Why are people advising others that the K3 is obsolete?

[pushbrk 12,893]

Well I'm a bit of a Guinea pig in this whole K3 situation since the Feb 1st change. Our K3 app was mailed out right around Feb 1st from our atty's office with request in bold print to please delay sending the I130, and send the I129F alone first as we wanted to have the K3, rather than CR1. We'll see what happens. We're also on an afficial list with aila's attys requesting to be grandfathered in. I'm hearing back that the ones getting any possible consideration are the families with K4 apps for families. Only time will tell what happens. I do believe in miracles though, and know that whatever way things go, it ultimately will work out okay.

Now for delaying the I130 and letting the I129f move forward, wouldn't an RFE on the I130 make that happen?

Also, my understanding is that the I139 and I129F are sent to 2 seperate locations, and are joined later at the NVC. Maybe I misunderstood that point though.

You misunderstood. For over three years, the two petitions have been processed as a married pair. Cases filed in advance of February 1st with K4 children involved are ones I think should be exceptions but we have no evidence any exceptions will be made. The other exceptions, IMO, are those without immediate immigrant intent but who are not otherwise able to enter the US. Until I see reports of exceptions actually being made, I advise against any expectation of a K3 or K4 visa for ANYBODY who has not yet filed a petition.

For those cases with kids, the obvious solution is to file petitions for each eventual visa applicant.

For cases with no immediate immigrant intent, letters requesting their I-130's be held are worth a try.

My wife and daughter came as K3 and K4 in 2006 when it still saved significant time. K3 has been a wash overall on time for over three years. Why USCIS still publishes material indicating K3 is a way to wait in the US while an immigrant visa is processed is beyond my understanding. It's patently false today because of their own policy of processing the petitions together.

[Dr. A ♥ O 203]

I tried to call DOS again and got an automated message for the public inquiries division that due to the problems in Haiti they are still experiencing a high volume of calls and to call again later. While listening to the the options on their voice system and going through the menu they said non-immigrant visas are still available and you may get identical information at their website travel.state.gov. So I went back there and this time typed in their search just K3 and came up with several listings of information from April 5th, 2010 regarding the K3 visa. Search: http://travel.state.gov/search/search_4654.html

http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html

^ That link answers the question about K4's being dependent on K3's to come here. The article is published on Sept. 7th, 2001 and goes back to the LIFE Act even though in the search it comes up as April 5th, 2010 which is after the Feb 1st date.

To qualify for K4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K3 applicant. The USCIS rule notes that the U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of that spouse. These children are to be listed on the I-129F petition for the spouse.

5. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement "to file a Form I-130 immigrant visa petition on behalf of the aliens children seeking K4 nonimmigrant status, since K4 is merely a derivative nonimmigrant classification," according to the USCIS rule. K4s are dependent on K3s for their status.

6. However, as the USCIS rule explains, the K4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained LPR status, but the child would have to wait for an available visa number. Finally, according to the USCIS rule, as the immigrating parent, upon adjusting status, "would no longer be in K-3 status, the child would no longer be in lawful K-4 status, since this is merely a derivative classification", and that child would begin to accrue unlawful presence. As the K3/K4 may not change status in the United States to another NIV category (see below), the continued lack of an I-130 petition will eventually create adjustment of status problems for the K4. K4s who do not meet the definition of stepchild in INA 101(b)(1)(B) because the stepchild relationship was not established before the stepchilds 18th birthday will face the same problem K2 derivative children of fiances have long encountered, i.e., the U.S. citizen spouse will be unable to file the I-130 petition on their behalf. In these cases, the K3 will have to file the petition when he/she obtains LPR status.

Then that link goes on to answer our questions about the K3.

The K3 Application Process Begins with USCIS in the U.S.

7. U.S. citizen petitioners must file an I-129F petition with USCIS to initiate overseas processing of a K3. The I-129F is the same petition that is used to file for fiance visas. Petitioners should be directed to USCIS for further information on filing an I-129F for K3 status. USCIS has a Website at: HTTP://USCIS.USDOJ.GOV.

8. As is the case for fiance visa petitions, the I-129F must be approved by USCIS in the United States. Neither consular officers nor USCIS offices overseas are delegated the authority to approve these petitions.

USCIS Forwards Approved I-129F Petitions for K3s to NVC

9. USCIS has a new Service Center designed to handle the LIFE Act visas, both V and K3. The new Missouri Service Center (MSC) will adjudicate all I-129F petitions for K3 visas. USCIS will note the country of marriage in the "Remarks" section of the I-129F. Once a petition is approved, MSC will forward the paper case file to NVC as well as the usual electronic data file.

