Important notice about k3 visa

[KayaEel 5]

Thank you for posting this announcement. It is unfortunate that the USCIS could not provide advance notice about this change in order to save the time, effort, and money for all of those who filed both petitions. I think that this will improve processing times overall going forward because only one petition will need to be processed by the paper pushers. However, it will likely make things slower for awhile right now. I am so discouraged every time I review all the K-1 Visas timelines and see them being processed and approved before the IR-1/CR-1 Visas. We are already married for goodness sake. We should be given a higher priority.

I recently received my NOA-1 for the I-130 petitions filed for my spouse and step-son, and decided not to go for the K-3 and K-4. Lately, I have been second-guessing our decision, and wondering if we should file the I-129F while we still can. Due to this announcement, we are sticking with the I-130 and IR-1/CR-1 Visa process now. Thanks again for the posting.

[mrs. wife! 3]

Sorry but why you guys think it will slow down the process? The USCIS is the one who approves the petition, so it's up to the NVC to decide if they will ignore the approved I-129F or not. I mean, we will have our approvals by then. I find it very slow the USCIS processing time not NVC.

Please let me know if I'm missing something here

[hobokenworkingman 4]

At the very least, I'm glad that this ends the contract that I signed w/my attorney that included filing I-130, I-129F and I-485...

If she can't keep up w/the most current immigration law, then I really don't see why she deserves the extra $$ for the filing...

However, never one for patience, I don't know HOW I'm going to go much longer w/o hubby - I miss him so much already!!

Perhaps another trip to England over Spring Break is in order...?

Ok this blows! No wonder my approval then is taking so much time, since the touch date was Jan 27th. If they're going to lump K3s and IR-1s together, then they're probably tell me that my K3 and IR-1 is now all one and the same. I just wish they would let me know now! Hopefully monday (?)

[Christi and Ian 24]

Sorry but why you guys think it will slow down the process? The USCIS is the one who approves the petition, so it's up to the NVC to decide if they will ignore the approved I-129F or not. I mean, we will have our approvals by then. I find it very slow the USCIS processing time not NVC.

Please let me know if I'm missing something here

The difference in the time it will take between just being handed a visa, and having to wait for Green Card Production for one...

[Christi and Ian 24]

Guys I have a doubt here....

If they approve my 129F first and I don't want to follow K3, they will send it to the Embassy in my country then what? I should call them and tell I want to wait for CR1 or the NVC will ignore my I-130 since the 129F it's already at the Embassy?

For the post above me: I suggest you read these two links here about the CR1 and get familiar with them. If you go CR1 you'll have to pay some fees and send the affidavit and DS230 to the NVC, so start gathering all the documents needed for when you petition hits NVC you are able to process it fast.

NVC stage: http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

CR1: http://www.visajourney.com/forums/index.ph...page=i130guide1

** edit: thee post above me I meant raphmadu

More likely than not, I-130 and I-129F are going to be approved at the same time. When the petitions reach NVC, they'll stop processing the I-129F and move ahead with the I-130. The Dept. of State website says they'll send us a letter stating that they're moving forward w/the CR-1 process and K-3 has been stopped.

[Christi and Ian 24]

Hello, I am going through this process now. My I130 was entered into NVC a day before the I129F. I called and spoke to a customer service person in the K3 department and she said they were entering the information in their system and sending it off t the consulate. I asked her what about the I130? She said once I receive any papers from them about the I130 I would call them and let them know I want to go K3. I am not sure if she missed the new rules or since my petitions were not entered into the system the same day it does not apply to me but, there are 3 children involved so I hope what she said was correct. No I did not file I130's for the kids because my lawyer said I didn't have to. Wish I knew then what I know now. If anyone has some more information on this new rule change I would love to hear it.

From the Dept. of State website:

Children Have Derivative Status Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the U.S., they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age. See child.

If the Child is Not Named on the I-129F Petition, Will That be a Problem?

The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.

I would imagine that where it says "K-3" it's now going to say "CR-1"??

Edited February 6, 2010 by Christi and Ian

[mrs. wife! 3]

More likely than not, I-130 and I-129F are going to be approved at the same time. When the petitions reach NVC, they'll stop processing the I-129F and move ahead with the I-130. The Dept. of State website says they'll send us a letter stating that they're moving forward w/the CR-1 process and K-3 has been stopped.

