K3 Spouse of Green Card holder 2011

[franki 0]

Hi All,

My sister is applying for her husband’s visa in a month from now. They got married over 13 months ago and they are ready to start the process of their visa.(my sister is a Green Card holder, Not a US citizen). I heard the process of K3 visa for GC holders are slower than the US citizen but according to this information from the USCIS website it is not(( http://www.uscis.gov/portal/site/uscis )) (Please select Check Processing Times

on the left and then select California center)…

Can someone Please let me know whether this information is accurate or not? Is this a temporary time frame or has some one recently apply for his or her spouse visa and got a response from the USCIS within 5 months as indicates on their website

Your assistance will be appreciated...

[George & Gina 29]

Hi All,

My sister is applying for her husband's visa in a month from now. They got married over 13 months ago and they are ready to start the process of their visa.(my sister is a Green Card holder, Not a US citizen). I heard the process of K3 visa for GC holders are slower than the US citizen but according to this information from the USCIS website it is not(( http://www.uscis.gov/portal/site/uscis )) (Please select Check Processing Times

on the left and then select California center)…

Can someone Please let me know whether this information is accurate or not? Is this a temporary time frame or has some one recently apply for his or her spouse visa and got a response from the USCIS within 5 months as indicates on their website

Your assistance will be appreciated...

The processing times at USCIS is the same. The problem arises once the petition is approved. Visa's for the immediate relatives of US citizens are available immediately. Visa's for Immediate relative of LPRs are not available and they will have to go on the waiting list. The last time I read, it was about 3 - 5 years. Hopefully someone will come along with a link to the site that can verify this, I normally would find it myself, but have to get back to work now.

Good luck.

George

[carylle 0]

i agree with george, no problem in processing in uscis and nvc but the issuance of visa even if you are case complete, is based on priority date and under visa category of LPR (F2A visa) it retrogressed, for now they are currently processing cases with priority date is JAN2008 or earlier than that. *priority date is the date when you filed your I-130. Goodluck on your cousin's visa journey! hopefully in few months it will move forward, lots were really affected with the retrogression..

Edited January 24, 2011 by carylle

[canadian_wife 1,822]

K-3 is no longer an option. Follow the guides for a Cr-1 visa

Good luck

[franki 0]

The processing times at USCIS is the same. The problem arises once the petition is approved. Visa's for the immediate relatives of US citizens are available immediately. Visa's for Immediate relative of LPRs are not available and they will have to go on the waiting list. The last time I read, it was about 3 - 5 years. Hopefully someone will come along with a link to the site that can verify this, I normally would find it myself, but have to get back to work now.

Good luck.

George

Thanks George!!!

I am so sorry if I am a pain.... so what is the 5 months exactly mean on USCIS website, let me paste the exact page, This is on their own website .I do NOT understand what exactly takes 5 months then? Please put alittle more light in this.

Thanks all!!!!!!!

USCIS Processing Time Information for our

California Service Center

Posted: January 14, 2011

Instructions on Using the Table

Below is a chart that shows the Form Number, Form Name and Processing Times for all of the forms that are processed at that office. (Note that not all offices process all types of applications and petitions.)

Find the particular form number (in the left column) or form name (in the center column) in which you are interested. In the right column you will find either a timeframe in months or an exact date.

If the office is processing a particular type of application in less time than our processing goal, you will see the processing times expressed in months (for example, if the office is processing naturalization applications in less than our 5 month goal, the processing time will state “Five Months”). However, if that office is taking longer than our processing goal to handle the form type in question, you will see the filing date (e.g., “April 10, 2003”) of the last case we processed on the date the website chart was last updated. The charts are updated on or about the 15th day of each month.

IMPORTANT: If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office at 1-800-375-5283 for assistance.

Please note that the processing times listed below for Form Number I-765 category ©(8), based on a pending asylum application, only applies to an initial filing. The processing time for a renewal I-765 category ©(8) is 3 Months.

We offer a variety of services after you file. For example, for most kinds of cases you can check the status of your case online.

Field Office Processing Dates for California Service Center as of: November 30, 2010 Form Title Classification or Basis for Filing: Processing Timeframe:

I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months

I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months

I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors 2 Months

I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad 2 Months

I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. 2 Months

I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. 2 Months

I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers 1 Months

I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers 1 Months

I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees 2 Months

I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers 1 Months

I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability 2 Weeks

I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers 2 Weeks

I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months

I-129 Petition for A Nonimmigrant Worker R - Religious occupation August 28, 2010

I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional 2 Months

I-129F Petition for Alien Fiance(e) K-1/K-2 - Not yet married - fiance and/or dependent child 5 Months

I-129F Petition for Alien Fiance(e) K-3/K-4 - Already married - spouse and/or dependent child 5 Months

I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months

I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months

I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 February 8, 2007

I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 May 7, 2010

I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 1, 2010

I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister September 1, 2006

I-131 Application for Travel Document All other applicants for advance parole 3 Months

I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months

I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months

I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 16, 2010

I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 5 Months

I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months

I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months

I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months

I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months

I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months

I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months

I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months

I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months

I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months

I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months

I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months

I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [©(3)] 3 Months

I-765 Application for Employment Authorization Based on a pending asylum application [©(8)] 3 Weeks

