Unjust rules

[BBKwife 0]

I decided to marry my wife in Thailand because I have no family here in the USA and she has a huge family in Thailand. I wanted her family to be present at our wedding. I'm glad that we did get married with her family present because we can treasure those memories for the rest of our lives. That's why I choose the K-3 visa route over the K-1. I also thought the K-3 would be faster since it would be forwarded by the NVC to the embassy in Bangkok. I did not want the NVC to process our case. Then the NVC makes a rule that says if they receive the I-130 before or at the same time as the F-129 then they will cancel the F-129. Please unstand these facts.

The K-3 visa is made avaialbe by law. I doubt the REAL intent of the law is to just alllow people to fill-out and submitt a F-129 for a K-3 visa. The intent of the law is to actually allow people to have the ability to obtain a K-3 visa. The NVC has trampled on my rights provided by immigration law. It is VERY HIGHLY unlikely the F-129 will ever beat the I-130 to the NVC because the I-130 must be submitted first. The NVC is part of an agency that falls under the executive branch of government and I do not think it is right for these agencies to make rules or regulations that suspend, alter, or make obsolete a law. The legislative branch should be the only branch of government that makes or changes laws.

Think about this. The US Governemnt produces the F-129 form not only for the purpose of the K-1 but also for the K-3. The Us Governement posts instructions to the public on how to apply for a K-3 visa. The UCISS accepts and processes F-129 application for a K-3 Visa. Our I-130 and F-129 were both approved by the UCISS only for the NVC to cancel the F-129. What a waste of tax payer money and what a waste of resources and time. We now have two agencies working against each other. If the K-3 visa process needs to go away or be changed then it needs to be done in a different way and not the way the NVC is handling this. People should be told up front that they cannot apply for a K-3 visa and government workers should not be on the time clock wasteing tax payer money processing a form that will go no where. This is actually fraud, waste and abuse of taxpayer money. Do you know why they have not told people you cannot apply for a K-3 visa? That fact is it is a right for people to apply and I agrue that it is just for people to have a chance of obtaining a K-3 because that is the true intent of the law.

I contacted the NVC a few weeks ago and unloaded on a poor unknowlegable operator. I do feel bad about that. She put me through to a supervisor. I agrued my case and the supervisor was sympathetic but said the decision about the K-3 visa was made in Washington D.C. I demenad that our F-129 application be send to Bangkok imediately because that is why we applied for it in the 1st place. I wanted the NVC and the Bangkok Embassy to expedite our case. The supervisor instructed me what to do to request an expidite and I followedher instructions. The next day the NVC was true to it's word and sent my expidite request to the embassy in Bangkok to see if they will accept our case. That was two weeks ago. I was told that the Embassy in Bangkok can respond whenever they want to respond reagardless of a time frame. I called the NVC yesterday and I requested a status of my request and again was told the Embassy would respond whenever they want to respond, I then explained to the operator that word expedite means to move fast and so she got yet another supervisor to put in another expedite request. I know it will get denied but they should have given me a promt repsonse. I don't undstandhow an Embassy can have such pwoers. They are Government workers who are servants of the People. I wish that the Secretary of State would explain to her workers that they have their jobs to serve the People of the United States. They should not make rules that bypass or alter laws and they should not have inefficiant processes nor should they abuse power that they really don't have. I'm not a lawyer but the NVC is just plain wrong. My rant is over.

Edited August 14, 2010 by BBKwife

[astronaut 3]

I feel your pain. It's a similar path that I've been on as well. Is there a Senator or Congressman from the state you reside or have ties to that you could contact? If we all contact politicians, perhaps something could happen.

[Justine+David 218]

You have to keep in mind that immigration is a privilege, not a right. We have to play by their rules, unfortunately.

Head over to the CR1 forum for more info on the NVC process.

Congratulations on your marriage!

[canadian_wife 1,822]

They are Government workers who are servants of the People.

No, they are not. They are not in an elected position whoes role is to be 'servants of the people'.

The K-3 was introduced year ago when the Cr-1 was taking, itself, years to process. Since that is no longer the case the K-3 has lost most of its usefullness. Start processing your Cr-1 through NVC since you are convinced your K-3 interview will be turned down.

I hate hearing that people get their way by yelling at other people. The K-3 was not shut down by NVC it is not their fault.

Good luck

Edited August 14, 2010 by canadian_wife

[pushbrk 12,883]

The K-3 visa is made avaialbe by law.

