Why is K3 so much slower at VSC ?

[RooDee 0]

Not that there is a rhyme or reason to the way that VSC operates but why do they penalize the spouses of US citizens (and not to forget the US citizen petitioners themselves) ? From a quick scan of the timeline data it seems that the I-129F petition for K1 is processed in 3-4 months on the average but one for the K3 takes 8 months or more. It almost seems that they place a higher priority on uniting US citizens with their fiancees than with their spouses. Not that I am suggesting that it should be the other way around (everyone is entitled to be united with their loved ones) but is a little more parity too much to ask for ?

There is much more parity at CSC where both types of petitions take about the same amount of time (which makes more sense) - the K3 even being slightly faster than the K1. I started the K3 process in September and I am getting a little depressed just thinking about how long of a wait I have ahead of me before I can get on with my life with my wife in the US with me and the sad thing is there is not much I can do about it. Thanks for reading this rant. Any insights if any into VSC's rationales would be appreciated.

Deepak

[Gemmie 142]

Correct me if I'm wrong, but I believe it's because K3 holders don't need to go through AOS once arriving in the US... you're essentially applying for a greencard. With the K1, you're applying for the right to remain in the US whilst you apply for your greencard, which takes 3-9 months.

All in all, people that go through the K1 route wait much longer to attain their greencards than people who go the K3 route; it's just that they're in the US for a portion of the wait.

[himher 634]

That is incorrect. K3 visaholders have to apply for EAD / AOS just like K1 visaholders when they arrive in the US. The ONLY advantage of a K3 visa is that it expires after 2 years (as does the I94) and is multi-entry so the K3 visaholder can travel in and out of the US if they choose to while their AOS is being processed. Disdvantage is that A K3 has to wait at a minimum for the EAD approval to get SS# while a K1 does not.

The service centers switch back and forth. Last year it was the CSC that was sitting on K3 visa applications (180-200 days, with 30-40 days just to get an NOA1 for the I130 so the I129F could be filed) while the VSC was kicking them out in about 120 days. The wait DOES end but it gets very frustrating waiting for someone to spend 15 minutes processing your application.

Correct me if I'm wrong, but I believe it's because K3 holders don't need to go through AOS once arriving in the US... you're essentially applying for a greencard. With the K1, you're applying for the right to remain in the US whilst you apply for your greencard, which takes 3-9 months.

All in all, people that go through the K1 route wait much longer to attain their greencards than people who go the K3 route; it's just that they're in the US for a portion of the wait.

[RooDee 0]

Gemmie,

You are confusing the K3 with the IR-1 which is a green card. With the K3, the process after arriving in the US is quite similar to the K1. The AOS application costs another $1000 or so and there is another long wait to get the actual card. When the K3 visa category was created it was intended to alleviate the long waits involved with the IR-1 (at least the petitioner could be united with their spouse in the US a lot sooner - at least that was the original intent). But with VSC processing the K3 petitions at a snail pace, they almost make it not worth pursuing the K3 option. I might as well wait a little longer and go for the IR-1.

Deepak

[Gemmie 142]

I see. Thanks for the information.

It seems there aren't many advantages for the K3 over the K1 or IR-1 but of course it's all down to personal choice and circumstances.

I think it's a common complaint on VJ about spouses/fiance priority with many people believing their case should take priority over others due to their marital status. Not sure I entirely agree with that, as it opens up a whole can of worms. There are always many aspects to consider; for example, did the spouse-petitioner know that the wait would be longer than a K1 and decide to get married anyway? What if a fiance-petitioner has been with their partner for a lot longer than a spouse-petitioner? Should time together take priority? What about older petitioners? Should their case go first because they're not as young as others? What about a few petitioners that are more depressed than others? Bottom line, in my opinion, is that we're all waiting this horrendous amount of time, some a lot longer than others for many different reasons.

I wish you a speedy journey.

[Alli and Léo 0]

I think VSC is out to get us...beware...hehehe

[edp333 9]

I did my research before choosing which visa to petition. At the time K3 were taking 6 to 10 months. We sent the petition in at the begining of the backlog. Last year, VSC was the fast processing center while CSC was backlogged. During the wait, USCIS president Gonzales raised prices 60% with the promise to speed up the process. As you can see, the waiting times are still long.

It seems to take forever. But, be assured, the wait is worth the end result.

Edited November 5, 2008 by edp333

[RooDee 0]

I think it's a common complaint on VJ about spouses/fiance priority with many people believing their case should take priority over others due to their marital status. Not sure I entirely agree with that, as it opens up a whole can of worms. There are always many aspects to consider; for example, did the spouse-petitioner know that the wait would be longer than a K1 and decide to get married anyway? What if a fiance-petitioner has been with their partner for a lot longer than a spouse-petitioner? Should time together take priority? What about older petitioners? Should their case go first because they're not as young as others? What about a few petitioners that are more depressed than others? Bottom line, in my opinion, is that we're all waiting this horrendous amount of time, some a lot longer than others for many different reasons.

I am not expecting a higher priority cause of my marital status but I don't think it is fair that based on the current trends the K3 petitions are taking twice as long as the K1. However I don't think VSC is doing this on purpose - it's just the way they have assigned the cases to the adjudicators or something.

Deepak