K3 Visa Viability in 2019

[David & Olga 124]

Due to recent backlogs in the Processing Centers with the I-130 applications, would K3 Visa applications be more viable now that the gap between the processing of these two applications has widened? Or may this be a misconception as all visa applications are continually becoming backlogged at the same time - not just the I-130? What are your thoughts.  

[Just Paul 4,595]

For now it seems that K3 is still not very relevant.   You can apply but less than 10 got approved last fiscal year.   So far I've seen 3 this fiscal year in October, January, April in DOS stats.  2 in CDJ and 1 in Tegucigalpa.

[David & Olga 124]

2 minutes ago, Paul & Mary said:

For now it seems that K3 is still not very relevant.   You can apply but less than 10 got approved last fiscal year.   So far I've seen 3 this fiscal year in October, January, April in DOS stats.  2 in CDJ and 1 in Tegucigalpa.

I do think that the K-3 visa serves it purpose now more than ever. The Nebraska Service Center has a 11-14.5 month processing time for I-130s (and looks like it'll continue to slow down due a seeming increase in scrutiny) so i would hope that people start considering the K3 again. In last couple of years, the truism was "K3's are obsolete due to similar processing times to I-130" and thusly making no sense. Hopefully USCIS reconsiders the purpose of this Visa and approves more in 2019. I am going to be submitting a I-129F application in anticipation of lengthier I-130 review times - i just hope that it isn't a tide rising all ships with delays because then this would be futile. 

[geowrian 22,337]

The K-3 was viable when the Cr-1/IR-1 wait was multiple years. Right now there is a few months difference at most, not years. So I wouldn’t expect an increase at this time. In fact, it decreased to its lowest levels ever during the peak backlogs this past fiscal year.

Edited July 10, 2019 by geowrian

[Just Paul 4,595]

9 minutes ago, davidjervis38 said:

I am going to be submitting a I-129F application in anticipation of lengthier I-130 review times

It really doesn't cost more other than the cost to prepare the petition.   Hopefully it doesn't go to Potomac.

 

11 minutes ago, davidjervis38 said:

i just hope that it isn't a tide rising all ships with delays because then this would be futile. 

If it was viable everyone would do it and then processing times would increase.

[Crazy Cat 41,822]

17 minutes ago, davidjervis38 said:

I do think that the K-3 visa serves it purpose now more than ever. The Nebraska Service Center has a 11-14.5 month processing time for I-130s (and looks like it'll continue to slow down due a seeming increase in scrutiny) so i would hope that people start considering the K3 again. In last couple of years, the truism was "K3's are obsolete due to similar processing times to I-130" and thusly making no sense. Hopefully USCIS reconsiders the purpose of this Visa and approves more in 2019. I am going to be submitting a I-129F application in anticipation of lengthier I-130 review times - i just hope that it isn't a tide rising all ships with delays because then this would be futile. 

There are big differences between a K-3 and a CR-1 which are worthy of consideration.......the requirement to adjust status after entry via a K-3 (if "lucky" enough to receive approval) is very significant.

Edited July 10, 2019 by missileman

[NikLR 13,227]

You can always try.  However, keep in mind 2 things.  It is USCIS policy to marry the I-129F and the I-130 and adjudicate them together.  It's the NVC policy to close any I-129F that they receive at the same time or after the I-130. 

 

If you wan to try and get around those two things PLUS play the $1225 AOS after arrival you are certainly within your realm to do so. 

 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[TE and AE 39]

Ok so I researched the I129f and found a couple of things misleading.  There is an assumption that there are more being denied.  But from what I’ve been observing is that yes the I129 is being denied but that they (NSC) are pushing through the I-130 faster.  The processing time right now is stated to take 11-14.5 months but some that are filing the I129 are having their I130’s processed through Nebraska from 1-3 months.  We don’t know exactly how many chose to file the I129 that were approved for the I-130 instead.  

 

The second thing, there’s an assumption that if the I129 was a viable option,  then everyone would be doing it and bogging down the system.  I think the attorneys and various agencies have done a good job of spreading the word that it’s an outdated process and not worth the time to do.

 

i could be completely wrong but we will see as I filed the I129f this week.  If by some remote chance the K3 is approved, then I’m ok with paying the extra fee for adjustment.  11-14.5 is just insane.

[TE and AE 39]

On 7/10/2019 at 9:34 AM, Paul & Mary said:

It really doesn't cost more other than the cost to prepare the petition.   Hopefully it doesn't go to Potomac.

 

If it was viable everyone would do it and then processing times would increase.

Why not Potomac?

[Just Paul 4,595]

41 minutes ago, CSTSLP said:

Why not Potomac?

Based on the k3/k4 processing times:

https://egov.uscis.gov/processing-times/

 

[TE and AE 39]

1 hour ago, Paul & Mary said:

Based on the k3/k4 processing times:

https://egov.uscis.gov/processing-times/

 

Well the worst case scenario is that we have to wait the full length at Nebraska.  We will see where the I129 goes.

[NikLR 13,227]

6 hours ago, CSTSLP said:

Ok so I researched the I129f and found a couple of things misleading.  There is an assumption that there are more being denied.  But from what I’ve been observing is that yes the I129 is being denied but that they (NSC) are pushing through the I-130 faster.  The processing time right now is stated to take 11-14.5 months but some that are filing the I129 are having their I130’s processed through Nebraska from 1-3 months.  We don’t know exactly how many chose to file the I129 that were approved for the I-130 instead.  

 

The second thing, there’s an assumption that if the I129 was a viable option,  then everyone would be doing it and bogging down the system.  I think the attorneys and various agencies have done a good job of spreading the word that it’s an outdated process and not worth the time to do.

 

i could be completely wrong but we will see as I filed the I129f this week.  If by some remote chance the K3 is approved, then I’m ok with paying the extra fee for adjustment.  11-14.5 is just insane.

Where exactly are you getting this information?

[JulienR 92]

Some stats on Nebraska SC. I found 26 I-130 petitions that were approved significantly faster than the current average (11 months at best):

- 12 were expedite, military, transfer or other reason

- 9 sent form I-129F for K3 with or after the I-130 (all approved in less than 6 months)

- 4 I don't know

- 1 said none of the above

People who sent the I-129F petition had their application denied and the I-130 approved at the same time, 1 to 3 months after the PD of the I-129F.

I don't know if there has been similar cases in other SCs, certainly wouldn't make a difference for Potomac though.

[TE and AE 39]

3 hours ago, JulienR said:

Some stats on Nebraska SC. I found 26 I-130 petitions that were approved significantly faster than the current average (11 months at best):

- 12 were expedite, military, transfer or other reason

- 9 sent form I-129F for K3 with or after the I-130 (all approved in less than 6 months)

- 4 I don't know

- 1 said none of the above

People who sent the I-129F petition had their application denied and the I-130 approved at the same time, 1 to 3 months after the PD of the I-129F.

I don't know if there has been similar cases in other SCs, certainly wouldn't make a difference for Potomac though.

This is absolutely correct. The 11-14.5 months for typical processing comes directly off of the USCIS site for processing times. 

 

What we don’t know is with this small sampling is it typical or atypical for Nebraska. Also as you said we don’t know about the other SC either. I wonder if your I130 is accepted in say Nebraska if they will automatically process the I129 there too.