That same law indicates, the K3 is available while awaiting the processing of an immigrant spouse visa. The US State Department has always been empowered to define when an immigrant visa is immediately available. Previously their definition/standard was when both petitions were on station at a Consulate abroad. The new definition, effectively, is "when both petitions are on station at NVC.

Although I too think this new policy is unfair, it is not contrary to the provisions of the Life Act, IMO.

[daboyz 36]

I decided to marry my wife in Thailand because I have no family here in the USA and she has a huge family in Thailand. I wanted her family to be present at our wedding. I'm glad that we did get married with her family present because we can treasure those memories for the rest of our lives. That's why I choose the K-3 visa route over the K-1. I also thought the K-3 would be faster since it would be forwarded by the NVC to the embassy in Bangkok. I did not want the NVC to process our case. Then the NVC makes a rule that says if they receive the I-130 before or at the same time as the F-129 then they will cancel the F-129. Please unstand these facts.

The K-3 visa is made avaialbe by law. I doubt the REAL intent of the law is to just alllow people to fill-out and submitt a F-129 for a K-3 visa. The intent of the law is to actually allow people to have the ability to obtain a K-3 visa. The NVC has trampled on my rights provided by immigration law. It is VERY HIGHLY unlikely the F-129 will ever beat the I-130 to the NVC because the I-130 must be submitted first. The NVC is part of an agency that falls under the executive branch of government and I do not think it is right for these agencies to make rules or regulations that suspend, alter, or make obsolete a law. The legislative branch should be the only branch of government that makes or changes laws.

Think about this. The US Governemnt produces the F-129 form not only for the purpose of the K-1 but also for the K-3. The Us Governement posts instructions to the public on how to apply for a K-3 visa. The UCISS accepts and processes F-129 application for a K-3 Visa. Our I-130 and F-129 were both approved by the UCISS only for the NVC to cancel the F-129. What a waste of tax payer money and what a waste of resources and time. We now have two agencies working against each other. If the K-3 visa process needs to go away or be changed then it needs to be done in a different way and not the way the NVC is handling this. People should be told up front that they cannot apply for a K-3 visa and government workers should not be on the time clock wasteing tax payer money processing a form that will go no where. This is actually fraud, waste and abuse of taxpayer money. Do you know why they have not told people you cannot apply for a K-3 visa? That fact is it is a right for people to apply and I agrue that it is just for people to have a chance of obtaining a K-3 because that is the true intent of the law.

I contacted the NVC a few weeks ago and unloaded on a poor unknowlegable operator. I do feel bad about that. She put me through to a supervisor. I agrued my case and the supervisor was sympathetic but said the decision about the K-3 visa was made in Washington D.C. I demenad that our F-129 application be send to Bangkok imediately because that is why we applied for it in the 1st place. I wanted the NVC and the Bangkok Embassy to expedite our case. The supervisor instructed me what to do to request an expidite and I followedher instructions. The next day the NVC was true to it's word and sent my expidite request to the embassy in Bangkok to see if they will accept our case. That was two weeks ago. I was told that the Embassy in Bangkok can respond whenever they want to respond reagardless of a time frame. I called the NVC yesterday and I requested a status of my request and again was told the Embassy would respond whenever they want to respond, I then explained to the operator that word expedite means to move fast and so she got yet another supervisor to put in another expedite request. I know it will get denied but they should have given me a promt repsonse. I don't undstandhow an Embassy can have such pwoers. They are Government workers who are servants of the People. I wish that the Secretary of State would explain to her workers that they have their jobs to serve the People of the United States. They should not make rules that bypass or alter laws and they should not have inefficiant processes nor should they abuse power that they really don't have. I'm not a lawyer but the NVC is just plain wrong. My rant is over.

I know it's pain. It took me a year to get my wife here. Alot of that was due to an inept attorney. Just go the CR-1/IR-1 route. It's pretty much the same amount of time, and a better visa with a green card showing up about a month after arrival. I'm sure you want your SO here as quickly as possible, as did I, but in the long run you'll be better off CR-1/IR-1.

[nab 74]

I decided to marry my wife in Thailand because I have no family here in the USA and she has a huge family in Thailand. I wanted her family to be present at our wedding. I'm glad that we did get married with her family present because we can treasure those memories for the rest of our lives. That's why I choose the K-3 visa route over the K-1. I also thought the K-3 would be faster since it would be forwarded by the NVC to the embassy in Bangkok. I did not want the NVC to process our case. Then the NVC makes a rule that says if they receive the I-130 before or at the same time as the F-129 then they will cancel the F-129. Please unstand these facts.

