K3's Issued in August & September?

[d3domino 1]

Hello all,

First time poster so I hope I am posting in the right place. I know I've seen many saying K3's arent being issued anymore but when I looked at visas issued in September and August I found a K3 issued in Islamabad and a K3 issued in Ciudad Juarez. Does this mean the K3 is coming back? 

[Boiler 45,486]

Nope

 

There has always been a handful, I would be interested to know the individual circumstances.

 

Not sure if I have seen anybody say none are issued, for most practical purposes K3 is dead.

[aaron2020 11,651]

No.

[Crazy Cat 41,845]

7 minutes ago, d3domino said:

Hello all,

First time poster so I hope I am posting in the right place. I know I've seen many saying K3's arent being issued anymore but when I looked at visas issued in September and August I found a K3 issued in Islamabad and a K3 issued in Ciudad Juarez. Does this mean the K3 is coming back? 

No.  One or two a year is virtually extinct.

[d3domino 1]

4 minutes ago, Boiler said:

Nope

 

There has always been a handful, I would be interested to know the individual circumstances.

 

Not sure if I have seen anybody say none are issued, for most practical purposes K3 is dead.

I would also be interest to know why as well... Can you imagine a circumstance in which they would issue a K3 over the traditional CR1? 

[Boiler 45,486]

Just now, d3domino said:

I would also be interest to know why as well... Can you imagine a circumstance in which they would issue a K3 over the traditional CR1? 

Derivatives 18 to 21?

[aaron2020 11,651]

1 minute ago, d3domino said:

I would also be interest to know why as well... Can you imagine a circumstance in which they would issue a K3 over the traditional CR1? 

Don't think the handful of people who got K3 have ever been on VJ to provide any circumstances.  Privacy laws would prevent the US Government from disclosing the circumstances.  

[aaron2020 11,651]

2 minutes ago, Boiler said:

Derivatives 18 to 21?

When a USC petitions for a spouse, derivatives are not allowed.  

[Boiler 45,486]

Just now, aaron2020 said:

When a USC petitions for a spouse, derivatives are not allowed.  

Yup that is K1's

 

OK can not think of why somebody would want a K3, even if a few weeks quicker you have the hassle of adjustment etc etc.

[d3domino 1]

3 minutes ago, Boiler said:

Yup that is K1's

 

OK can not think of why somebody would want a K3, even if a few weeks quicker you have the hassle of adjustment etc etc.

At the Texas Processing Center atleast it says the processing time right now for i129f is 3.5 - 7 months where as the i130 processing time is 10.5 - 14 months. I would think that would be the reason people would try the K3 route? In hopes of cutting down time at the processing center?

[aaron2020 11,651]

6 minutes ago, Boiler said:

Yup that is K1's

 

OK can not think of why somebody would want a K3, even if a few weeks quicker you have the hassle of adjustment etc etc.

Here is where the law doesn't make sense.

 

If a parent qualifies for a K-3, then children under 21 can qualify for a K-4.  However, the K-4 must have been under age 18 when the USC married their parent.  So only someone who qualifies as a CR-2/IR-2 would be able to get a K-4.  CR-2 and IR-2 would be better than a K-4 because of the requirement to adjust status.

[Boiler 45,486]

7 minutes ago, aaron2020 said:

Here is where the law doesn't make sense.

 

If a parent qualifies for a K-3, then children under 21 can qualify for a K-4.  However, the K-4 must have been under age 18 when the USC married their parent.  So only someone who qualifies as a CR-2/IR-2 would be able to get a K-4.  CR-2 and IR-2 would be better than a K-4 because of the requirement to adjust status.

Need to warm up my brain cells. my only excuse is that these have not been a thing for so many years.

 

There are of course lots of illogicalities, like why can a LPR sponsor a spouse and derivatives but a USC has to petition individually.

 

I do not pay that much attention to the so called processing times, a lot of them seem to be spurious. I am aware of the general trends and looks like they may be coming down, but there will be individual cases that seem to go super quick or take many years.

 

I am also aware that filing a K3 seemed to move the I 130 forward some time back, that seems to have finished, I assume word got around and why would they wish to encourage more K3's.

 

 

Edited February 24, 2022 by Boiler

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to K3 Process & Procedures ***

 

[iwannaplay54 985]

15 hours ago, d3domino said:

Hello all,

First time poster so I hope I am posting in the right place. I know I've seen many saying K3's arent being issued anymore but when I looked at visas issued in September and August I found a K3 issued in Islamabad and a K3 issued in Ciudad Juarez. Does this mean the K3 is coming back? 

K3 never went away.  Still written into the law, still a valid visa classification.

The I129F just gets discarded when the I130 gets approved and USCIS started linking the two and processing them co-currently in 2008 or so which invalidated the I129F in favor of the I130.

If I had to guess, these cases were filed the old way - File the I130, get a receipt number, separately file the I129F, which probably got processed in another center and not linked, and the approved I129F sailed through while the I130 languished on a desk.  
They can’t eliminate it because Congress set it up.  If one slips through their new process it gets issued.

That’s my call.

[SteveInBostonI130 3,434]

19 hours ago, d3domino said:

At the Texas Processing Center atleast it says the processing time right now for i129f is 3.5 - 7 months where as the i130 processing time is 10.5 - 14 months. I would think that would be the reason people would try the K3 route? In hopes of cutting down time at the processing center?

It takes to that long to see the K3 and then administratively close it.  Processing time does not mean approval time.

 

With the K3, workload is added to USCIS.  Perhaps minimal, but it is still added workload.

Edited February 25, 2022 by SteveInBostonI130