K3 Visa Viability in 2019

[TE and AE 39]

12 hours ago, geowrian said:

Yup, proof 👍

Okay so are your fingers broken?  Can you not go out to the Nebraska list and look as others have done?  We have even made a list to show the recent numbers.  What kind of “proof” do you want?  I mean let’s be honest, it started with a trickle and has gradually grown to a steady stream as others have tried it.  To have a major number, it will take a while because people are too scared to try because 1.) their attorney told them it was obsolete 2.) they think they will have to wait longer 3.) or that will cost them more money. 

 

The K3 was developed by Congress when there was an unfair advantage for K1 to come to the US faster.  There is still an unfair advantage for the individuals that are in Nebraska SC.  We are not shifting the line, the K3 was specifically developed for this situation.

 

I’m sorry but this is a bunch of nonsense.  The immigration system is broken.  It’s ridiculous for married couples, especially newly weds to have to be apart for two years or more.  This is a time you are supposed to be getting to know each other, not stressing over Government red tape.

[portorusa 431]

3 hours ago, JeanneAdil said:

i have no data

that is what i am reading from the above poster who said doing 130 and 129 together gets it faster

i said "not fair to those who applcations are waiting ahead of these"

When I was waiting for my NOA2 (PD 11/14/18, Texas) I saw more and more filers with later PD getting approved (also Texas), and it also felt awfully « unfair » . Why them, and not me? 

If you want things to be fair, you should change the law. Immigration reform is long overdue. 

Fairness is an ethical issue that is not applicable in the matter of family reunification of this country.

[NikLR 13,227]

On 7/18/2019 at 9:27 AM, CSTSLP said:

Okay so are your fingers broken?  Can you not go out to the Nebraska list and look as others have done?  We have even made a list to show the recent numbers.  What kind of “proof” do you want?  I mean let’s be honest, it started with a trickle and has gradually grown to a steady stream as others have tried it.  To have a major number, it will take a while because people are too scared to try because 1.) their attorney told them it was obsolete 2.) they think they will have to wait longer 3.) or that will cost them more money. 

 

The K3 was developed by Congress when there was an unfair advantage for K1 to come to the US faster.  There is still an unfair advantage for the individuals that are in Nebraska SC.  We are not shifting the line, the K3 was specifically developed for this situation.

 

I’m sorry but this is a bunch of nonsense.  The immigration system is broken.  It’s ridiculous for married couples, especially newly weds to have to be apart for two years or more.  This is a time you are supposed to be getting to know each other, not stressing over Government red tape.

No, the K3 was created when the I-130 used to take YEARS to process.  Not because the K1 was faster (it always generally is.)  It was created with the LIFE act that allowed for families to come together to wait for the I-130 to be approved so they could then adjust their status.  It was a more expensive route with it's own pitfalls and a money grab.  The DOS changed their process so to allow fewer K3/K4 visas.  The USCIS then changed their rules to adjudicate the petitions together.  I think there is an anomaly right now that pulls the I-130 out of line, puts it with the I-129F and instead of going to the back of the line as per normal, the humans at Nebraska are then working on those cases quicker.  Eventually they will be told that's not the way of things.  

 

No one forced you to marry out side the USA.  Bringing a non-USC to the USA is a privilege.  It's not some right you were granted. 

 

If you didn't research it, well who's fault is that?  The immigration system has changed several times and evolved even since 2012.  In 2011 ONLY Vermont and California processed I-130s.  Then they created the NBC which was supposed to take over all of those.  But they were so overwhelmed in 2012 that cases went to local offices instead.  Some people had their I-130s approved in a month or two, and others, like Atlanta, took over a year for their cases to be looked at. That's not fair either but it is what it is.  Now the service centers are all over the place, you have no idea where things are going, and timeframes are wonky.  Well the system wasn't broke in 2011 when they changed it.  I-130s took 6 months.  NVC took 3-4 months.  It took 2 months to get an interview in most countries.  Average wait time total was about 12 months.  So it wasn't broken but people claimed it was and they changed it.  Now it's really JACKED UP!!! 

 

No, a lot of us do NOT go into monthly threads.  The moderators will go into them if something is reported or the thread is getting too large.  My last monthly thread was my ROC thread.  I don't look in them.  I have enough to do moving threads around to the appropriate places and attempting to help people with an ever changing process. None of us are getting paid.  We do it out of the goodness in our hearts. We get that you're upset and angry and venting.  We get that the system is broken.  We all know how it feels to miss your spouse. This is the one place where WE KNOW how it feels. Don't let your feelings get in the way of logic. 

