NVC Conversation: K3 Visa

[bobby_kvisa 7]

I had a somewhat short talk with the NVC last night about the K3 Visa. I am going to paraphrase what they said as best as I can remember. I thought to share here since someone might find it useful.

Question: Hello I do not have an NVC file number, but I just wanted to ask general questions.

NVC Rep: Sure

Question: I have heard that the K3 Visa is obsolete. I saw a notice on the Dept of State website where it seems to say the K3 visa is no longer available and that in all likelihood such a petition will be effectively considered only for the CR-1. Is that true?

NVC Rep: Well, the K3 Visa is still being offered but only in certain cases. The CR-1 is more of a permanent visa and now that is the visa we are leaning towards.

Question: Well in my case I have already filed the I130 and have been intending to do the K3. What will happen if I file my I129F petition once I receive my I130 receipt.

NVC Rep: Well I cannot say what will happen in your case, but if we receive both an I130 and an I129F we will just go with the I130.

Question: And close or cancel the I129F (K3) petition?

NVC Rep: Yes.

Question: You mean to say you will only consider my application for the CR-1?

NVC Rep: Yes most likely. The I130s are being processed faster than I129Fs so if we receive your I130 first we will just go with that.

Question: How many K3 visas have you seen coming through recently?

NVC Rep: It's a process that I don't understand that clearly yet, but we have seen very few K3 visas coming through for a little while.

Question: So then it sounds like the notice that I saw on the Dept of State website is now the precedent?

NVC Rep: Yes it seems so.

Question: Then why is there such little information out in the public that the K3 visa is essentially no longer valid?

NVC Rep: We wonder that ourselves everyday.

Again this is a paraphrased conversation and not verbatim. I was really nervous when talking with them so I asked him a lot about the forms I130 and I129 and which one they will look at - and also which visa they will offer me. In any event, the rep was very nice and friendly so I plan to call them again and ask some more questions (general and particular).

Hopefully this helps others, this forum is great !

Edited March 26, 2010 by bobby_kvisa

[OBX 51]

Very interesting! Thanks for sharing this.

[sachinky 465]

This is old news.

If the 129f and I130 is approved at the same time and reaches NVC on the same day, the K-3 will be administratively closed and the applicant will have to follow the CR-1 route. Which is ultimately, a superior visa.

[darkangel1215 4]

That was what happened to me. We were in K3. Our I130 and 129F approved after feb 1 and It was approved at the same time. So we go to CR1 because of the rules they implemented. In my opinion CR1 is much better than K3.

[christeen 966]

Which means that they must first unite the K3 application and the CR1 application, so the CR1 is pulled from wherever it is at and then processed with the I-129 and you lose some time because your CR1 file was pulled from its place to join the K3...

My best advice is to just go with the CR1 as it is the superior visa and not waste any time with the K3 filing...