Looks like Congress is the next step

[Sc0tt28 26]

Well, I got good news and I got bad news.

The good news is that I received the NOA2 for my I-129F on February 24, 2010.

The bad news is that I received the NOA2 for my I-130 on February 24, 2010.

Yeah, I chickened out and called NVC to see if they would pretend like they didn't see my I-130 packet until they mailed off my K-3 packet. Of course they were very sympathetic to my case (blue is universal sarcasm font here too right?) but they said no.

So has anyone else called their congress-person regarding their K-3 case or am I going to be the first one? Anyone have any luck with that endeavor by the way?

[canadian_wife 1,822]

If you think contacting congress is your next best step to ensure you follow the K-3 (which I"m not sure it is) then by all means you should. However, you should be prepared for them to be as sympathetic to your case as NVC was. The CR-1 is a perfectly suitable visa and in many ways, a superior one. You'll likely hear the same from congress that you do from NVC.

What do you have to lose though right? Contact them and keep us posted

Good luck.

[pushbrk 12,898]

Well, I got good news and I got bad news.

The good news is that I received the NOA2 for my I-129F on February 24, 2010.

The bad news is that I received the NOA2 for my I-130 on February 24, 2010.

Yeah, I chickened out and called NVC to see if they would pretend like they didn't see my I-130 packet until they mailed off my K-3 packet. Of course they were very sympathetic to my case (blue is universal sarcasm font here too right?) but they said no.

So has anyone else called their congress-person regarding their K-3 case or am I going to be the first one? Anyone have any luck with that endeavor by the way?

What is there in your case or circumstance that compels you to take the K3 route? Is there a child or children you failed to file I-130 petitions for?

[astronaut 3]

So glad to see that I am not the only one going through this whole K3 situation! I am so with you on the frustration!

I have been in touch with my Senator's office, who has been very sympathetic to our situation, and has put out several inquiries to find out what is going on with the K3 closing procedures. When I spoke to the Senator's office again last week the direct response was "This should be a straight forward thing for you, and I see that it's not."

I've seen many posts on VJ about how the K3 is not good for anyone, but there are situations that make a K3 a better choice for families. In our circumstances, the benefit of a k3 enables our family to travel only an hour to Vancouver for an interview rather than to Montreal. The k3 also is a multiple entry visa which is a benefit in our sitatuation. Another biggie is the "proof of domicile" questioning that people are encountering while being interviewed for the CR1 in Montreal.

How ironic that the K3 was designed initially out of compassion for families to reunite them sooner while they can continue the CR1. If the K3 situation is not available to us, our family would be required to create a time of seperation, just to meet their requirements of proof of domicile!

Another thing that bothers me about this whole k3 situation, is that the people who don't reveal their intent to immigrate can likely get across the border, wait for the 60 days and just file their paperwork for immigration quite easily in the US. We have chosen as a family to not go this route. Who wants to start their next chapter in their lives based on deception? Believe me I understand why people do cross the border and file on the US side. Very tempting! It seems we're being penalized for doing the right thing and following the rules.

Yesterday I received the NOA1 for the I-130. Nothing has come in yet in regards to the I-129F.

[Sc0tt28 26]

So glad to see that I am not the only one going through this whole K3 situation! I am so with you on the frustration!

I have been in touch with my Senator's office, who has been very sympathetic to our situation, and has put out several inquiries to find out what is going on with the K3 closing procedures. When I spoke to the Senator's office again last week the direct response was "This should be a straight forward thing for you, and I see that it's not."

I've seen many posts on VJ about how the K3 is not good for anyone, but there are situations that make a K3 a better choice for families. In our circumstances, the benefit of a k3 enables our family to travel only an hour to Vancouver for an interview rather than to Montreal. The k3 also is a multiple entry visa which is a benefit in our sitatuation. Another biggie is the "proof of domicile" questioning that people are encountering while being interviewed for the CR1 in Montreal.

How ironic that the K3 was designed initially out of compassion for families to reunite them sooner while they can continue the CR1. If the K3 situation is not available to us, our family would be required to create a time of seperation, just to meet their requirements of proof of domicile!

Another thing that bothers me about this whole k3 situation, is that the people who don't reveal their intent to immigrate can likely get across the border, wait for the 60 days and just file their paperwork for immigration quite easily in the US. We have chosen as a family to not go this route. Who wants to start their next chapter in their lives based on deception? Believe me I understand why people do cross the border and file on the US side. Very tempting! It seems we're being penalized for doing the right thing and following the rules.

Yesterday I received the NOA1 for the I-130. Nothing has come in yet in regards to the I-129F.

Do you mind if I ask which Senator you contacted? You mentioned Vancouver only being about an hour away and that's about as far away as I am. Contacting the same Senator might indicate to them that this is not the minor little problem everyone seems to think it is.

[Sc0tt28 26]

If you think contacting congress is your next best step to ensure you follow the K-3 (which I"m not sure it is) then by all means you should. However, you should be prepared for them to be as sympathetic to your case as NVC was. The CR-1 is a perfectly suitable visa and in many ways, a superior one. You'll likely hear the same from congress that you do from NVC.

What do you have to lose though right? Contact them and keep us posted

Good luck.

