Curious about the K-3 visa

[slowlyman 118]

I'm just curious. The K-3 seems to be getting discussed quite a bit lately. On the USCIS website the K-3 is listed as an option available to people. Yet, when anyone comes here on VJ and ask about it the most popular response is "the K-3 is obsolete, you will not get it"

So what is the story? Is it or is it not obsolete? What are the pros and cons CR-1 vrs K-3?

[Ryan H 3,815]

***Moved from General Immigration-Related Discussion to K3 Process & Procedures***

**Moderator hat off**

The USCIS website lists the K3 as an available option because the provision in the LIFE Act of 2000 that created it has never been repealed.

The K3 was created at a time when it took years for an I-130 to be approved. Since the K3 came into existence, procedures at USCIS and the State Department changed. Firstly, the time to adjudicate I-130 went down from years to months. Secondly, USCIS instituted a policy in 2006 to tie the two petitions together which means a decision is made on both usually at the same time. In 2010, the State Department instituted a policy of administratively closing a K3 if they have an approved I-130 on-station. Since this State Department policy change went into effect, it has rendered the K3 virtually unobtainable making issuance of one rare. One VJ member had a K3 case make it all the way to the Consulate stage and when the Consulate learned an approved I-130 was on-station at the NVC, the Consulate administratively close the K3 and told the person to complete the steps for the CR-1.

So, as I have explained it above is why you see people on VJ stating the K3 is obsolete.

[slowlyman 118]

So, basically there are two conflicting Laws / acts in place. One creating the K-3 and one ordering a K-3 petition closed if a 130 is pending. Seems about right for our government.

[dwheels76 5,468]

***Moved from General Immigration-Related Discussion to K3 Process & Procedures***

**Moderator hat off**

The USCIS website lists the K3 as an available option because the provision in the LIFE Act of 2000 that created it has never been repealed.

The K3 was created at a time when it took years for an I-130 to be approved. Since the K3 came into existence, procedures at USCIS and the State Department changed. Firstly, the time to adjudicate I-130 went down from years to months. Secondly, USCIS instituted a policy in 2006 to tie the two petitions together which means a decision is made on both usually at the same time. In 2010, the State Department instituted a policy of administratively closing a K3 if they have an approved I-130 on-station. Since this State Department policy change went into effect, it has rendered the K3 virtually unobtainable making issuance of one rare. One VJ member had a K3 case make it all the way to the Consulate stage and when the Consulate learned an approved I-130 was on-station at the NVC, the Consulate administratively close the K3 and told the person to complete the steps for the CR-1.

So, as I have explained it above is why you see people on VJ stating the K3 is obsolete.

This so needs to be as a note on the K3 guide so people know up front. Ryan H. Excellent as always with your knowledge and explaining to us so we understand.

[Ning 619]

So, basically there are two conflicting Laws / acts in place. One creating the K-3 and one ordering a K-3 petition closed if a 130 is pending. Seems about right for our government.

I came on a K 3 in 08. We didn't know too much about all of this and were surprised at the interview when they offered to convert to a C R 1. Its a long story why we didn't but we did learn that they would try to do that for people. This must be because of what Ryan explains.

[Ryan H 3,815]

So, basically there are two conflicting Laws / acts in place. One creating the K-3 and one ordering a K-3 petition closed if a 130 is pending. Seems about right for our government.

There are no conflicting laws or acts in place. No Congressional Bill was passed that mandates closure of a K3 if an I-130 has been approved. As I stated in my post, USCIS and State Department made procedural changes (which don't require laws to be passed) that rendered the K3 obsolete.

[Ryan H 3,815]

One post containing personal information has been hidden pending an edit.

[Ban Hammer 13,427]

below post removed and returned to view minus the personal information

From: xxxxxxxxxxxxxx
Sent: Thursday, January 09, 2014 7:53 AM
To: Canada, USCIS
Subject: USC Filed i-130 for Wife

January 9, 2014.

To Whom It May Concern,

I am a USC who has been living in Canada as a permanent resident and recently filed i-130 for my wife. The cost of living is too high for me to support my wife and my dual citizen 8 year old son that I no longer can live in Canada. My son wants to travel with me and I am looking to return to California at the end of January with our son while awaiting i-130 approval for my wife.

That being said, my wife and I are not separating, we have been married for over 11 years. My wife is becoming stressed over the fact her I-130 approval could take awhile and thus, is upsetting her over the fact she will miss out on our son before she can even apply for the US Visa after i-130 approval.

I have 2 questions

1. Is the K3 still an option or is it true that it takes just as long and
2. Are there any options we have overlooked besides the k3?

I know it is the discretion of the Border Control to allow her in for visits, but at the end of the month, she will move in with a friend until the process is complete.

I am not looking at a "special push", just wondering what options becasue I miss my home state and my son is eager to come but worried about the separation time between his mother and our son.



Thank you for your time,

Sincerely, XXXXXXXXXXX



NOA1 rec.#

___________________________________________________________________________________

Dear Mr./Ms.,



Thank you for your e-mail.



If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” page at our website www.uscis.gov. For information on USCIS Processing Times, please go to the following link: https://egov.uscis.gov/cris/processTimesDisplay.do



Sincerely,

USCIS

_______________________________________________________________________________________________________________

I believe Ryan is correct and we sent this email to see what options we have. i think technically there are no options and USCIS issuing this email is just to appease us. I may try, I don't know. But the thought of losing my family for months is making me sick to my stomach but I understand my husband wants to go home. Wish the process was easier.

[angeldaemon13 42]

Thank you, i forgot the edit lol. :-)

[NikLR 13,228]

Just gonna say I find the cost of living in Colorado comparable to Alberta, some homes are less expensive but majority are not, and I know California is more expensive yet. I supported myself and my daughter on a $13/hr job in Alberta but I'd be hard pressed to do that here. Without my husband having a job with the govt there is no way we'd afford health insurance on top of other bills.

Edited January 13, 2014 by NLR

[angeldaemon13 42]

i just wanted to post the response in regards to K3, not to advertise my decision.

[NikLR 13,228]

I do hope everything can be approved for you super fast however and that you get it all worked out.

Also you can ask to have a mod take out your original letter and simply post the response if you aren't wanting anyone to comment on anything else. When you publicize something you leave it open for comment. But in no way was I condemning anyone's decision, what you do is what you want to do, I was simply making my own observation that was related.

Edited January 13, 2014 by NLR

[thedude6752000 360]

I am seeing more and more people getting K-3's approved over in the other forum. Could it be that they're going to start approving those now to help their numbers?

[bolaji246 2]

Hello room I am also a k3 filler and my i130 and i129f was send to Nebraska and on the uscis website it say my alien number has being change and my question is that if the I 129f is approved before I 130 will I still be able to get CR1 or I will have to wait till both get approved and when I check Nebraska I see they don't handle i129f will the i129f be transfer ?