NVC Forwards 129F Petitions Approvals to Posts

10. NVC will electronically enter the case into IVIS, manually enter the country of marriage, and do the NCIC check. When the case clears the NCIC check, NVC will rubberstamp the lower left of the I-129F petition with the notation "NCIC Cleared." NVC will then scan both sides of the I-129F petition and e-mail the case to the post in the country of marriage noted on the petition. If a case instead results in an NCIC "hit," NVC will mark "NCIC Hit" in the lower left corner of the petition and will e-mail to post a copy of the "hit sheet" with the scanned petition. Posts must then follow the usual fingerprinting procedures.

11. ACTION REQUESTED: As soon as possible, all K3 issuing posts must send an e-mail message to Sandra Shipshock at NVC listing the e-mail address(es) at post to which K3 petitions may be sent from NVC. Posts should create a separate K3 e-mail inbox for receipt of these petitions, or if this is not possible, list several consular staff members as recipients.

12. For IV-issuing posts, NVC will also e-mail K3 files for loading into posts IV application. Non-IV-issuing posts will have only the NIV system in which to manually enter data for actual visa issuance and will likely need to maintain paper files for 221g refusals.

13. NVC will not send K3 applicants a letter explaining K3 eligibility as is currently done for V applicants.

14. NVC will retain the I-129F for two years before shredding it.

The rest of that link goes into further detail about the K3 process if anyone cares to read it.

http://travel.state.gov/visa/laws/telegrams/telegrams_1399.html

^ This article is also from April 5th, 2010 and is dated April 2nd. It addresses the processing of the V and K3 and according to this article the K3 visa is still available according to the LIFE Act and explains how it's done. You have to skip through the V part to get to the section on the K3.

K3 Visas

--------

Who is eligible for a K3 visa?

-----------------------------

19. A spouse of a U.S. citizen and unmarried children of that spouse may be issued K3/K4 visas. Note that an unmarried child of a U.S. citizen who is not also the child of a K3 is not eligible for K4 issuance; rather, the U.S. citizen must file an I-130 petition for IR2 status for his/her child, see Ref E, 32-33.

-----------------------------------------------------

How does a consular officer determine K3 eligibility?

-----------------------------------------------------

20. USCIS must approve an I-129F petition/K3 petition before post can process the K3. Post will receive approved I-129F petitions from USCIS via NVC by scanned e-mail, see Ref E, 7-14. As is the case for K1 fiancé petitions, consular officers are not delegated authority by USCIS to approve K3 petitions. Posts may, however, revalidate K3 petitions, which expire four months from the date of approval, for additional four-month periods, under the provisions of 9 FAM 41.31 N5.2.

---------------------------------------

What about dependents of K3 applicants?

---------------------------------------

21. U.S. citizens are not required to file a separate I-129F petition for a K4 unmarried child of the K3 spouse. A K4 applicant must only demonstrate that he/she is the unmarried child of a K3 applicant in order to qualify for issuance.

------------------------------------------

What is NVC''s role in processing K3 visas?

------------------------------------------

22. NVC receives an approved I-129F/K3 petition from USCIS, performs the NCIC namecheck, and forwards the petition to the processing post by scanned e-mail. Posts must keep NVC informed of any changes in the e-mail address at post to which NVC is sending these cases. Send a Visas Hawk to NVC for any derivative at least 16 years old for whom no NCIC has been run. NVC also sends a letter to the U.S. petitioner to let him/her know the case has been forwarded to post.

---------------------------

Processing/Issuing K3 Visas

---------------------------

23. Standard IV processing is followed, including NCIC namechecks, police certificates, pertinent birth/marriage/divorce/death certificates, standard IV medical exam minus the vaccination requirement, and relationship bonafides, Ref E, 18-25. Unlike K1s and K2s, the IV system will not yet accept K3 as a visa class, and so the systems processing takes place exclusively in NIV. K3s must be issued in the country where the marriage took place, unless there is no IV or NIV issuing post in the country, see Ref E, 15-17. Applicants fill out two copies of the DS-156 NIV application form; they are not required to submit the new DS-157 form. Note that neither an I-864 or an I-134 is required; K3 applicants must present the I-864 when they adjust status in the United States with USCIS. Posts should not routinely require an I-134, except in those cases where the consular officer deems it necessary to overcome any public charge considerations that might arise from documents presented or the interview.