Edited July 20, 2019 by NikLR

[TE and AE 39]

1 hour ago, NikLR said:

No, the K3 was created when the I-130 used to take YEARS to process.  Not because the K1 was faster (it always generally is.)  It was created with the LIFE act that allowed for families to come together to wait for the I-130 to be approved so they could then adjust their status.  It was a more expensive route with it's own pitfalls and a money grab.  The DOS changed their process so to allow fewer K3/K4 visas.  The USCIS then changed their rules to adjudicate the petitions together.  I think there is an anomaly right now that pulls the I-130 out of line, puts it with the I-129F and instead of going to the back of the line as per normal, the humans at Nebraska are then working on those cases quicker.  Eventually they will be told that's not the way of things.  

Yeah, I think you and I have had words before...we definitely see things differently. 

 

Here is the exact information from the USCIS, with the site location to be verified, so that there is no confusion.  The other information I referenced was taken from another source, but since you seem to think I'm not doing my research, let me assure you I have been doing hours and hours and hours of research.  I've seen what you referenced too, but this is exactly what the USCIS states, which to me is a more reliable source than Wikipedia, a lawyer, or form processing agency site:

https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

 

K-3/K-4 Nonimmigrant Visas

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare...

Legal References:

For more information, see the following:

• INA 101(a)(15)(K) – Definition of K nonimmigrants
• INA  214 – Admission of Nonimmigrants
• INA 216 – Conditional Permanent Residence
• INA 245 – Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence
• 8 CFR 214.2(k) – Spouses, fiancées, and fiancés of U.S. citizens
• 8 CFR 245 – Adjustment of Status to that of Person Admitted for Permanent Residence
• 8 CFR 274a.12– Classes of Aliens Authorized to Accept Employment 

 

Quote

No one forced you to marry out side the USA.  Bringing a non-USC to the USA is a privilege.  It's not some right you were granted. 

I'm not even going to respond to this because, I really have nothing nice to say about it.  This is the kind of rhetoric that I hear from certain political groups.

Quote

 

If you didn't research it, well who's fault is that?  The immigration system has changed several times and evolved even since 2012.  In 2011 ONLY Vermont and California processed I-130s.  Then they created the NBC which was supposed to take over all of those.  But they were so overwhelmed in 2012 that cases went to local offices instead.  Some people had their I-130s approved in a month or two, and others, like Atlanta, took over a year for their cases to be looked at. That's not fair either but it is what it is.  Now the service centers are all over the place, you have no idea where things are going, and timeframes are wonky.  Well the system wasn't broke in 2011 when they changed it.  I-130s took 6 months.  NVC took 3-4 months.  It took 2 months to get an interview in most countries.  Average wait time total was about 12 months.  So it wasn't broken but people claimed it was and they changed it.  Now it's really JACKED UP!!! 

I agree with you 100% that the system is really jacked up.  But what you failed to mention is that processing times have increased by at least 46% since 2016 due to changes in Immigration policies overall. To save time, I simply referenced one article but there are more articles and reports.   https://www.forbes.com/sites/stuartanderson/2019/01/31/uscis-immigration-delays-grow-longer-and-longer/#7f300a4b2254  

 

So I see that your spouse is from Canada.  Let me ask you this, were you able to cross the boarder to see your spouse pretty much whenever you wanted to.  Most Canadians/American couples I've known were able to.  Some of us don't have that luxury.  The restrictions on some countries are extreme.  I'm not saying that they shouldn't be but in my travels to Canada, France, Spain, and Morocco...The US is one of the strictest with security, especially with certain ethnic groups.  What I would like to see is a system that can treat people of different countries equally.  I don't see that, at all.  Also, I think it is in poor judgement to have couples separated for their first 12 months.  That's one of the hardest years in a couple's lives, learning to live together, learning about each other, etc.  It makes more sense to me to find a way to keep track of the spouse, allow them in the US to at least visit their spouse with a FBI background check and to see if the marriage works in a certain time frame.  If it doesn't send them back.  There are going to be couples that don't work, they will see which couples are more of a sham than a bonafide marriage and essentially have more control over those that come in and overstay their visa's or have multiple marriages to get into the US.  Probably you will say that the FBI at times has limited resources to see if a person is safe to come in...I've heard this before.  I don't know...I don't work for the FBI but I know there has to be a better way than to keep couples apart for a year or more.

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No, a lot of us do NOT go into monthly threads.  The moderators will go into them if something is reported or the thread is getting too large.  My last monthly thread was my ROC thread.  I don't look in them.  I have enough to do moving threads around to the appropriate places and attempting to help people with an ever changing process. None of us are getting paid.  We do it out of the goodness in our hearts. We get that you're upset and angry and venting.  We get that the system is broken.  We all know how it feels to miss your spouse. This is the one place where WE KNOW how it feels. Don't let your feelings get in the way of logic. 

