My Personal Update/Experience on my K-3 Situation

[JustWaiting 0]

I have some news from my co-worker’s mom who works at the CSC.

I had asked her at the beginning of February if they had received any instruction to not process K-3 and she said no but that she would look into it. She works in the I-130 upgrade department.

She asked and apparently in January, USCIS processed the K-3s but in February their supervisor at headquarters gave the direction that no more K-3s were to be processed, only K-1. She stated that the reason is that K-3s were being misused?? She said her co-worker, who does adjucate I-129 and I-130, said they didn’t process any K-3s in February. They only processed them in January (which does match some of the approvals I’ve seen here and in other forums) and as of Monday, 3/3/08, they are on hold until headquarters tells them what to do.

For any file that had a paired I-129 with the I-130, the I-130 is moving forward but the I-129F is just filed away. She said they technically do not close the I-129 (by their own internal guidelines they can’t) but they choose one over the other (which she stressed to me was not illegal for USCIS to do).

She did mention that there were a lot of requests from petitioners to keep their K-3 open and those were being put aside until headquarters says yay or any.

C’est la vie!!

[JustWaiting 0]

One more thing, she said it doesn't matter when it was filed: July or February. They are all on hold until further direction from the Gods (well, it feels like that!!)

[Nita&Assaad 0]

I have some news from my co-worker’s mom who works at the CSC.

I had asked her at the beginning of February if they had received any instruction to not process K-3 and she said no but that she would look into it. She works in the I-130 upgrade department.

She asked and apparently in January, USCIS processed the K-3s but in February their supervisor at headquarters gave the direction that no more K-3s were to be processed, only K-1. She stated that the reason is that K-3s were being misused?? She said her co-worker, who does adjucate I-129 and I-130, said they didn’t process any K-3s in February. They only processed them in January (which does match some of the approvals I’ve seen here and in other forums) and as of Monday, 3/3/08, they are on hold until headquarters tells them what to do.

For any file that had a paired I-129 with the I-130, the I-130 is moving forward but the I-129F is just filed away. She said they technically do not close the I-129 (by their own internal guidelines they can’t) but they choose one over the other (which she stressed to me was not illegal for USCIS to do).

She did mention that there were a lot of requests from petitioners to keep their K-3 open and those were being put aside until headquarters says yay or any.

C’est la vie!!

Wait how were they being Misused??/ Did you ask in what sense?? But mine was closed on 1/24, that is still in January.... I think I need to write another letter somewhere?

Question for you, I see you upgraded your petition as well, did you ask anything about that and see if they start the process counting the day you upgraded or they still count the day you submitted it?

I was told that they still count that time... But it's seems like they didn't and that's why it's taking so long!!!

Nita

[Delicia 1]

Nita: I am confused by your time line in your signature. You originally submitted your I-130 in Nov 2006 and you didnt file the I-129 until July 2007, 8 months later?.

Edited March 4, 2008 by Delicia

[JustWaiting 0]

Nita

I did ask her how they were misused and she said the I-129 is only intended for fiances and not spouses. Although USCIS made the choice to open it up for spouses, they now feel that that was not the purpose for it.

I did ask her if they "put aside" my K-3 since my receipt date for the I-130 is Dec 2005 will I go to the front of the line and she said yes because at that point I would be considered out of processing time. She advised me to write a letter to request it and I already did. I've asked them to keep my K-3 open but if they cannot, then to please use my Dec. 2005 date.

I've already received an e-mail stating that they are looking into my case and will advise. I'm keeping my fingers crossed.

[Nita&Assaad 0]

Nita: I am confused by your time line in your signature. You originally submitted your I-130 in Nov 2006 and you didnt file the I-129 until July 2007, 8 months later?.

Yes because I wasn't a US citizen (which they took forever as well) until 7/2007, and you can't apply for I-129F until you are a US Citizen.

So in a way it messed me up, but I didn't know about the process until I found Visa Journey, otherwise I would have not filed the I-129F

Nita

[Nita&Assaad 0]

Nita

I did ask her how they were misused and she said the I-129 is only intended for fiances and not spouses. Although USCIS made the choice to open it up for spouses, they now feel that that was not the purpose for it.

I did ask her if they "put aside" my K-3 since my receipt date for the I-130 is Dec 2005 will I go to the front of the line and she said yes because at that point I would be considered out of processing time. She advised me to write a letter to request it and I already did. I've asked them to keep my K-3 open but if they cannot, then to please use my Dec. 2005 date.

I've already received an e-mail stating that they are looking into my case and will advise. I'm keeping my fingers crossed.

That's what I thought, and I kept telling USCIS that....Who did you send the letter to??? They would need to do that to me as well since I filed my I-130 in November 2006. Shoot they messed us up real good huh!!!

Nita

[N360 0]

For any file that had a paired I-129 with the I-130, the I-130 is moving forward but the I-129F is just filed away. She said they technically do not close the I-129 (by their own internal guidelines they can’t) but they choose one over the other (which she stressed to me was not illegal for USCIS to do).

This is what happened to me. If I log on at USCIS to see my case status, I'd see that my I-129F is still pending although I was told they closed it.

They forwarded my I-130 to NVC and I just chose to go with the flow.

[hheaven67 2]

JustWaiting: Please let us know the email addy you used as I'm desperate! I HAVE TO have the K3 as it will take MANY MORE MONTHS for me to send in an I-130 for my son (as I don't know if they pay attention to that detail that one wasn't submitted for him-going the K3 route) then go the Montreal route (4-6 months for I-130 interview as opposed to 2 months for K-129F in Vancouver)! Please PM me with the addy, greatly appreciated! Thank you for clarifying things for all of us!

jen & jim

[Elbereth 0]

well that's depressing

[MoonlitCherri 0]

For any file that had a paired I-129 with the I-130, the I-130 is moving forward but the I-129F is just filed away. She said they technically do not close the I-129 (by their own internal guidelines they can’t) but they choose one over the other (which she stressed to me was not illegal for USCIS to do).

This is what happened to me. If I log on at USCIS to see my case status, I'd see that my I-129F is still pending although I was told they closed it.

They forwarded my I-130 to NVC and I just chose to go with the flow.

Same thing here, I guess technically I'm a CR1 now. I called USCIS before I began this whole process and was told to send my I130 then the I129f as soon as NOA1 arrived...they can't follow their own rules?#$*