24. Unlike the V, and in the same manner as the K-1, K3 visas must be accompanied by a standard IV-style packet of documents, minus the affidavit of support. The K4''s documents may be included in the K3''s packet.

So it's decided at the USCIS level then forwarded to the NVC with a letter of explanation. Storage of either petitions may be at either location. I didn't find anything out about certain consulates not processing the K3 anymore. That may be found on individual consulate pages possibly.

[pushbrk 12,893]

This is all either old or from the USCIS perspective only. USCIS does not issue visas. DOS does and they get to decide how to interpret the life act after the petition is approved. They have changed their interpretation of what "immigrant visa immediately available" means from "I-130 case file on station at the Consulate" to "I-130 case file present at NVC". They get to make that interpretation, so they get to change it.

If you can get USCIS to forward only the I-129F to NVC, more power to you. I'm not aware of anybody who has managed to make that happen. Are you?

Did I mention USCIS doesn't issue visas?

[LIFE'SJOURNEY 970]

Pushbrk, here is a VJ post that supports your statements. http://www.visajourney.com/forums/topic/254095-i-129f-petition-closed-by-nvc/page__pid__3903549__st__0entry3903549

NVC closed their I-129 b/c the I-130 was recv'd at the same time.

[Ready2Kl 1]

Cleocatra is correct.

Here's a post i just made about a minute ago as to why I filed K3. And I think K3 continues to be a valid visa, for the right person, IF you indicate your intention clearly in a written letter included with your petitions from the start.

http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

For those wishing to move forward with K3 at this time, I would make sure so file so that both petitions do not arrive at the same time at NVC. And to acheive this the best way is to include a letter indicating your intent and attaching with both petitions upon filing.

It appears this new change is merely to minimize the redundancy in administrative work.

Pushbrk, with all the respect, you and I had a discussion about this about two years ago -- I believe at that time you were not in favor of filing 3K. Further, you were deeply convinced that the filing of 129f/130 simultaneously was a bad move. Others at the time become scared and fearful of your advice and convinced themselves not to move forward.

Please refrain from making bold absolutely statements about the topic without absolute certainty. Many people on this board have high regards for you and respect for your posts, so anything you say with absolute inference can be received as truth.

K3 is not dead.

There are people that could benefit from K3.

When excersised properly A K3 visa/status can offer greater advantages than even CR1 or K1.

VisaJourney helped me a lot but there is one place whre I did not follow the advice of the majority of VJ. That is, I went ahead and filed for K3 allthough most on here said its a bad move. I am very glad I DID. K3 definitely saved about 2-3months of time in my case. Even the attorneys I talked to said filing K3 will not slow down your I-130. That is PURE SPECULATION. Few members on here speculated that it did and people keep attesting to that hearsay. In my opinion filing for a K3 might not speeden up your I-130 but its total hearsay to say that it will slow down your I-130 app. The people(from Indian consulates) who have filed around the same time as I did who did not file for K3 are still in the process for their consulate interview. USCIS never said they stopped K3. So K3 is not DEAD technically. I am of the view that if K3 is not very helpful these days because IR1/CR1 got speeded up, then K3 is ALSO not harmful because USCIS never said it will slow down your I-130 process just because you filed for K3. And filing for K3 is FREE as you only pay for the cost of I-130!!! All you are wasting is some extra postage that is below $5. In the worst case USCIS will send your app over to NVC after approval and then NVC can adminstratively close your K3 and proceed with your I-130. What is there to lose???

[pushbrk 12,893]

VisaJourney helped me a lot but there is one place whre I did not follow the advice of the majority of VJ. That is, I went ahead and filed for K3 allthough most on here said its a bad move. I am very glad I DID. K3 definitely saved about 2-3months of time in my case. Even the attorneys I talked to said filing K3 will not slow down your I-130. That is PURE SPECULATION. Few members on here speculated that it did and people keep attesting to that hearsay. In my opinion filing for a K3 might not speeden up your I-130 but its total hearsay to say that it will slow down your I-130 app. The people(from Indian consulates) who have filed around the same time as I did who did not file for K3 are still in the process for their consulate interview. USCIS never said they stopped K3. So K3 is not DEAD technically. I am of the view that if K3 is not very helpful these days because IR1/CR1 got speeded up, then K3 is ALSO not harmful because USCIS never said it will slow down your I-130 process just because you filed for K3. And filing for K3 is FREE as you only pay for the cost of I-130!!! All you are wasting is some extra postage that is below $5. In the worst case USCIS will send your app over to NVC after approval and then NVC can adminstratively close your K3 and proceed with your I-130. What is there to lose???