Venting...I've had people be super critical of the data, me and others have provided, but those same people haven't been willing to contribute their own research.  Calling someone out without providing substantial evidence to the contrary, is inappropriate.  Again I will state, are their fingers broken so that they can't look this information up, that they have to depend on others to look it up for them or develop spreadsheets for them to look at the same data already provided.  I stated multiple times it was a small sampling but was criticized for it.  My frustration is that they are discouraging people from applying for the I129f when there's no reason to do so, they have done absolutely no research themselves.  I would love to have large amounts of data to show various people in this thread but the reality is that it's difficult to track because of VJ's Timeline design and as others have mentioned, some individuals do not put in data in once they are approved.

 

Furthermore, the I129f K3 was specifically designed to address these long delays. (see above for reference)

 

As far as being a moderator...I understand that it's non paid type of position and all that you have said about that...not sure I really understand why that's important to this post...unless it's someway of slapping my hand for 'allowing my feelings to get in the way of logic.'  My logic says don't criticize people's data when you are unwilling to research the data yourself.  A healthy review and discussion about the data is fine, as long as information goes back and forth in a shared format...this did not happen.  So instead of chastising me for being emotional, venting, angry or upset perhaps the other individual being so critical, should be spoken to as well.  Have a great night.

Edited July 20, 2019 by CSTSLP

[TBoneTX 45,264]

3 hours ago, CSTSLP said:

So I see that your spouse is from Canada.

One click of research would reveal that the member whom you conclude is the petitioner is really the beneficiary.

3 hours ago, CSTSLP said:

Again I will state, are their fingers broken so that they can't look this information up, that they have to depend on others to look it up for them

See just above.

3 hours ago, CSTSLP said:

My logic says don't criticize people's data when you are unwilling to research the data yourself.

See just above, and see the following:

On 7/18/2019 at 9:26 AM, geowrian said:

there's just not a large sample size to draw a conclusion, and VJ only makes up a small number of cases. And even then there are biases in the types of cases seen on here compared to the total data set

See the following:

3 hours ago, CSTSLP said:

The restrictions on some countries are extreme [...] What I would like to see is a system that can treat people of different countries equally [...] it is in poor judgement to have couples separated for their first 12 months [...] find a way to keep track of the spouse, allow them in the US to at least visit their spouse with a FBI background check [...] there has to be a better way than to keep couples apart for a year or more.

The above are points that have been made over and over by innumerable members, usually new, since at least 2007.  No amount of hope, attempted tricks, or wishful thinking will change the system.  The reality is that smooth progress through the entire immigration process will be rare.  Even if one thinks that one can beat the system by chopping a couple of months off the timeframe at one stage, delays can and do occur at any other stage.  This process is neither fast nor efficient, and no one will enjoy it.  Furthermore, the K-3 is essentially a dead end, and this has been known on this site for a great many years.  Finally, it's not unusual for new members (in this case, with a tenure of one month) to try to use a combination of theory, speculation, insignificant or isolated statistics, and wishful thinking to gainsay the patient contributions of experienced members (in this case, some of the most knowledgeable on the site) who have developed practical perspective on the process itself and its evolution over a period of years.  From this last standpoint, it's suggested that the new member refocus chief efforts on how best to prepare for the beneficiary's consular interview and how to tolerate the lengthy administrative processing or outright refusal that typically follows.

Edited July 20, 2019 by TBoneTX

[Jon & Ygritte 178]

15 minutes ago, CSTSLP said:

3.  We are not trying to cheat the system, simply use a process that was established by Congress that appears to work given specific circumstances.  

Definition of "cheating the system" from Wikipedia: "Gaming the system (also ... cheating the system, ...) can be defined as using the rules and procedures meant to protect a system to, instead, manipulate the system for a desired outcome."

 

Given that you are applying for K3 hoping it will be denied but shorten your wait for an approval of I-130, that is gaming the system. Perfectly human behavior, we all want what we want as soon as possible. Nonetheless, it is gaming the system.

Edited July 20, 2019 by Jon & Ygritte

[TE and AE 39]

30 minutes ago, Jon & Ygritte said:

Definition of "cheating the system" from Wikipedia: "Gaming the system (also ... cheating the system, ...) can be defined as using the rules and procedures meant to protect a system to, instead, manipulate the system for a desired outcome."

 

Given that you are applying for K3 hoping it will be denied but shorten your wait for an approval of I-130, that is gaming the system. Perfectly human behavior, we all want what we want as soon as possible. Nonetheless, it is gaming the system.

