Going to the USCIS field office

[calamitka 0]

Only what I know: K3, K4 was created in the LIFE act as a subcategory of F1, F2 nonimmigrant visa. Being subcategory probably explains nonexistence on USCIS web page. This is my guessing although I disregard accepting this.

Procedures overseas (at the embassies) for both are the same, difference makes I - 130 - immigrant petition pending contemporarily to I- 129 F.

Hypothetically USCIS takes more time to approve K3 because:

1. even it is immigrant visa the rule is that the person has to continue an immigration process once in US so maybe they more carefully check the evidence

2. right now K3(I - 129) are in the same office where I – 130. Observing the last approvals of I – 129 and I – 130 show that they were approved in the same day.

And now if anyone can help me with interpretation this below:

When is an Immigrant Visa Considered not to be Available for the Purpose of Obtaining a K3 Visa?

For the purposes of LIFE Act only, and in the absence of a definition of the term “availability of an immigrant visa” in that Act, the Department has given the phrase a narrow interpretation in order to maximize the number of aliens who may benefit from the Act’s provisions. Therefore, an immigrant visa will be considered to be available only when the actual approved I-130 petition has been received at the consular post at which the visa application must be filed. If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa.

http://www.uscis.gov/propub/ProPubVAP.jsp?...3dcfc6862c3f33b

If it means what I think it means - having approved I-130 gives no option but to continue obtaining immigrant visa at the embassies then fwaguy is right K-3 will soon extinct.

Unless K3 timeframe approval will be 90 days, which is most likely not happen anymore.

[payxibka 10,045]

If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa. [/b]

Key word is "at post". What is the definition of "at post"?

Edited October 11, 2007 by fwaguy

[pushbrk 12,898]

If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa. [/b]

Key word is "at post". What is the definition of "at post"?

You'll find it in the preceding sentence. The approved case is actually at the Consulate.

[pushbrk 12,898]

Only what I know: K3, K4 was created in the LIFE act as a subcategory of F1, F2 nonimmigrant visa. Being subcategory probably explains nonexistence on USCIS web page. This is my guessing although I disregard accepting this.

Procedures overseas (at the embassies) for both are the same, difference makes I - 130 - immigrant petition pending contemporarily to I- 129 F.

Hypothetically USCIS takes more time to approve K3 because:

1. even it is immigrant visa the rule is that the person has to continue an immigration process once in US so maybe they more carefully check the evidence

2. right now K3(I - 129) are in the same office where I – 130. Observing the last approvals of I – 129 and I – 130 show that they were approved in the same day.

And now if anyone can help me with interpretation this below:

When is an Immigrant Visa Considered not to be Available for the Purpose of Obtaining a K3 Visa?

For the purposes of LIFE Act only, and in the absence of a definition of the term “availability of an immigrant visa†in that Act, the Department has given the phrase a narrow interpretation in order to maximize the number of aliens who may benefit from the Act’s provisions. Therefore, an immigrant visa will be considered to be available only when the actual approved I-130 petition has been received at the consular post at which the visa application must be filed. If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa.

http://www.uscis.gov/propub/ProPubVAP.jsp?...3dcfc6862c3f33b

If it means what I think it means - having approved I-130 gives no option but to continue obtaining immigrant visa at the embassies then fwaguy is right K-3 will soon extinct.

Unless K3 timeframe approval will be 90 days, which is most likely not happen anymore.

It does not mean what you think it means. One must carefully read every word in every sentence of the complete paragraph to get the appropriate meaning.

While I agree, the K3 will soon be extinct, what you've quoted above has been in place quite some time. (several years). What it means is that once your I-130 has cleared NVC and arrived at the Consulate, any K3 process stops. Generally, if a K3 interview has been scheduled, the appointment is kept and the applicant is interviewed for the appropriate immigrant visa (CR/IR) instead.

What was very common in the past was for the K3 to surge so far ahead of the CR1 case that people never responded to NVC and I-130's never made it on station either at all or in rare cases, after the K3 applicant was already in the States. They then had the choice of AOS or flying back for an immigrant visa interview. Since K3 cases ended up doing AOS, the policy mentioned in my next paragraph was instituted about 11 months ago.

The reason the K3 is nearly extinct is because of the policy put in place in November 2006, which is to process the two petitions together, approve them together and then hold the I-130 so it NEVER gets "on station", resulting in a slowdown of I-129F for spouse processing. This coupled with the hefty fee increase for AOS, is likely to result in far fewer K3 cases, once the word gets out and people stop saying you can have two horses in the race. You can't anymore.