I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [©(9)] 3 Months

I-765 Application for Employment Authorization Based on TPS for El Salvador [©(19)(a)(12)] 3 Months

I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [©(19), (a)(12)] 3 Months

I-765 Application for Employment Authorization All other applications for employment authorization 3 Months

I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months

I-821 Application for Temporary Protected Status El Salvador extension July 16, 2010

I-821 Application for Temporary Protected Status El Salvador initial or late filing July 16, 2010

I-821 Application for Temporary Protected Status Honduras and Nicaragua extension July 16, 2010

I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing July 16, 2010

I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months

I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months

I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997

[belinda63 3,038]

The 5 months is for the application to be received, sit somewhere waiting for it's turn in line, then to be reviewed by an officer. If everything is ok with the application it is then shipped to storage where it will remain until a visa number becomes available at which time it will be pulled and the process resumed.

[pushbrk 12,898]

The 5 months is for the application to be received, sit somewhere waiting for it's turn in line, then to be reviewed by an officer. If everything is ok with the application it is then shipped to storage where it will remain until a visa number becomes available at which time it will be pulled and the process resumed.

Pretty please stop referring to petitions as applications. The five months is for petition approval. Visa applications are submitted AFTER petition approval. That's when the priority date for the relative becomes applicable. It's immediate visa availability for immediate relative of a citizen, meaning they can "apply" right away and within a few months have a visa. For the immediate relative of a permanent resident, the wait to apply for a visa varies from months to several years.

[franki 0]

The 5 months is for the application to be received, sit somewhere waiting for it's turn in line, then to be reviewed by an officer. If everything is ok with the application it is then shipped to storage where it will remain until a visa number becomes available at which time it will be pulled and the process resumed.

Thank you for the reply. again I am not sure whether I understood you all but here is a chart of dates on this specific subject, my sister has been recoding this since 2007 but I am goin to just post from Year 2008. Please note this information has been collected from the same website.

Year 2008

Jan ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Feb 2005‘’

Feb ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Feb 2005‘’

Mar ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Feb 2005‘’

Apr ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Feb 2005‘’

May ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2005‘’

JUN ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2005‘’

Jul ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2005‘’

Aug ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2005‘’

Sep ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2005‘’

Oct ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2005‘’

Nov ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2005‘’

Dec ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Jun 2005‘’

Year 2009

Jan ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Jun 2005‘’

Feb ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2005‘’

Mar ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2005‘’

Apr ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2005‘’

May ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2005‘’

JUN ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Jan 2006‘’

Jul ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2006‘’

Aug ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Mar 2006‘’

Sep ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Sep 2006‘’

Oct ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2006‘’

Nov ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2006‘’

Dec ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2006‘’

Year 2010

Jan ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Oct 2007‘’

Feb ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2007‘’

Mar ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2007‘’

Apr ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Aug 2008‘’

May ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Dec 2008‘’

JUN ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Jan 2009‘’

Jul ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 Apr 2009‘’

Aug ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months‘’

Sep ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months‘’

Oct ‘’I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months‘’

Nov ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months‘’

Dec ‘’ I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months'‘

Some of you all indicated That it takes 5 months for them to receive the application and process…. saying that means it used to take 3 Years in 2008 for the application to be delivered/received/processed. My sister called a lawyer in regards to this matter she will go and see this lawyer on Friday. I will post you all what will be the outcome. I read on one of these blogs that since these dates are ‘’NOT’’ apart of the ‘’RULES’’ means they are temporary policies that immigration services put in place it can be changed at ‘’anytime’’. Also I read that since the economy is not doing so well and there are lots of numbers of applicants who are GC holders (7out of 10) they want make this easier for these people to come in and start helping the economy. Which make sense .

[Darnell 8,478]

sorry - Green Card Holders never can apply for a K-3 visa - they do, however, file an I-130 petition. The average time to approve the petition is 5 months, regardless of 'type' - as long as it's an I-130 petition.

I think where yer confusion lies -

is that yer reviewing the Visa Bulletin, and the priority dates based on casefile type.

Once the petition is approved, it goes to storage, and IS HELD THERE

until the priority date becomes current. Priority dates are assigned by casefile type and by 'relationship type' and by country of interview. Emphasis on 'and' here, alas.

*** Not a K-3 visa topic, moving to 'Bringing Family Members of Permanent Residents to America ' forum ***

Edited January 25, 2011 by Darnell

[pushbrk 12,898]

sorry - Green Card Holders never can apply for a K-3 visa - they do, however, file an I-130 petition. The average time to approve the petition is 5 months, regardless of 'type' - as long as it's an I-130 petition.

I think where yer confusion lies -

is that yer reviewing the Visa Bulletin, and the priority dates based on casefile type.

Once the petition is approved, it goes to storage, and IS HELD THERE

until the priority date becomes current. Priority dates are assigned by casefile type and by 'relationship type' and by country of interview. Emphasis on 'and' here, alas.

*** Not a K-3 visa topic, moving to 'Bringing Family Members of Permanent Residents to America ' forum ***

Neither a permanent resident or citizen of the USA would EVER apply for ANY visa. The I-130 is a petition, not a visa application. Pretty please, stop mixing those terms.

[NigeriaorBust 4,087]

Only a USC can use the I129f form. A LPR can't file it. They are restricted to the I130