The K-3 visa is made avaialbe by law. I doubt the REAL intent of the law is to just alllow people to fill-out and submitt a F-129 for a K-3 visa. The intent of the law is to actually allow people to have the ability to obtain a K-3 visa. The NVC has trampled on my rights provided by immigration law. It is VERY HIGHLY unlikely the F-129 will ever beat the I-130 to the NVC because the I-130 must be submitted first. The NVC is part of an agency that falls under the executive branch of government and I do not think it is right for these agencies to make rules or regulations that suspend, alter, or make obsolete a law. The legislative branch should be the only branch of government that makes or changes laws.

Think about this. The US Governemnt produces the F-129 form not only for the purpose of the K-1 but also for the K-3. The Us Governement posts instructions to the public on how to apply for a K-3 visa. The UCISS accepts and processes F-129 application for a K-3 Visa. Our I-130 and F-129 were both approved by the UCISS only for the NVC to cancel the F-129. What a waste of tax payer money and what a waste of resources and time. We now have two agencies working against each other. If the K-3 visa process needs to go away or be changed then it needs to be done in a different way and not the way the NVC is handling this. People should be told up front that they cannot apply for a K-3 visa and government workers should not be on the time clock wasteing tax payer money processing a form that will go no where. This is actually fraud, waste and abuse of taxpayer money. Do you know why they have not told people you cannot apply for a K-3 visa? That fact is it is a right for people to apply and I agrue that it is just for people to have a chance of obtaining a K-3 because that is the true intent of the law.

I contacted the NVC a few weeks ago and unloaded on a poor unknowlegable operator. I do feel bad about that. She put me through to a supervisor. I agrued my case and the supervisor was sympathetic but said the decision about the K-3 visa was made in Washington D.C. I demenad that our F-129 application be send to Bangkok imediately because that is why we applied for it in the 1st place. I wanted the NVC and the Bangkok Embassy to expedite our case. The supervisor instructed me what to do to request an expidite and I followedher instructions. The next day the NVC was true to it's word and sent my expidite request to the embassy in Bangkok to see if they will accept our case. That was two weeks ago. I was told that the Embassy in Bangkok can respond whenever they want to respond reagardless of a time frame. I called the NVC yesterday and I requested a status of my request and again was told the Embassy would respond whenever they want to respond, I then explained to the operator that word expedite means to move fast and so she got yet another supervisor to put in another expedite request. I know it will get denied but they should have given me a promt repsonse. I don't undstandhow an Embassy can have such pwoers. They are Government workers who are servants of the People. I wish that the Secretary of State would explain to her workers that they have their jobs to serve the People of the United States. They should not make rules that bypass or alter laws and they should not have inefficiant processes nor should they abuse power that they really don't have. I'm not a lawyer but the NVC is just plain wrong. My rant is over.

i understand your pain and am sorry youre going through this. You just needed a sounding board for your frustration and that's what we should be here for, for support.

I know the "CR1/IR1 is better than K-3" comments dont help your feelings; for some people those extra months dont matter for some of us it does so definitely i can understand the anger at that. I too dont understand the getting rid of the K-3 because even though the CR1/IR1 does not take years now still there is a little extra time involved and some have other reasons for a K-3 than immigration. Since most want it for that, those of us who really need the K-3 will probably get stuck waiting for the CR1/IR1.

i wish that your i-130 gets processed quickly let us know how things go

[Darnell 8,478]

BBK - I feel yer pain, I really do.

But, just for now, let me share some other pain with you.

The Life Act, which enabled a K-3 visa, was a godsend to many couples, as the I-130 was taking years to wind it's way through USCIS and NVC, with the related namechecks that occur. So, that was a good thing, to remove that pain of waiting years, yes?

Once a K-3 visa holder arrives in USA, hey ! Can't work, can't get a SSN, can't apply for a drivers license (usually), can't get added to a bank account (SSN requirement, usually) UNTIL AOS is filed - BOOM ! There's another pain of 1010 outta the USC's pocket, plus the pain of the K-3 visa holder being UNABLE to adjust in USA society.

Thankfully, the namechecks have gotten automated over the last 4 years, and go really fast. So, you can really blame automation on this, truly. The thing that makes the difference, for a K-3, is having an approved I-130.