I see! Well, thanks and let's hope to get our approvals some time soon!

If the Child is Not Named on the I-129F Petition, Will That be a Problem?

The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.

I would imagine that where it says "K-3" it's now going to say "CR-1"??

That's what I thought too.

[myra 0]

When was your file received at the NVC, cause according to the website if it was received before 1st Feb the new rule does not apply to you.

Hi, my I130 was received and entered on 2/3/10 and My I129F on 2/4/10. They did not arrive at the same time according to my thinking so that is why I called and asked them. Again I hope that they will still pass my I129F on to the consulate like the customer service person said, but I do remain somewha scared they won't. As soon as I get a new update from them I will post so you guys will have an answer. Sorry for not posting my timeline, can someone tell me how to add mine to these messages? Thanks,

Myra

[maz-yael 0]

we're currently waiting a waiver approval for our K-3 visa. In all this waiting time, our I-130 finally got approved and forwarded to the NVC and i'm assuming is on it's way to the Paris US consulate soon. If we finally get the waiver approved and the consulate got the I-130, can they force us to do a IR? and then alll new forms?! like the I-864 instead of the I-134 sponsorship contract??! oh please tell me not more complications!!!

[Amit-N-Melody 11]

Say Whhhhhaaat? Well, I am anxious to see how this actually plays out. Normally with anything it takes a little time to iron out all the kinks and implement something. How this effects us... well... all I have to say is I am happy that I have studied up on the CR-1 process But a little discouraged to think that even more time will have to be spent away from my Hubby. I agree with some of the other post, I am sure that they knew this was comming and you would of thought that they would of stopped taking applications. At the very least they could honor the petitions that were already filed. Then starting Feb 1 would be when this new policy would take place. Who knows, not saying that they are really thinking correctly, probably some man running it hehehehe JK

Sorry I am a little bit late posting... Grooming 17 dogs today making some $$$

[pushbrk 12,358]

The difference in the time it will take between just being handed a visa, and having to wait for Green Card Production for one...

From interview to visa in hand is the same for K3 and CR1/IR1. The green card production is not ordered for the CR1/IR1 visa holder until after they actually use the visa to enter the USA.

[Amit-N-Melody 11]

@myra adding your timeline is simple. click on the above link that says My Controls, then choose edit my signature. You will type out you timeline there and then everytime you post it will be included

[pushbrk 12,358]

From the Dept. of State website:

Children Have Derivative Status Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the U.S., they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age. See child.

If the Child is Not Named on the I-129F Petition, Will That be a Problem?

The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.

I would imagine that where it says "K-3" it's now going to say "CR-1"??

All the above is irrelevant to the IR or CR visas for which there IS NO derivitive status. There's no reason to change any of it. It's all still correct.

[christeen 966]

I am not sure how the thinking is on how this will delay the USCIS process... As it stood anyway, the I-130 was pulled from the que when the I-129 was filed, so for the vast majority of cases both were approved at the same time... So in theory, this should speed up the process at USCIS since they will not be processing 2 full set of documents and different applications.

NVC is a fairly quick process as long as you have your info together and required documents... These are the same documents (with the exception to the I-134 versus 864, but in essence they are very similar forms and require basically the same information) that you would be turning in to the Embassy, but instead you are turning it in to NVC...

The one complication I see is with respect to the issue of children... More research as to how this will be handled is needed...

To Christi and Ian, the wait for greencard production comes AFTER you have entered the USA and activated the visa. The visa put into the passport is virtually the same, only one states K3 the other CR or IR... The consulate after receiving the documents from NVC will interview and place a visa in the passport that you have 6 months to activate. After you enter, then and only then is the physical production of the GC started... So this change will not cause delay for GC production.

Personally I think that the K3 needed to be eliminated as it was not reuniting families faster, for which the purpose of the visa was for... They were taking nearly the same time as the CR1, costing much more for both the Govt and the immigrant families thus obsolete... However, I think they might have avoided some of this fear factor by giving notice of their intent so those people who were counting on the K3 could make adjustments... A bit hasty in implementation

[Christi and Ian 24]

To Christi and Ian, the wait for greencard production comes AFTER you have entered the USA and activated the visa.

Then I quite happily stand corrected!!