OK...What is the Real Deal with the K-3, I'm Confused!

[Davis2015 6]

Would anyone PLEASE help me understand the real deal with the K-3 process, or lack there-of. Post a link to a forum I missed, supplemental website, anything, because I have combed this website's links, forums, timelines, etc for a better understanding and I feel like I am being turned in circles!

I keep reading that the K-3 is obsolete and no longer being processed? if this is true, why are they even accepting/approving petitions for them to begin with? How is everyone coming to this conclusion?

My situation: I filed both the I-130 and I-129f (K3) for my husband in March and April respectively. Both were approved on the same day, May 19th after I requested the I-130 to be expedited due to a short notice deployment tasker. (I only requested the I-130 be expedited, and they both were approved the same day, maybe they were just processed together?) Anyway, USCIS sent both cases to NVC on the same day, May 27. Now, As of this moment, the NVC still does not have my I-130 case, but according to a supervisor I was transferred to, they received the I-129f case on 27 March, she gave me the case#, the IID#, and said the NVC was reviewing it to be sent to the consulate. She told me I would get instructions from the consulate on what to do next.

BUT...according to what everyone is saying here, the K3 case will be closed and the I-130f will be processed as normal (which I know and expect will happen anyway, but I filed the K3 for a reason). So because I have a case#, does this mean they will process it, or does that mean nothing?

And if they DO process it, what is the average processing time for the K3 visa to be issued? Because I can't seem to find that ANYWHERE either. Any help would be great. It's bad enough to be stuck out in the middle of the ocean far away from any and everyone I know and love for years at a time. The least the government can do is let me be with my husband.

Thanks for reading.

<3 Tee

[ebonie2002 1]

Call the NVC, they will be able to explain everything to you, 6033340700

[Davis2015 6]

Call the NVC, they will be able to explain everything to you, 6033340700

Thanks Hun, I have been calling them everyday since USCIS approved my cases. I spoke to that supervisor yesterday and she only told me that NVC was reviewing it before sending it to the embassy/consulate, and that I would get information from them once they receive it from the NVC. Do you have different information? Should I call back?

[Penguin_ie 5,995]

Yes, K3s are usually closed at NVC stage. the reason for that is that for almost everyone, the CR-1 is the superior visa, since it is cheaper, and you can work and travel as soon as you arrive in the USA, unlike the K3, which requires AOS (more paperwork, more fees, can't work).

The K3 was useful years ago, when it took the CR-1 several years to get approved, whereas the K3 only took around a year; that meant that at least, couples could be together during some of the process, even if the foreign beneficiary could not work. But a few years ago, processing times for the CR-1 shortened, and is now the same as for the K3 (though it is hard to give processing times for the K3, because so few are issued nowadays, we see 4-5 a year here).

[Davis2015 6]

Yes, K3s are usually closed at NVC stage. the reason for that is that for almost everyone, the CR-1 is the superior visa, since it is cheaper, and you can work and travel as soon as you arrive in the USA, unlike the K3, which requires AOS (more paperwork, more fees, can't work).

The K3 was useful years ago, when it took the CR-1 several years to get approved, whereas the K3 only took around a year; that meant that at least, couples could be together during some of the process, even if the foreign beneficiary could not work. But a few years ago, processing times for the CR-1 shortened, and is now the same as for the K3 (though it is hard to give processing times for the K3, because so few are issued nowadays, we see 4-5 a year here).

I see. Well I definitely appreciate your response because that reasoning makes sense. I wish they would be upfront about it when you call for information instead of string you along like they do with their scripted answers. Especially when they know that's the case. Giving people this false hope, it's cruel I tell you! Anyway, thank you!

[Penguin_ie 5,995]

yah, we don't call them the "missinformation line" for nothing....

[Davis2015 6]

**Correction** Can't figure out how to edit my initial post, but I called just now, and NVC received both cases 3 June (but when I called yesterday they didn't have it, SMH), but the K3 case has the numbers.

Original post had 27 March as NVC receipt date and only God knows where that came from...

[Shauneg 762]

**Correction** Can't figure out how to edit my initial post, but I called just now, and NVC received both cases 3 June (but when I called yesterday they didn't have it, SMH), but the K3 case has the numbers.

Original post had 27 March as NVC receipt date and only God knows where that came from...

That happened to me too, one day I called and they said they had just received my case and is awaiting case number. The next two days they told me they hadn't got it yet.....then the third day.....case number assigned.

[Davis2015 6]

That happened to me too, one day I called and they said they had just received my case and is awaiting case number. The next two days they told me they hadn't got it yet.....then the third day.....case number assigned.