If that approved I-130 'went through' at the same time as a K-3 - for the last 2 years, prior to 1 FEB 2010 -

HEY ! many people had a 'safety net' - where IF the K-3 interview was DENIED, then could kick start the I-130 into play at NVC, handle all NVC processing, and have another go for a CR-1 interview.

Some smart boy beancounter did some study, found out about the time slippage, decided to suggest that the I-129F get administratively closed at NVC, when travelling together with an approved I-130, as NVC processing can take 1 to 3 months, if the USCitizen is 'driving all' . Then there were decisions at the Consular level (that pushbrk mentioned) where a Consulate could decide to skip any K-3 processing locally, and tell the intending immigrant to come back later with the CR-1 casefile arrives.

IMO, really, the CR-1/IR-1 visa is superior to the K-3 visa, on all fronts - especially today - as a K-3 only saves 1 to 9 months of 'not in USA time' and has this huge downside (mentioned above).

If you'd like to pursue the CR-1 with NVC processing, at some point - hey ! make another post, I'll follow you a bit, give you the handy-dandy mini-how-to for driving stuff into NVC.

Edited August 14, 2010 by Darnell

[BBKwife 0]

You have to keep in mind that immigration is a privilege, not a right. We have to play by their rules, unfortunately.

Head over to the CR1 forum for more info on the NVC process.

Congratulations on your marriage!

Thank you to everyone for the kind words. At this point I'm technically going through the CR1 process as the NVC has all of our paper work and I've been waiting for 7 weeks for checklist approval. Two weeks ago I jusy got angry because it hit me that our case really should already be at the Embassy in BKK and my wife should alreay have an appointment. For me it's about my Government playing by the rules and doing the right thing. My wife and I did everything that was asked of us. We filled out every form they wanted and sent in every payment they wanted. We played by their rules and then they abrubtly changed the rules because someone in the Governnment did not like how the game is played. I'm willing to play the rules and I can take whatever process they dish out but it's wrong when they change the rules in mid-game.

I'm also angry the the UCISS accepts and processes F-129 applications for K-3 applicants knowing darn wll the K-3 will never get approved. That is truly a waste of taxpayer money. I did contact my congressman. It seems like immigration is a mess on all fronts and the whole system needs to be blown up.

Everyone should be forced to play by the rules including agency workers. If the K-3 visa is still be "advertised" as an option and the UCISS is still accepting it and processing it then the least the NVC can go is expedite all K-3 cases or else they should get rid of the K-3 altogether and not accept K-3 applicatiosn at the UCISS.

[BBKwife 0]

I decided to marry my wife in Thailand because I have no family here in the USA and she has a huge family in Thailand. I wanted her family to be present at our wedding. I'm glad that we did get married with her family present because we can treasure those memories for the rest of our lives. That's why I choose the K-3 visa route over the K-1. I also thought the K-3 would be faster since it would be forwarded by the NVC to the embassy in Bangkok. I did not want the NVC to process our case. Then the NVC makes a rule that says if they receive the I-130 before or at the same time as the F-129 then they will cancel the F-129. Please unstand these facts.

The K-3 visa is made avaialbe by law. I doubt the REAL intent of the law is to just alllow people to fill-out and submitt a F-129 for a K-3 visa. The intent of the law is to actually allow people to have the ability to obtain a K-3 visa. The NVC has trampled on my rights provided by immigration law. It is VERY HIGHLY unlikely the F-129 will ever beat the I-130 to the NVC because the I-130 must be submitted first. The NVC is part of an agency that falls under the executive branch of government and I do not think it is right for these agencies to make rules or regulations that suspend, alter, or make obsolete a law. The legislative branch should be the only branch of government that makes or changes laws.

Think about this. The US Governemnt produces the F-129 form not only for the purpose of the K-1 but also for the K-3. The Us Governement posts instructions to the public on how to apply for a K-3 visa. The UCISS accepts and processes F-129 application for a K-3 Visa. Our I-130 and F-129 were both approved by the UCISS only for the NVC to cancel the F-129. What a waste of tax payer money and what a waste of resources and time. We now have two agencies working against each other. If the K-3 visa process needs to go away or be changed then it needs to be done in a different way and not the way the NVC is handling this. People should be told up front that they cannot apply for a K-3 visa and government workers should not be on the time clock wasteing tax payer money processing a form that will go no where. This is actually fraud, waste and abuse of taxpayer money. Do you know why they have not told people you cannot apply for a K-3 visa? That fact is it is a right for people to apply and I agrue that it is just for people to have a chance of obtaining a K-3 because that is the true intent of the law.