USCIS doesn't issue visas. Now is not then.

[vivekjay 1]

VisaJourney helped me a lot but there is one place whre I did not follow the advice of the majority of VJ. That is, I went ahead and filed for K3 allthough most on here said its a bad move. I am very glad I DID. K3 definitely saved about 2-3months of time in my case. Even the attorneys I talked to said filing K3 will not slow down your I-130. That is PURE SPECULATION. Few members on here speculated that it did and people keep attesting to that hearsay. In my opinion filing for a K3 might not speeden up your I-130 but its total hearsay to say that it will slow down your I-130 app. The people(from Indian consulates) who have filed around the same time as I did who did not file for K3 are still in the process for their consulate interview. USCIS never said they stopped K3. So K3 is not DEAD technically. I am of the view that if K3 is not very helpful these days because IR1/CR1 got speeded up, then K3 is ALSO not harmful because USCIS never said it will slow down your I-130 process just because you filed for K3. And filing for K3 is FREE as you only pay for the cost of I-130!!! All you are wasting is some extra postage that is below $5. In the worst case USCIS will send your app over to NVC after approval and then NVC can adminstratively close your K3 and proceed with your I-130. What is there to lose???

While the K3 option was still available ofcourse it would have saved couple of months since you skip the NVC stage. You were able to get a K3 interview since from your timeline it appears that your petition was approved before Feb 1st 2010.

Edited April 28, 2010 by vivekjay

[Dr. A ♥ O 203]

This is all either old or from the USCIS perspective only. USCIS does not issue visas. DOS does and they get to decide how to interpret the life act after the petition is approved. They have changed their interpretation of what "immigrant visa immediately available" means from "I-130 case file on station at the Consulate" to "I-130 case file present at NVC". They get to make that interpretation, so they get to change it.

If you can get USCIS to forward only the I-129F to NVC, more power to you. I'm not aware of anybody who has managed to make that happen. Are you?

Did I mention USCIS doesn't issue visas?

You've mentioned this several times and this is why I've pulled the information directly from the DOS website. It seems the K3 is still valid at most consulates. If you read what I quoted from their website and verified the dates of the links yourself you'd know this instead of assuming, once again, that this is old stuff. People are still able to download the information from their website and the Department of State cites the website in their automated phone system as having the exact same information they provide over the phone. I understand that you're trying to help other people but to tell them that the K3 isn't an option anymore based on assumptions is misleading others.

As for knowing anyone whose had their I-129F forwarded before their I-130 since the Feb. 2010 is a bit presumptuous. If we're basing it off of information from VJ it may be impertinent due to varying factors such as processing times, the number of people that filed the K3 since then and the number that reveal their processing information here at this website.

I wouldn't put it past the government though if the automated system and the website were not updated since the NVC memo went out in Feb 2010. However, the dates on the memos from DOS are from April 2010 and the K3 paperwork is still accessible from DOS & USCIS's own websites. If their intention is to stop processing the K3 altogether it would seem to make sense that they would just announce that formally and take down access to this paperwork and save the hassle of everyone filling it out and sending it in for no good reason.

[pushbrk 12,893]

You've mentioned this several times and this is why I've pulled the information directly from the DOS website. It seems the K3 is still valid at most consulates. If you read what I quoted from their website and verified the dates of the links yourself you'd know this instead of assuming, once again, that this is old stuff. People are still able to download the information from their website and the Department of State cites the website in their automated phone system as having the exact same information they provide over the phone. I understand that you're trying to help other people but to tell them that the K3 isn't an option anymore based on assumptions is misleading others.

As for knowing anyone whose had their I-129F forwarded before their I-130 since the Feb. 2010 is a bit presumptuous. If we're basing it off of information from VJ it may be impertinent due to varying factors such as processing times, the number of people that filed the K3 since then and the number that reveal their processing information here at this website.

I wouldn't put it past the government though if the automated system and the website were not updated since the NVC memo went out in Feb 2010. However, the dates on the memos from DOS are from April 2010 and the K3 paperwork is still accessible from DOS & USCIS's own websites. If their intention is to stop processing the K3 altogether it would seem to make sense that they would just announce that formally and take down access to this paperwork and save the hassle of everyone filling it out and sending it in for no good reason.