We've had this discussion before but I'll discuss it again. I contend the IR-1 (we've been married more than 2 years) is not the "superior" visa that you claim it is. I'll address some of the "benefits" of the IR-1 and compare them to the K-3. Keep in mind that I am aware that my particular case is somewhat unique however it seems that "astronaut" seems to have a very similar situation and I'm sure that we aren't the only 2 people for whom the K-3 would be the best option and so I reject as false, any notion that the K-3 is obsolete.

--IR-1: When you POE, you are a permanent resident right away and don't have to file for an EAD

--K-3: I live 30 minutes from the Canadian border, my wife intends to continue working in Canada and so even when she gets her green card, her ability to seek employment in the US is a moot point.

--IR-1: Same as the first one, but this time you don't have to file for Adjustment of Status, which is costly ($1,080)

--K-3: A flight to Montreal from Vancouver, hotel, meals, missed work, inconvenience, etc. would far out-weigh the cost of the AOS. My wife is a stone's throw away from the consulate in Vancouver (and it would seem so is "astronaut" and I'm sure others). So, as much as you think that the K-3 is a crazy idea, the idea of not utilizing a consulate so close is absolutely foolish.

--IR-1: ??? I'm sure I missed a couple more....do feel free to remind me

--K-3: As astronaut pointed out, proof of domicile is not required. Not that this shouldn't be an easy one to deal with but my wife lives with her parents and its just more of a hassle to try and get it.

There are more but I gotta get going. Let me know what I'm forgetting. Thanks.

[pushbrk 12,898]

--K-3: I live 30 minutes from the Canadian border, my wife intends to continue working in Canada and so even when she gets her green card, her ability to seek employment in the US is a moot point.

Sometimes a question is just a question, you know, so the answer can be understood. I agree completely that for your circumstances and plans, the K3 visa is an excellent choice. I hope you'll be successful in keeping the I-129F moving through NVC. A direct request from you backed up by a member of Congress is a good idea. You actually still do have a need for the K3 visa. This is one of the several scenarios NVC has not clearly thought through before adoption their new policy. They certainly have the discretion to keep these cases open. I hope they will when requested. Please keep us posted.

[Kimbear 53]

I was under the impression that the Montreal Consulate was the only consulate that did spousal visas, cr1/ir1 and k3? Has vancouver always done k3?

[Sc0tt28 26]

I was under the impression that the Montreal Consulate was the only consulate that did spousal visas, cr1/ir1 and k3? Has vancouver always done k3?

I don't know about always but they have for a while at least.

[Sc0tt28 26]

Sometimes a question is just a question, you know, so the answer can be understood. I agree completely that for your circumstances and plans, the K3 visa is an excellent choice. I hope you'll be successful in keeping the I-129F moving through NVC. A direct request from you backed up by a member of Congress is a good idea. You actually still do have a need for the K3 visa. This is one of the several scenarios NVC has not clearly thought through before adoption their new policy. They certainly have the discretion to keep these cases open. I hope they will when requested. Please keep us posted.

pushbrk, I'm sorry if I came across as being rude in any way. The statement "CR-1/IR-1 is the way to go...forget about the K-3, its obsolete" just really irritates me because obviously some people have no idea and yet they spout off #######. I'm not saying that you are one of the ones that has said this, you just got caught in the crossfire I guess.

[astronaut 3]

Sc0tt28, I think we have many similarities in our sitatuion. I've contacted the senator's office in the State where I am still registered & active as an absentee voter, in the midwest. Next time in speaking with their office, I'll pursue the idea of him accepting calls from others in the same situation, even though they may not have any ties to that particular state. Have you also tried to talk to someone in the state where your relatives live as well? I'll get back to you on the response from the senator's office in my state. Working together on this would be a great idea.

Somewhere on VJ (Canadian section?) there was a mention of a name of a Congressman or Senator's office who has been reported to have intervened with Montreal on the proof of domicile situation too.

[bscobrown 0]

Sometimes a question is just a question, you know, so the answer can be understood. I agree completely that for your circumstances and plans, the K3 visa is an excellent choice. I hope you'll be successful in keeping the I-129F moving through NVC. A direct request from you backed up by a member of Congress is a good idea. You actually still do have a need for the K3 visa. This is one of the several scenarios NVC has not clearly thought through before adoption their new policy. They certainly have the discretion to keep these cases open. I hope they will when requested. Please keep us posted.

I found that this discussion is very similar to what I will be facing in the future. I am a USC living in Vancouver, BC with my CDN wife and child (with another on the way). Since I filed the I-130 directly with the US consulate at the beginning of the month, my wife will have a newborn around the time of the interview. I have not yet recieved my NOA-1, so I am still debating whether to send off my I-129. If the K3 visa is administratively closed, are you reumbursed the I-129 filing fee? Any help/encouragement would be greatly appreciated.

[elmcitymaven 9,712]

I found that this discussion is very similar to what I will be facing in the future. I am a USC living in Vancouver, BC with my CDN wife and child (with another on the way). Since I filed the I-130 directly with the US consulate at the beginning of the month, my wife will have a newborn around the time of the interview. I have not yet recieved my NOA-1, so I am still debating whether to send off my I-129. If the K3 visa is administratively closed, are you reumbursed the I-129 filing fee? Any help/encouragement would be greatly appreciated.

If you file directly with the consulate (aka DCF), you are not eligible to file for a K3. DCF will only result in a IR1/CR1. The only way to file for a K3 in your situation would be to stop the processing, forfeiting the fee already paid, and refile via a Stateside service center, paying more fees to refile. It seems like a waste of time and money to me.