I contacted the NVC a few weeks ago and unloaded on a poor unknowlegable operator. I do feel bad about that. She put me through to a supervisor. I agrued my case and the supervisor was sympathetic but said the decision about the K-3 visa was made in Washington D.C. I demenad that our F-129 application be send to Bangkok imediately because that is why we applied for it in the 1st place. I wanted the NVC and the Bangkok Embassy to expedite our case. The supervisor instructed me what to do to request an expidite and I followedher instructions. The next day the NVC was true to it's word and sent my expidite request to the embassy in Bangkok to see if they will accept our case. That was two weeks ago. I was told that the Embassy in Bangkok can respond whenever they want to respond reagardless of a time frame. I called the NVC yesterday and I requested a status of my request and again was told the Embassy would respond whenever they want to respond, I then explained to the operator that word expedite means to move fast and so she got yet another supervisor to put in another expedite request. I know it will get denied but they should have given me a promt repsonse. I don't undstandhow an Embassy can have such pwoers. They are Government workers who are servants of the People. I wish that the Secretary of State would explain to her workers that they have their jobs to serve the People of the United States. They should not make rules that bypass or alter laws and they should not have inefficiant processes nor should they abuse power that they really don't have. I'm not a lawyer but the NVC is just plain wrong. My rant is over.

I wanted to say a coupe of other things. I do not feel that my wife and I are any more important than any other couple or family and that our case "deserves" to be processed more quickly than any others. I know that there are very good Americans who have been waiting much longer than I have for their loved ones to come to our great country. I just wanted fair treament and i am willing to wait 6 months or two years if that is what it takes. I love my wife and I love the United States and I will do anything for either. Immigrations is truly not a privilage because without some form of immigration we would have no United States and our country would not be so special. This was an opportunity for me to vent and I again thank everyone for the kind words. 8 months ago I did not know an I-130 or F-129 from a flying saucer. When the NVC said that as of FEB 6th or whatever date it was they would start canceling F-129 applications if they arrive before the I-130 then people like me really did not understand those ramifications. You know I called the NVC before I applied and asked about this. The operator told me to just sumbitt both forms at the same time and write K-3 visa and please prcess F-129 first. I did that. You know what happened? Both forms were rejected and I had to sumitt againa nd the rest is history.

You could say I should have seaked leagal advice first. That is costly for a modest man such as myself. It would be cheaper in Thailand I know but it's really hard to tell a scam artist from a legit person in Thailand. Do you know as soon as a couple walks out of the embassy in Bangkok there are vultures everywhere trying to get money from the couple by offering translation services to processing all paperwork for the couple in 2 hours (which is impossible).

It's been quite an adventure and long process and I held it toether for a long time. It's hard to vent to freinds or family about this because they do not know anything about the process either. I am thankful this site exist for all the information it provides and they kind members who offer support and advice. I wish everyone good luck. To the other American Thai couples going throught he same process I say choke dee and don't give up.

[nab 74]

BBK - I feel yer pain, I really do.

But, just for now, let me share some other pain with you.

The Life Act, which enabled a K-3 visa, was a godsend to many couples, as the I-130 was taking years to wind it's way through USCIS and NVC, with the related namechecks that occur. So, that was a good thing, to remove that pain of waiting years, yes?

Once a K-3 visa holder arrives in USA, hey ! Can't work, can't get a SSN, can't apply for a drivers license (usually), can't get added to a bank account (SSN requirement, usually) UNTIL AOS is filed - BOOM ! There's another pain of 1010 outta the USC's pocket, plus the pain of the K-3 visa holder being UNABLE to adjust in USA society.

Thankfully, the namechecks have gotten automated over the last 4 years, and go really fast. So, you can really blame automation on this, truly. The thing that makes the difference, for a K-3, is having an approved I-130.

If that approved I-130 'went through' at the same time as a K-3 - for the last 2 years, prior to 1 FEB 2010 -

HEY ! many people had a 'safety net' - where IF the K-3 interview was DENIED, then could kick start the I-130 into play at NVC, handle all NVC processing, and have another go for a CR-1 interview.

Some smart boy beancounter did some study, found out about the time slippage, decided to suggest that the I-129F get administratively closed at NVC, when travelling together with an approved I-130, as NVC processing can take 1 to 3 months, if the USCitizen is 'driving all' . Then there were decisions at the Consular level (that pushbrk mentioned) where a Consulate could decide to skip any K-3 processing locally, and tell the intending immigrant to come back later with the CR-1 casefile arrives.

