K-3 Obsolete per Ombudsman

[HongKong2LA 9]

At the time they introduced the K-3, it was taking 5 or more years just to get a spousal I-130 through the USCIS and forwarded on to the NVC. The backlog really was that bad. Fiancee visas were taking 6-8 months or so, but if you were already married, you were in for a five year wait. The bureaucrats decided that the best way to fix the problem wasn't to work on reducing the backlog of spousal visas, but instead to introduce a whole new type of visa as a shortcut, thus doubling the total paperwork.

On the day we applied (see timeline below) the then-current timelines for the backlog said that it would take about 6 months to get an I-129F approved, versus about four years for an I-130. But while our paperwork was in the system, they started working through the I-130 backlog at a fantastic pace, and they also basically stopped processing spousal I-129Fs for several months. We were extremely surprised to have our I-130 approved before the I-129F. And ours was among the first CR-1 cases to be reported through visajourney.

Be careful what you lobby for. Another way of saying "they ought to be held accountable to process K-3's faster than CR-1's" is to say "They ought to be held accountable to slow down on those CR-1s and make sure none of them happen as fast as K-3s".

Wouldn't it be nice if they just made the CR-1 a two week thing, and did away with the K-3?

From your keyboard to God's inbox..

[Nik+Heather 121]

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1.........................those of us who are already married should have priority over people who are only engaged.

My husband and I just got married in January and only lived together for 3 months before I came back to the states

I might have had some sympathy for you, until I read the bolded statement. I really don't see how you are in any way different than those of us who are "merely engaged". The ONLY difference is that you got married just before the process, and I will get married just after.

People who have already been living together with their foreign spouse do have advantages compared with long distance couples - DCF is much faster, and if you meet and marry in the states, both of those options let you be together while the process goes through.

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1..............

Here it comes. The K-1s are licking their chops.

Haha, I wasn't going to say anything, but then you accused me of licking my chops.

[daboyz 36]

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1.........................those of us who are already married should have priority over people who are only engaged.

My husband and I just got married in January and only lived together for 3 months before I came back to the states

I might have had some sympathy for you, until I read the bolded statement. I really don't see how you are in any way different than those of us who are "merely engaged". The ONLY difference is that you got married just before the process, and I will get married just after.

People who have already been living together with their foreign spouse do have advantages compared with long distance couples - DCF is much faster, and if you meet and marry in the states, both of those options let you be together while the process goes through.

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1..............

Here it comes. The K-1s are licking their chops.

Haha, I wasn't going to say anything, but then you accused me of licking my chops.

[payxibka 10,045]

K3's ARE spousal visa's btw. It's not a fiance visa. K3 petitioners/applicants are already married.

And K3's dont get passed out in no time... they usually take MUCH longer to be approved at the service center. take a look at my timeline lol

So, you can rant on about k1's, but k3's are in the same classification as CR1's. The couple is already married.

maybe both spousal visas but they are NOT the same CLASS... They are very different visas

[missmissy 38]

We're K1 but latlely we've had to seriously think about if it's the right way for us to go now....changes in jobs and other things. None are good options, in my opinion.

I do believe that folks that have been married, especially long term, deserve to be togther sooner.

We all complain about the lack of equity in the processing of the applications - but, if they were to start sorting out applications based on time together, where they were, what type of application it was, etc.....who would make THOSE decisions and would it be more fair or less fair? Wouldn't everyone just try harder to move their situation over to the next easiest way and create another delay due to demand?

As flawed as the system is, is there a better way to do it? I don't know....

[Y's_habibitk 2]

K3's ARE spousal visa's btw. It's not a fiance visa. K3 petitioners/applicants are already married.

And K3's dont get passed out in no time... they usually take MUCH longer to be approved at the service center. take a look at my timeline lol

So, you can rant on about k1's, but k3's are in the same classification as CR1's. The couple is already married.

maybe both spousal visas but they are NOT the same CLASS... They are very different visas

yes, they are different. Just pointing out to the poster that K3's are NOT fiance visas and that both are for spouses.

[dagnytaggart 0]

K-1, K-3, CR-1. Does it really matter. All these can be argued both ways. K-1's can say that married people have already spent time together and since K-1's are just starting out in the relationship they should have priority. K=3'3 & CR-1's can argue that since they have established their relationship and have gotten used to being with each other they should have priorities over K-1's.

In the K-1's defense I do have to say there are people who have been waiting longer than both K-3's & CR-1's. Take a look at Sara who has been waiting forever for her fiancée.

[daboyz 36]

K-1, K-3, CR-1. Does it really matter. All these can be argued both ways. K-1's can say that married people have already spent time together and since K-1's are just starting out in the relationship they should have priority. K=3'3 & CR-1's can argue that since they have established their relationship and have gotten used to being with each other they should have priorities over K-1's.

In the K-1's defense I do have to say there are people who have been waiting longer than both K-3's & CR-1's. Take a look at Sara who has been waiting forever for her fiancée.

Look at Gogo, he's IR-1. Both Sara and Gogo are not normal cases.

[tysalanna 0]

I am glad there is a K-3 option over the CR1 or I might never get to immigrate. We need both my husband and mine income to qualify for the financial requirements for a green card. We have found a sponsor for the K-3 because of the fact, they will only be liable until I adjust my status. I can move to the US on a K-3 and get my EAD then work for six months and then apply for AOS and use mine and my spouses joint income to qualify financially.

Tysalanna

[John & Nan 0]

Oh but K3 with a baby should be even faster hahaha Everyone couple love each other about the same. I have to say I been lucky and can travel to see my family every couple of months. But I know it really sucks for the couples that see each other only 1 time a year. Let just hope they speed it up for everyone.

[John & Nan 0]

I don't think the report is saying the K-3 are obsolete. I think it is saying the USCIS is not doing what congress has told them to do in the LIFE act.

[pushbrk 12,892]

I don't think the report is saying the K-3 are obsolete. I think it is saying the USCIS is not doing what congress has told them to do in the LIFE act.

Without using the words, the report indicates both the K3 visa and the life act are obsolete because the "delays" that prompted the act to begin with, no longer exist. The Pony Express was a great idea but it became obsolete when rail transportation became efficient and spanned the USA from coast to coast. The Life Act has about as much usefullness today as the wind powered Navy.

[John & Nan 0]

I don't think the report is saying the K-3 are obsolete. I think it is saying the USCIS is not doing what congress has told them to do in the LIFE act.

Without using the words, the report indicates both the K3 visa and the life act are obsolete because the "delays" that prompted the act to begin with, no longer exist. The Pony Express was a great idea but it became obsolete when rail transportation became efficient and spanned the USA from coast to coast. The Life Act has about as much usefullness today as the wind powered Navy.

Well I feel a K3 should be the same time frame as a visitor visa or a work visa. There is not good reason why it should not be.

[payxibka 10,045]

Well I feel a K3 should be the same time frame as a visitor visa or a work visa. There is not good reason why it should not be.

Yes there is.... The person being petitioned for needs to be verified that he/she is in fact a spouse of a US citizen, because it is in fact a spousal visa... A tourist or work visa does not have this particular eligibility requirement.

[John & Nan 0]

Well I feel a K3 should be the same time frame as a visitor visa or a work visa. There is not good reason why it should not be.

Yes there is.... The person being petitioned for needs to be verified that he/she is in fact a spouse of a US citizen, because it is in fact a spousal visa... A tourist or work visa does not have this particular eligibility requirement.

A marriage license can verify that. People that want to commit fraud can do it on a work or tourist visa also...