]

Perhaps this is the intent? For USCIS to implement changes to their procedures to reduce their backlogs and processing times only to have that backlog moved to the DHS? That would definitely help the USCIS and their reports on how wonderful they are and how perfectly the removed their backlog but make no change (or perhaps increase) in overall processing times for the applicant.

Right. I mentioned the ongoing turf war between USCIS and DOS and that this new procedure was at least partly to offload the AOS workload, as immigrant visas don't require status adjustment.

[sgr 0]

Perhaps this is the intent? For USCIS to implement changes to their procedures to reduce their backlogs and processing times only to have that backlog moved to the DHS? That would definitely help the USCIS and their reports on how wonderful they are and how perfectly the removed their backlog but make no change (or perhaps increase) in overall processing times for the applicant.

Right. I mentioned the ongoing turf war between USCIS and DOS and that this new procedure was at least partly to offload the AOS workload, as immigrant visas don't require status adjustment.

you guys are right .........they donot have to go through AOS if they cancel K3 's.............listen GOV /USCIS alo loses money ~ $1000 worth of fee ...........lol but longer wait for VJ'rs

[visaveteran1 33]

He was concerned that in his dealings with NVC recently, that the NVC is completely unaware of this process and are still processing the K-3's within 2 weeks of receipt as opposed to the IR-1/CR-1 which are processed in 10-12 weeks of receipt. Additionally, he expressed concern because the K-3s are traditionally given higher priority for interviews than IR-1/CR-1 applications.

Please clarify the above. A petition administratively cancelled by USCIS would not be sent (by USCIS) to NVC at all. Any K3 cases at NVC have not be administratively cancelled, so to what cases does the aide refer?

The aide was referring to existing K-3 applications that have already reached the NVC prior to the 'new' cancellation processing being undertaken by USCIS.

Ok, that makes perfect sense but those all fly through NVC in a week or two. Since NVC is part of Dept. of State, they are not impacted by changes in USCIS procedures beyond the fact their volume of K3 cases would reduce significantly while their workload on CR and IR cases would increase. The net effect is a major impact on NVC's workload because they do a lot more work on a CR or IR case than on a K3. So watch for a potential NVC slowdown.

Long-term I agree with you about a possible NVC slowdown, but short-term there may actually be better NVC service if they no longer have to handle K-3s and many "optimists" refuse to start the CR-1 process in hopes of still getting their K-3.