IMO, really, the CR-1/IR-1 visa is superior to the K-3 visa, on all fronts - especially today - as a K-3 only saves 1 to 9 months of 'not in USA time' and has this huge downside (mentioned above).

If you'd like to pursue the CR-1 with NVC processing, at some point - hey ! make another post, I'll follow you a bit, give you the handy-dandy mini-how-to for driving stuff into NVC.

just my .02

SSA says SS# is NOT a requirement for a bank account.

I've been told by one bank it is (and given quite a hard time to boot!), then turned around and got a joint bank account at that same bank after i called their legal dept and reported the person who jerked me around. Another bank freely opened an account without his SS#. So in the USA (IDK about other countries) definitely dont give up on getting a joint account, persistance is the key. One of my 3 life mottos is: never accept "no" from someone who does NOT have the authority to give you a "yes".

SSA is a federal agency so this does not vary from state to state. Go to their webiste where it states no SS# is required and take a print out to your bank. you will need to fill out a form for the bank as well, W-8BEN( http://www.irs.gov/instructions/iw8 ) which they will supply but that link will make you familiar with it.

As far as driver's license, that is up to the individual states and IDK which do and don't but i know my state does allow a DL; i believe there are many others as well. It would be easy for the USC to call their BMV and find out.

Also, in larger cities with excellent transportation this could be a non-issue. city buses in US vary greatly from the buses in the countries from which many people are immigrating (i.e. not as crowded, dirty, dangerous).

another thing to keep in mind if the immigrant is not used to driving, perhaps a DL isnt the first thing which should be addressed when they arrive as the 'rules of the road' in their country can vary greatly from USA (mental imagine of couple of my Dominican friends driving like they're playing Grand Theft Auto... definitely wouldnt want THAT responsibility on MY insurance)

as far as working, if plans have been made the non-working thing isnt an issue either... how much time not working, 3 months maybe? this can be a great opportunity for the immigrant to volunteer in areas they may want to pursue paid work later, then they have XP in USA to put on a resume.

An ITIN can be used to substitute for a SS# for filing taxes or doing other things (other than working) that a SS# is needed for.

None of these issues are (as you say) "a huge downside" big enough for me to want to keep spouse away for any extra time especially not (as you state) 1-9 months.

somewhat but...

this is one thing which sticks in my craw.... SS# is for INCOME PURPOSES ONLY yet people have begun to use it for much different purposes. this is NOT an insurance # (have your ins co give you an alternative # for ID), this is not a money transfer # (dont allow western union workers bully you into giving it), it is not required for cashing a check, or voting, or winning a prize from someone who calls you on telephone

and even in income purposes you should NOT give it to "prospective employers", you can supply that upon being hired (and tell them that on their little form). if you knew what they do with it you would NOT supply it!

i think people weren't listening when issued their SS#, told to "keep it safe, and not to give it out"....

on the original post of K3s... just because the CR1/IR1 is shorter now (though still not as quick as the K3s were) doesnt make it the greatest or best option for all (although not ALL are being closed). For some the nonimmigrant K3 is necessary and preferred over the immigrant visa.

[pushbrk 12,883]

Then there were decisions at the Consular level (that pushbrk mentioned) where a Consulate could decide to skip any K-3 processing locally, and tell the intending immigrant to come back later with the CR-1 casefile arrives.

I didn't say anything of the kind. I said the rule used to be that an immigrant visa was deemed "immediately available" when the I-130 was on station at the Consulate. I never heard of any Consulate sending K3 applicants away, telling them to wait until the I-130 arrived.

The State Dept. has changed their definition of "immediately available" to "I-130 at NVC" instead of prior "I-130 at the Consulate". This has always been their call under the Life Act.

[Darnell 8,478]

push - hmmm - ok - so you didn't say.

but it's happened at Guangzhou, these last 3 years... of that, I'm certain.

[GnE Walker 2]

I decided to marry my wife in Thailand because I have no family here in the USA and she has a huge family in Thailand. I wanted her family to be present at our wedding. I'm glad that we did get married with her family present because we can treasure those memories for the rest of our lives. That's why I choose the K-3 visa route over the K-1. I also thought the K-3 would be faster since it would be forwarded by the NVC to the embassy in Bangkok. I did not want the NVC to process our case. Then the NVC makes a rule that says if they receive the I-130 before or at the same time as the F-129 then they will cancel the F-129. Please unstand these facts.

