K3 visa

[Quarknase 1,072]

3 hours ago, Dejavudeji31 said:

YEah we was able to log in the account today and this is what we saw

 

Click on the documents tab in the picture. This is where you see PDFs of the letters they sent. The Receipt notice should be there for sure, and you can monitor there if they send the petitioner anything else.

Edited June 13, 2020 by Ontarkie
edited quote to removed attachment containing personal information

[Dejavudeji31 3]

27 minutes ago, Quarknase said:

Click on the documents tab in the picture. This is where you see PDFs of the letters they sent. The Receipt notice should be there for sure, and you can monitor there if they send the petitioner anything else.

We found the documents we mailed to them  on there

[Quarknase 1,072]

19 minutes ago, Dejavudeji31 said:

We found the documents we mailed to them  on there

This is what I mean. Above your uploads, you should see the documents from them 

[Kj52 2]

She is your wife why k1

[geowrian 22,337]

6 minutes ago, Kj52 said:

She is your wife why k1

K-3.* K-3 is almost never issued anymore...only a small handful are issued annually, and none from that region of the world.

A K-3 is for a spouse but is similar to a K-1 in that you do AOS afterwards.

It will be converted to a CR-1 or IR-1 once the I-129F gets denied (due to the I-130 being approved).

 

=====

It takes as long as it takes. Unfortunately, it seems yours is taking a little longer than average, IIRC.

 

Nigeria does have a ban on IVs currently, so you would be impacted. When you filed the petition doesn't matter....the visa needed to have been issued prior to the effective date of the ban to get around it.

You will be considered for a waiver after the interview. The last time I ran the numbers, it was roughly a 50% success rate, although it was not broken down by type of IV...spouses may or may not be a higher approval rate than other visas.

That said, the petitioning phase should be unaffected. USCIS is still processing petitions for beneficiaries in countries with a ban.

[HRQX 4,145]

13 hours ago, Duke & Marie said:

Forgive me if I’m wrong but I thought Nigeria was on the list of banned countries? 

Ban is on IV issuance. Thus, I-130 processing should continue as normal. At visa interview, the CO can recommend to pursue a waiver to the EO after the initial denial: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html "How do the Proclamations address waivers?"

 

If by an extreme miracle the I-129F is approved, the I-130 remains pending, and the consulate resumes visa processing, then OP would be eligible for the ultra rare K-3. K-3 is a NIV, so it isn't subject to that Nigeria ban. The catch is that K-3 isn't realistic in the slightest way.

[Duke & Marie 1,389]

42 minutes ago, HRQX said:

Ban is on IV issuance. Thus, I-130 processing should continue as normal. At visa interview, the CO can recommend to pursue a waiver to the EO after the initial denial: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html "How do the Proclamations address waivers?"

 

If by an extreme miracle the I-129F is approved, the I-130 remains pending, and the consulate resumes visa processing, then OP would be eligible for the ultra rare K-3. K-3 is a NIV, so it isn't subject to that Nigeria ban. The catch is that K-3 isn't realistic in the slightest way.

Yeah looking like an uphill battle once they get past i130 approval..I think USCIS picked up on the surge of k3 applicants last year and shut that avenue down with ref to speeding the process up.. and as u said k3 are very rare. And the i129could go against him too And bring on the i130 approval, putting k3 out of the picture all together.  waivers are hit and miss for that region its gunna be tough

Edited June 14, 2020 by Duke & Marie

[Duke & Marie 1,389]

13 hours ago, Dejavudeji31 said:

Yeah Nigeria is part of the ban continues, but I heard it doesn’t affect my petition based in the fact that we submitted before the commencement of the ban,does it affect?

You heard incorrect sorry... your visa had to of been issued before the proclamations date of effectiveness... your only options now are k3 approval which is very rare or waiver approval which appears to be 50/50 chance of success.. 

Edited June 14, 2020 by Duke & Marie

[HRQX 4,145]

1 hour ago, Duke & Marie said:

your only options now are k3 approval which is very rare

Just to illustrate to OP how extremely rare the K-3 is, I couldn't find the last time Lagos issued a K-3. I could only find five K-3 visas issued in the continent of Africa in the last few years:

• 1 in Djibouti in March 2020: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/MARCH 2020 - NIV Issuances by Post and Visa Class.pdf; Beneficiary was a national of Yemen: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/MARCH 2020 - NIV Issuances by Nationality and Visa Class.pdf
• 1 in Djibouti in November 2019: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/NOVEMBER 2019 - NIV Issuances by Post and Visa Class.pdf; Beneficiary was a national of Yemen: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/NOVEMBER 2019 - NIV Issuances by Nationality and Visa Class.pdf
• 1 in Bamako in October 2017: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/OCTOBER 2017 - NIV Issuances by Post and Visa Class.pdf; Beneficiary was a national of Mali: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/OCTOBER 2017 - NIV Issuances by Nationality and Visa Class.pdf
• 1 in Djibouti in September 2017: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/SEPTEMBER 2017 - NIV Issuances by Post and Visa Class.pdf; Beneficiary was a national of Yemen: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/SEPTEMBER 2017 - NIV Issuances by Post and Visa Class.pdf
• 1 in Algiers in July 2017: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JULY 2017 - NIV Issuances by Post and Visa Class.pdf; Beneficiary was a national of Yemen: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JULY 2017 - NIV Issuances by Nationality and Visa Class.pdf

[Dejavudeji31 3]

On 6/13/2020 at 8:17 PM, Quarknase said:

This is what I mean. Above your uploads, you should see the documents from them 

now this is message we got on the 17 of June 2020,what do you guys think 

[milimelo 4,467]

They’ll process your paperwork at NVC (and you should complete all the steps required) and you’ll get all the way to interview but if the ban is still in place at that time your visa will be refused at that time. 