Consulates can only issue visas when they have a case file on hand. They get their case files from NVC. Both petitions (with rare exception) arrive at NVC together. When both petitions arrive together, the I-129F is administratively closed, so no Consulate is going to see it or be able to issue a visa based on it.

I said some of your information was old and the rest was from USCIS's point of view. Consulates are notoriously late in updating their websites. Many still ask for notarized affidavits of support even though that requirement went away some time ago too.

No sure who you mean by "they". It is DOS through NVC that has taken this action. If USCIS changes their procedures again and processes the petitions separately, this NVC action would become moot. Until or unless that happens K3 is for all intents and purposes, no longer available, regardless of what old information still exists on Consulate or USCIS websites.

I'm curious though about the purpose of your argument. I agree that this sucks for any of the few people that can really benefit from the K3, such as those who do not yet wish to be required to maintain permanent residence in the USA for whatever reason but DO wish to freely come and go as the spouse of a US Citizen. I don't agree with the NVC decision. I'm just very practical about what it means.

[Ready2Kl 1]

Consulates can only issue visas when they have a case file on hand. They get their case files from NVC. Both petitions (with rare exception) arrive at NVC together. When both petitions arrive together, the I-129F is administratively closed, so no Consulate is going to see it or be able to issue a visa based on it.

I said some of your information was old and the rest was from USCIS's point of view. Consulates are notoriously late in updating their websites. Many still ask for notarized affidavits of support even though that requirement went away some time ago too.

No sure who you mean by "they". It is DOS through NVC that has taken this action. If USCIS changes their procedures again and processes the petitions separately, this NVC action would become moot. Until or unless that happens K3 is for all intents and purposes, no longer available, regardless of what old information still exists on Consulate or USCIS websites.

I'm curious though about the purpose of your argument. I agree that this sucks for any of the few people that can really benefit from the K3, such as those who do not yet wish to be required to maintain permanent residence in the USA for whatever reason but DO wish to freely come and go as the spouse of a US Citizen. I don't agree with the NVC decision. I'm just very practical about what it means.

I just looked at Mumbai consulate(India, on their US embassy webpage) interview schedule for May 2010 and April 2010 and there are some K3 interviews scheduled. And typically it takes only a month or so after the I-129F is approved for indian consulates to schedule an interview (since the whole NVC process is skipped) and it does look like they are still processing K3 visas whatever criteria they are using. So the whole thing that "K3 is dead" is TOTALLY INACCURATE. I am not debating if they are the best kind of VISAS . That depends on the individual circumstances. But K3's are not DEAD yet. And I still dont know what the source is when SOME people on VJ say that applying for K3 slows down your I-130 app and puts it back to the line. Is there any official documentation or any attorney's statement that supports that hypothesis? Because the attorneys I have talked to said I-130 doesnt slow down nor fasten up due to an I-129F. In my opinion there is nothing to lose by filing an I-129F petition eventhough there might not be anything you would gain since NVC says they will close down K3 process if they receive I130 and I129F approvals concurrently on their side.

For those who claim that CR1/IR1 is awesome fast nowadays, a person who is on a workvisa(H1B) can go abroad and get married and bring his non-American wife in about a week to US on a H1B dependent visa. But I am yet to see an average person get an Ir1/CR1/K3 visa in less than 6months..This statement has nothing to do with the current topic but I thought I would say that since it gives hope to me that one day probably they will be able to reduce the time to a month instead of the current 6-8 months on average that it takes.

[pushbrk 12,893]

I just looked at Mumbai consulate(India, on their US embassy webpage) interview schedule for May 2010 and April 2010 and there are some K3 interviews scheduled. And typically it takes only a month or so after the I-129F is approved for indian consulates to schedule an interview (since the whole NVC process is skipped) and it does look like they are still processing K3 visas whatever criteria they are using. So the whole thing that "K3 is dead" is TOTALLY INACCURATE. I am not debating if they are the best kind of VISAS . That depends on the individual circumstances. But K3's are not DEAD yet. And I still dont know what the source is when SOME people on VJ say that applying for K3 slows down your I-130 app and puts it back to the line. Is there any official documentation or any attorney's statement that supports that hypothesis? Because the attorneys I have talked to said I-130 doesnt slow down nor fasten up due to an I-129F. In my opinion there is nothing to lose by filing an I-129F petition eventhough there might not be anything you would gain since NVC says they will close down K3 process if they receive I130 and I129F approvals concurrently on their side.