The K-3 visa is made avaialbe by law. I doubt the REAL intent of the law is to just alllow people to fill-out and submitt a F-129 for a K-3 visa. The intent of the law is to actually allow people to have the ability to obtain a K-3 visa. The NVC has trampled on my rights provided by immigration law. It is VERY HIGHLY unlikely the F-129 will ever beat the I-130 to the NVC because the I-130 must be submitted first. The NVC is part of an agency that falls under the executive branch of government and I do not think it is right for these agencies to make rules or regulations that suspend, alter, or make obsolete a law. The legislative branch should be the only branch of government that makes or changes laws.

Think about this. The US Governemnt produces the F-129 form not only for the purpose of the K-1 but also for the K-3. The Us Governement posts instructions to the public on how to apply for a K-3 visa. The UCISS accepts and processes F-129 application for a K-3 Visa. Our I-130 and F-129 were both approved by the UCISS only for the NVC to cancel the F-129. What a waste of tax payer money and what a waste of resources and time. We now have two agencies working against each other. If the K-3 visa process needs to go away or be changed then it needs to be done in a different way and not the way the NVC is handling this. People should be told up front that they cannot apply for a K-3 visa and government workers should not be on the time clock wasteing tax payer money processing a form that will go no where. This is actually fraud, waste and abuse of taxpayer money. Do you know why they have not told people you cannot apply for a K-3 visa? That fact is it is a right for people to apply and I agrue that it is just for people to have a chance of obtaining a K-3 because that is the true intent of the law.

I contacted the NVC a few weeks ago and unloaded on a poor unknowlegable operator. I do feel bad about that. She put me through to a supervisor. I agrued my case and the supervisor was sympathetic but said the decision about the K-3 visa was made in Washington D.C. I demenad that our F-129 application be send to Bangkok imediately because that is why we applied for it in the 1st place. I wanted the NVC and the Bangkok Embassy to expedite our case. The supervisor instructed me what to do to request an expidite and I followedher instructions. The next day the NVC was true to it's word and sent my expidite request to the embassy in Bangkok to see if they will accept our case. That was two weeks ago. I was told that the Embassy in Bangkok can respond whenever they want to respond reagardless of a time frame. I called the NVC yesterday and I requested a status of my request and again was told the Embassy would respond whenever they want to respond, I then explained to the operator that word expedite means to move fast and so she got yet another supervisor to put in another expedite request. I know it will get denied but they should have given me a promt repsonse. I don't undstandhow an Embassy can have such pwoers. They are Government workers who are servants of the People. I wish that the Secretary of State would explain to her workers that they have their jobs to serve the People of the United States. They should not make rules that bypass or alter laws and they should not have inefficiant processes nor should they abuse power that they really don't have. I'm not a lawyer but the NVC is just plain wrong. My rant is over.

I would like to add my story to this. I too, am furious about why and how they can take away your K3 application and change it to IR1/CR1. This change had a lot of impact on my family because my wife had two daughters coming with her to the US.

So, when I applied for a K3 visa back in October, 2009, I only sent in one petition for my wife - as instructed. But, of coarse listing my stepdaughters on the I129F- as instructed. Then, once the petitions were approved and sent to the NVC (about two weeks after the Feb 1 Notice came out) they closed the I129F and changed my wife’s petition from K3 to IR1CR1. Well guess what, now I had to go back and send in I130s for my stepdaughters. I talked with a USCIS supervisor after we received the NOA1 on their I130s and she acted very much surprised that the NVC had made this action. She consequently expedited my stepdaughters I130s and they were approved and sent to NVC in a couple of weeks.

I agree, that the IR1/CR1 visa will be much better than the K3 visa. In fact, August 30 is our 2 year anniversary. So, my wife and stepdaughters should be able to come into the US without conditions. That’s great. But, we had it figured out (at least in our minds) that it would have taken about 6 months for them to come to US with a K3 visa. Hell, I see K1 visas making it in less than that. What gives with that? Anyway, we thought if the K3 would have gone through, my family would have been here in June. Now, it’s been 10 months and we still don’t have an interview appointment. I am pissed!