Correction:  I don't care if the K3 is approved or not.  I just want my husband with me.  So no, not cheating the system.  Following the rules that Congress put before us.  If the K3 is approved then I will pay the extra money for him to be adjudicated.  If they deny the K3 and process the I130, then lucky me, no extra money.  I think most of in NBS, really don't care how they process it, as long as they process it.  You may be the exception, but I am doing everything I can to get my husband here within the means of the law.

[Jon & Ygritte 178]

8 minutes ago, CSTSLP said:

Correction:  I don't care if the K3 is approved or not.  I just want my husband with me.  So no, not cheating the system.  Following the rules that Congress put before us.  If the K3 is approved then I will pay the extra money for him to be adjudicated.  If they deny the K3 and process the I130, then lucky me, no extra money.  I think most of in NBS, really don't care how they process it, as long as they process it.  You may be the exception, but I am doing everything I can to get my husband here within the means of the law.

It was a general "you", not "you" as an individual person.

Edited July 20, 2019 by Jon & Ygritte

[two_black_cats 114]

On 7/10/2019 at 10:34 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.

My thoughts exactly. Filing petitions all over the place won`t help the processing times situation for those who are patiently waiting

[TE and AE 39]

1 hour ago, two_black_cats said:

My thoughts exactly. Filing petitions all over the place won`t help the processing times situation for those who are patiently waiting

So, in my pursuit of the I129f, I found out through calling the USCIS,  that the I129f goes to the SC that your I130 was sent to.  They attach the two together.  So in my case, Nebraska.  If you are fortunate enough to be sent to Potomac, then there is no need to file the I129f as I130's are being approved in 3-6 months.

 

There was a comment about the I129f/I130 when attached should be placed back in the back of the line...So having worked for a government agency, I was always told to handle paperwork once to save time.  This may be a method that they employ because they are so backlogged.  Also, we really don't know if they have assigned one person to process the I129f/K3 applications or not.

[two_black_cats 114]

3 minutes ago, CSTSLP said:

So, in my pursuit of the I129f, I found out through calling the USCIS,  that the I129f goes to the SC that your I130 was sent to.  They attach the two together.  So in my case, Nebraska.  If you are fortunate enough to be sent to Potomac, then there is no need to file the I129f as I130's are being approved in 3-6 months.

 

There was a comment about the I129f/I130 when attached should be placed back in the back of the line...So having worked for a government agency, I was always told to handle paperwork once to save time.  This may be a method that they employ because they are so backlogged.  Also, we really don't know if they have assigned one person to process the I129f/K3 applications or not.

I wasn`t considering filing I129f although being "fortunate" I am still looking at at least 1,5 year of separation at later stages. My point was that extra petition for adjudicators to look at means the time being taken away from someone who has been patiently waiting 14 month for theirs to be adjudicated. 

[portorusa 431]

1 hour ago, two_black_cats said:

I wasn`t considering filing I129f although being "fortunate" I am still looking at at least 1,5 year of separation at later stages. My point was that extra petition for adjudicators to look at means the time being taken away from someone who has been patiently waiting 14 month for theirs to be adjudicated. 

Unless the USCIS has special people to deal with K3 petitions (which we don't know for sure).

To be waiting patiently, or not, it's up to each person, isn't it? Filing I-129F is legal and free of charge.

Why are you talking about 1,5 years of separation? You are lucky to be assigned to Potomac, so for you it should be decently speedy.

[TE and AE 39]

1 hour ago, two_black_cats said:

I wasn`t considering filing I129f although being "fortunate" I am still looking at at least 1,5 year of separation at later stages. My point was that extra petition for adjudicators to look at means the time being taken away from someone who has been patiently waiting 14 month for theirs to be adjudicated. 

Ok so think of it this way.  I have been waiting for 4 months now already longer than some of the Potomac individuals.  I am in Nebraska and timelines suggested by USCIS are 11-14.5/Igor 12 months.  The next step NVC about 6 weeks, the scheduling of the appointment 3-4 weeks, the Consulate interview 3-4 weeks, then if I’m lucky I won’t be put through extended AP and who knows how long that could take. So yes, you are fortunate to be in Potomac because if you were in Nebraska you would add another year at least to your time. 

Edited July 20, 2019 by CSTSLP

[two_black_cats 114]

25 minutes ago, portorusa said:

To be waiting patiently, or not, it's up to each person, isn't it? Filing I-129F is legal and free of charge.

Yes, it absolutely is. Each person has their own options and no arguments would change one's opinion if it involves reducing wait for the loved one. We all know this feeling. 

But it's like when you are driving down the road and see the sign "right lane closed", so you move to left one and see all these people driving by trying to squeeze infront of you and next thing you know you all are driving 10 mph on an interstate. 

[Ryan H 3,812]

***Post violating the TOS (personal attack) removed along with posts quoting; Administrative Action taken.***