[Dejavudeji31 3]

On 6/13/2020 at 9:06 AM, Dejavudeji31 said:

Hello everybody,my US citizens wife filed I-130 for me November 1 2019 and I-129f(k3) December 16 2019,it is written on the the USCIS website that the processing time will take 5 to 7 months,we still haven’t hear anything from them, although my is currently in Nigeria since march 17 and she was unable to go back to the US due to the pandemic and she was unable to log in into her USCIS because of the verification code that she’ll receive from her regular phone,what can we do please

We finally got a email from NVC that our petition  (1-30) is approved on the 17 of June 2020,what is the next step to do

[Just Paul 4,595]

34 minutes ago, Dejavudeji31 said:

We finally got a email from NVC that our petition  (1-30) is approved on the 17 of June 2020,what is the next step to do

1) Do the NVC processing,

2) stop posting in the K3 threads - you are not getting a K3.  Post your NVC questions in the NVC threads.

Edited June 18, 2020 by Paul & Mary

[Kide 37]

Uhm.... he will be automatically rejected because of the ban YES, but Nigerians have been getting waivers in numbers still after the said ban. What happens here on after is that the interviews are more strict and you have to prove beyond reasonable doubt that you're not a scam.. etc.

Our ban came in as a result of poor information sharing, now at our local embassy here in Nigeria, some intense measures has been put in place to bridge this gap by requesting for extra primary documents for identification purposes.. such as: the West African Examination Council result (O'level) which can be vetted genuinely among others.

 

Here is a breakdown of the number of visas issued in the month of March 2020, a month after the ban (bearing in mind that consulate offices closed operations towards the month end because  of Covid19, thus, a relative reduction as to the total numbers to have been given in a complete 30 day cycle. (comparing this to months prior to the ban, it's fair enough).

 

January 2020 (before the ban)

 

 

 

March 2020 (after the ban)

[geowrian 22,337]

24 minutes ago, Kide said:

Uhm.... he will be automatically rejected because of the ban YES, but Nigerians have been getting waivers in numbers still after the said ban. What happens here on after is that the interviews are more strict and you have to prove beyond reasonable doubt that you're not a scam.. etc.

I'd disagree with the last part of this. A waiver for inadmissibility under PP 9983 (INA 212(f)) is granted based on 3 criteria, none of which is if the relationship is a scam or not. The relationship validity is a separate requirement for the visa and would have already been considered before moving on to the waiver.

The CO is not supposed to consider anything other than those 3 criteria.

 

Per the FAM (https://fam.state.gov/FAM/09FAM/09FAM030214.html), to be eligible for the waiver, there are 3 criteria that must be met:

Quote

9 FAM 302.14-10(C)(1)  (U) Determining Waiver Eligibility

(CT:VISA-1027;   03-12-2020)

a. (U) Each applicant who is subject to PP 9645 or PP 9983 and does not qualify for an exception, must be automatically considered for a waiver under the Proclamation.  PP 9645 permits consular officers to grant waivers and authorize the issuance of a visa on a case-by-case basis when the applicant demonstrates to your satisfaction that the visa case meets all of the following three conditions:

(1)  (U) Denying entry would cause undue hardship to the applicant (see 9 FAM 302.14-10(C)(3);

(2)  (U) His or her entry would not pose a threat to the national security or public safety of the United States (9 FAM 302.14-10(C)(5); and

(3)  (U) His or her entry would be in the U.S. national interest (see 9 FAM 302.14-10(C)(4).

b. (U)  You must consider each applicant for a waiver consistent with the criteria set out in PP 9645 as explained in this FAM guidance; you cannot create or use different or additional requirements for a waiver than that explained in this guidance.

 

Quote

Here is a breakdown of the number of visas issued in the month of March 2020, a month after the ban (bearing in mind that consulate offices closed operations towards the month end because  of Covid19, thus, a relative reduction as to the total numbers to have been given in a complete 30 day cycle. (comparing this to months prior to the ban, it's fair enough).

I'd just add this source as well: https://travel.state.gov/content/dam/visas/presidentialproclamation/P.P. 9645 Monthly Public Reporting–May 2020.pdf

This is the number of visa applications, those denied under the EO and were considered for a waiver, and those that ultimately got the waiver.

For Nigeria in particular, it's been around a 50% success rate. Breakdowns of the type of IVs are not provided...so no way to know if most of those cases were spousal visas, sibling visas, etc.

Edited June 18, 2020 by geowrian