It seems funny to hear all the different excuses these NVC or USCIS supervisors are making. As I told you, USCIS was surprised NVC was making the policy change on I129F. Someone mentioned it was Washington, I assume congress. Last week I called the NVC and ranted to a Supervisor and he blamed it on USCIS - they had changed the law. I swear to God. Has anyone seen any laws change? Has anyone seen any bulletins or notices warning potential K3 filers? Has anyone received an accurate reason for this change? How can one get guaranteed that the K3 petition will be accepted by NVC? That is another reason why this makes me so furious is that they hide behind these customer support operators who they give scripted excuses and minimal case information. Has anyone received any information from an operator that you could just as well get from a website? What good are those operators? I’m pretty sure they are just contracted. Just cost taxpayers money.

My wife’s petition has been in the NVC since March 1. My stepdaughters since April 7. We had one RFE which was responded to and they received it within 1 week. It took the NVC 8 more days to log the RFE in. Case was completed June 29 and we still don’t have an interview date. I’ve contacted my congress representative and asked them to do something about it. That’s where I am now.

I fully understand your frustration. Maybe I don’t appreciate any of the improvements that have been made in the past years. But, for myself, my alien family, my family in the US, my friends - we don’t understand why it should take this long! I feel that I’ve been wronged by whoever changed the K3 policy. I feel that I’m owed an apology.

OK, I feel better now. Thanks for the group therapy session.

[BBKwife 0]

I would like to add my story to this. I too, am furious about why and how they can take away your K3 application and change it to IR1/CR1. This change had a lot of impact on my family because my wife had two daughters coming with her to the US.

So, when I applied for a K3 visa back in October, 2009, I only sent in one petition for my wife - as instructed. But, of coarse listing my stepdaughters on the I129F- as instructed. Then, once the petitions were approved and sent to the NVC (about two weeks after the Feb 1 Notice came out) they closed the I129F and changed my wife’s petition from K3 to IR1CR1. Well guess what, now I had to go back and send in I130s for my stepdaughters. I talked with a USCIS supervisor after we received the NOA1 on their I130s and she acted very much surprised that the NVC had made this action. She consequently expedited my stepdaughters I130s and they were approved and sent to NVC in a couple of weeks.

I agree, that the IR1/CR1 visa will be much better than the K3 visa. In fact, August 30 is our 2 year anniversary. So, my wife and stepdaughters should be able to come into the US without conditions. That’s great. But, we had it figured out (at least in our minds) that it would have taken about 6 months for them to come to US with a K3 visa. Hell, I see K1 visas making it in less than that. What gives with that? Anyway, we thought if the K3 would have gone through, my family would have been here in June. Now, it’s been 10 months and we still don’t have an interview appointment. I am pissed!

It seems funny to hear all the different excuses these NVC or USCIS supervisors are making. As I told you, USCIS was surprised NVC was making the policy change on I129F. Someone mentioned it was Washington, I assume congress. Last week I called the NVC and ranted to a Supervisor and he blamed it on USCIS - they had changed the law. I swear to God. Has anyone seen any laws change? Has anyone seen any bulletins or notices warning potential K3 filers? Has anyone received an accurate reason for this change? How can one get guaranteed that the K3 petition will be accepted by NVC? That is another reason why this makes me so furious is that they hide behind these customer support operators who they give scripted excuses and minimal case information. Has anyone received any information from an operator that you could just as well get from a website? What good are those operators? I’m pretty sure they are just contracted. Just cost taxpayers money.

My wife’s petition has been in the NVC since March 1. My stepdaughters since April 7. We had one RFE which was responded to and they received it within 1 week. It took the NVC 8 more days to log the RFE in. Case was completed June 29 and we still don’t have an interview date. I’ve contacted my congress representative and asked them to do something about it. That’s where I am now.

I fully understand your frustration. Maybe I don’t appreciate any of the improvements that have been made in the past years. But, for myself, my alien family, my family in the US, my friends - we don’t understand why it should take this long! I feel that I’ve been wronged by whoever changed the K3 policy. I feel that I’m owed an apology.

OK, I feel better now. Thanks for the group therapy session.

I'm far from being an expert at this but have you written your congressmen? It may or may not help. I hate to be one who is quick to do such a thing or appear to ask for special consideration over other citizens, but this K-3 process change is a problem. It's obvious to me now that it is useless to even try for a K-3 and a CR1 is better, but the fact is the K-3 is techically available and when the NVC states they will cancel the I129 then it not always apparent to an applicant that the I-129 will definately get canceled. It has no chance because the I-130 will beat it or get there at the same time. It really is unfair that the K-1 visa is so simple but they've taken away that right for married couples. I think our elected representatives should always investigate such waste in Government like this. Good luck to you.