For those who claim that CR1/IR1 is awesome fast nowadays, a person who is on a workvisa(H1B) can go abroad and get married and bring his non-American wife in about a week to US on a H1B dependent visa. But I am yet to see an average person get an Ir1/CR1/K3 visa in less than 6months..This statement has nothing to do with the current topic but I thought I would say that since it gives hope to me that one day probably they will be able to reduce the time to a month instead of the current 6-8 months on average that it takes.

Attorneys are not "official". It's a simple fact that when the two petitions are put together on the same desk to be adjudicated together that the "processing time" is based on the receipt date of the I-129F. The I-130 is taken out of its place in the waiting line and put back with the later filed I-129F.

If you have evidence NVC is not following their own new procedures, please provide it. K3 interviews on a schedule says nothing about when the case files were received by NVC.

[Ready2Kl 1]

It's a simple fact that when the two petitions are put together on the same desk to be adjudicated together that the "processing time" is based on the receipt date of the I-129F.

Push,

What is your basis on which you say that an I130 processing date is based on the receipt date of I-129F and not on the basis on I-130 receipt date when there is an I-129F on file? You say it is a simple fact but what is your source?

You are right about Attorney's not being official. But they sure have more knowledge about the LAW than any amateur person interested in immigration law. Law school and Law Practice is not a joke or easy no matter what some people might comment.

[astronaut 3]

I talked to someone in a management role a couple of weeks ago in person at the Consulate in Vancouver about the K3 visa. The consulate had not even received ANY official documentation about the I129F's being closed after Feb 1st, although they are aware it's the DOS's plan as they've read it on the DOS website too.

At that time, the consulate was still handling apps prior to Feb 1st, so it was too early to know what exactly will happen, and if any apps after Feb 1st would still somehow make it through. This manager was frustrated not even being advised of the change.

That's how wonderful our US govt is sometimes with communications between different departments. How much money is the USCIS spending for preliminary work on the I129F's prior to sending them to the NVC? They are wasting taxpayers money if they'll just be closed anyway!

[pushbrk 12,893]

Push,

What is your basis on which you say that an I130 processing date is based on the receipt date of I-129F and not on the basis on I-130 receipt date when there is an I-129F on file? You say it is a simple fact but what is your source?

You are right about Attorney's not being official. But they sure have more knowledge about the LAW than any amateur person interested in immigration law. Law school and Law Practice is not a joke or easy no matter what some people might comment.

I no longer have links available for the current processing practices of USCIS but here is a link to the initial change. This was followed with a later procedure to process and forward both petitions together.

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Note from the above that this was a mutual agreement between USCIS and NVC. The recent action from NVC is unilateral.

These are only tangentially matters of law. Government agencies, not judges or immigration attorneys are responsible for interpreting and implementing the law, in this case, the Life Act that created the K3 visa.

Until February 1, DOS interpreted the meaning of "immediately available" as it pertains to the requirement to process an immigrant visa instead of the K3 to be when the I-130 case file was on station at a US Consulate abroad. The recent notice effectively changes that definition to indicate DOS considers an immigrant visa to be immediately available if the I-130 case file is at NVC.

I've been watching this process and changes to it for several years. It is my studied opinion that NVC has taken this action at least in part, in preparation for rolling out streamlined electronic processing of immigrant visa cases to most if not all countries as they now do for only China and Canada. USCIS has already streamlined the process of adjudicating I-130 petitions for the spouses of US Citizens, mostly rendering the K3 provisions of the life act, moot anyway. Part of this is a turf war between State and Homeland Security. State issues visas and they get to define what "immediately available" means with reference to the Life Act. If you don't know what I'm talking about find the "immediately available" clause in the Life Act.

Much of the discussion I see in this thread is from folks who are not looking at the whole process because they simply do not have the frame of reference to do so.

For instance, currently scheduled K3 interviews in India more than three months after February 1st are an not an indication of when I-129F petitions were sent from NVC to the Consulate, but rather an indication of when P3 checklists were returned by applicants.

If somebody can find a single report of NVC processing an I-129F for spouse received by them after February 1st, I'd like to see it.

Edited April 29, 2010 by pushbrk

[LIFE'SJOURNEY 970]

ugh I did send you'll a Link ^^ inwhich the VJ member stated that she had recevied a letter from NVC telling her that they was going to kill her I-129.

Pushbrk, here is a VJ post that supports your statements. http://www.visajourn...0entry3903549

NVC closed their I-129 b/c the I-130 was recv'd at the same time.

Edited April 29, 2010 by LIFE'SJOURNEY