They are the worst! And it's bad enough I have to call 100 times to even get through, then wait another 30-45 mins to talk to someone, only to A). Get a complete A-hole who gives you as little info as possible or B). A really nice person who gives you all the wrong info. What. The. Heck!

[cocolucho 35]

Would anyone PLEASE help me understand the real deal with the K-3 process, or lack there-of. Post a link to a forum I missed, supplemental website, anything, because I have combed this website's links, forums, timelines, etc for a better understanding and I feel like I am being turned in circles!

I keep reading that the K-3 is obsolete and no longer being processed? if this is true, why are they even accepting/approving petitions for them to begin with? How is everyone coming to this conclusion?

My situation: I filed both the I-130 and I-129f (K3) for my husband in March and April respectively. Both were approved on the same day, May 19th after I requested the I-130 to be expedited due to a short notice deployment tasker. (I only requested the I-130 be expedited, and they both were approved the same day, maybe they were just processed together?) Anyway, USCIS sent both cases to NVC on the same day, May 27. Now, As of this moment, the NVC still does not have my I-130 case, but according to a supervisor I was transferred to, they received the I-129f case on 27 March, she gave me the case#, the IID#, and said the NVC was reviewing it to be sent to the consulate. She told me I would get instructions from the consulate on what to do next.

BUT...according to what everyone is saying here, the K3 case will be closed and the I-130f will be processed as normal (which I know and expect will happen anyway, but I filed the K3 for a reason). So because I have a case#, does this mean they will process it, or does that mean nothing?

And if they DO process it, what is the average processing time for the K3 visa to be issued? Because I can't seem to find that ANYWHERE either. Any help would be great. It's bad enough to be stuck out in the middle of the ocean far away from any and everyone I know and love for years at a time. The least the government can do is let me be with my husband.

Thanks for reading.

<3 Tee[/quote

My wife came on K3 and daughter on K4 September 2014 so I can talk by experience. Yes, most commonly the i-129f would get administrative closed, if both the I-130 and I-129f are received at the same time by NVC. My I-129f was received and processed first and case assigned and was sent to the embassy within a week after got case number. If you have a case number for it, you may be in luck. I will say call again to confirm and track down the case number as it may reach the embassy before the I130 gets a case assigned as it usually takes a month at NVC. You can see my timeline as my wife entered the US on a K3 last September 2014. I was not the only person. There were three other I followed who got K3s approved. As many will say is not common, but it happens. If you want to proceed with the K3 and want to get your spouse sooner you can, but know that if you do your spouse has to do AOS in the States and spend another $1070 to get the green card and get interviewed again.

In any case, verify again with NVC and also you can track the process of your case on the ceac website.

https://ceac.state.gov/ceacstattracker/status.aspx

If you case shows as in transit it means it has not reached the embassy, if it says ready it has reach it.

Good luck!

Jorge

[Ryan H 3,818]

***Moved from Progress Reports to Process & Procedures.***

**Moderator hat off**

I keep reading that the K-3 is obsolete and no longer being processed? if this is true, why are they even accepting/approving petitions for them to begin with? How is everyone coming to this conclusion?

The K3 visa was created by the LIFE Act in 2000. The reason it is still on the books is the provision in that particular law has never been repealed. It will remain on the books unless repealed by an act of Congress.

Procedural changes at USCIS implemented in 2006 resulted in the tying of the two petitions together. Procedural changes at the State Department implemented in 2010 brought about administrative closure of the K3 whenever an approved I-130 is on-station at the Department of State. It is these procedural changes that have rendered the K3 virtually unobtainable making the actual issuance of one in this day and age a rare occurrence.

[Davis2015 6]

Got it. Thanks guys. I called back this morning and acted completely oblivious to the whole process (not totally an act, btw) and I actually got the rep to tell me it will be in AP until the I-130 gets a #, then it will join the I-130 and close out, reiterating what you all said =( Very disheartening especially considering this won't get approved before my deployment, so hopefully I can request an expedite, only the rep said I can't do THAT until the I-130 gets a number! UGH!

[cocolucho 35]

Got it. Thanks guys. I called back this morning and acted completely oblivious to the whole process (not totally an act, btw) and I actually got the rep to tell me it will be in AP until the I-130 gets a #, then it will join the I-130 and close out, reiterating what you all said =( Very disheartening especially considering this won't get approved before my deployment, so hopefully I can request an expedite, only the rep said I can't do THAT until the I-130 gets a number! UGH!

Sorry to hear that, but at least you got some sort of good answer from someone.