The K3 has been priced out of the market for the vast majority of couples. There are notable exceptions, like Canada, but this too is subject to change.

Edited October 11, 2007 by pushbrk

[calamitka 0]

Thank you so much pushbrk for taking your time.

The picture becomes clearer.

Beside nuances in the legislation I do struggle with my limited English and what for many might be obvious for me is not so I really appreciate your contribution in explanations.

[mohamadan 0]

Waiting like this is entirely against my nature. Yesterday my husband using infopass scheduled his appointment at our local USCIS office for Thursday 10.11. at 11.45. He will be requesting some further explanations.

It is not about using tricks to obtain our approval sooner than everyone else. That is not our intention and except for senator’s involvement it is impossible anyway.

Just like the rest of us (VJ users at least) we feel like puppets while USCIS is pulling the strings. And doesn’t matter we understand backlog etc.

It is about us making a statement, letting them know that present situation is unbearable.

…. just realized how pompous is what I've written. Don’t take me wrong. I just feel that it has to be done something even it is only bugging…

hi,

how was your husband's experience with USCIS office ?

Thanks.

[calamitka 0]

hi,

how was your husband's experience with USCIS office ?

Thanks.

Well, nothing of course. Nothing more that we can learn from USCIS site or from some VJ members (vide: pushbrk post above covers all points)

Officer

explained delays due to the amount of filled petitions

no explanation why there is no K3 category on web site

as of September 15 last petition date was March 15 (oh really)

Next three weeks I will be really busy with my diploma but after I will continue The fight

Good luck to everyone with approvals.

[Dylan'sWife 2]

Only what I know: K3, K4 was created in the LIFE act as a subcategory of F1, F2 nonimmigrant visa. Being subcategory probably explains nonexistence on USCIS web page. This is my guessing although I disregard accepting this.

Procedures overseas (at the embassies) for both are the same, difference makes I - 130 - immigrant petition pending contemporarily to I- 129 F.

Hypothetically USCIS takes more time to approve K3 because:

1. even it is immigrant visa the rule is that the person has to continue an immigration process once in US so maybe they more carefully check the evidence

2. right now K3(I - 129) are in the same office where I – 130. Observing the last approvals of I – 129 and I – 130 show that they were approved in the same day.

And now if anyone can help me with interpretation this below:

When is an Immigrant Visa Considered not to be Available for the Purpose of Obtaining a K3 Visa?

For the purposes of LIFE Act only, and in the absence of a definition of the term “availability of an immigrant visa†in that Act, the Department has given the phrase a narrow interpretation in order to maximize the number of aliens who may benefit from the Act’s provisions. Therefore, an immigrant visa will be considered to be available only when the actual approved I-130 petition has been received at the consular post at which the visa application must be filed. If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa.

http://www.uscis.gov/propub/ProPubVAP.jsp?...3dcfc6862c3f33b

If it means what I think it means - having approved I-130 gives no option but to continue obtaining immigrant visa at the embassies then fwaguy is right K-3 will soon extinct.

Unless K3 timeframe approval will be 90 days, which is most likely not happen anymore.

It does not mean what you think it means. One must carefully read every word in every sentence of the complete paragraph to get the appropriate meaning.

While I agree, the K3 will soon be extinct, what you've quoted above has been in place quite some time. (several years). What it means is that once your I-130 has cleared NVC and arrived at the Consulate, any K3 process stops. Generally, if a K3 interview has been scheduled, the appointment is kept and the applicant is interviewed for the appropriate immigrant visa (CR/IR) instead.

What was very common in the past was for the K3 to surge so far ahead of the CR1 case that people never responded to NVC and I-130's never made it on station either at all or in rare cases, after the K3 applicant was already in the States. They then had the choice of AOS or flying back for an immigrant visa interview. Since K3 cases ended up doing AOS, the policy mentioned in my next paragraph was instituted about 11 months ago.

The reason the K3 is nearly extinct is because of the policy put in place in November 2006, which is to process the two petitions together, approve them together and then hold the I-130 so it NEVER gets "on station", resulting in a slowdown of I-129F for spouse processing. This coupled with the hefty fee increase for AOS, is likely to result in far fewer K3 cases, once the word gets out and people stop saying you can have two horses in the race. You can't anymore.

The K3 has been priced out of the market for the vast majority of couples. There are notable exceptions, like Canada, but this too is subject to change.

I hope you are right about the I-129 still proceeding provided that the I-130 has not left the NVC for the consulate.

We are still getting the run about about our I-130, with the NVC saying they sent it to the CSC and have the badge number of the Agent that requested it...mean while the USCIS is saying there is no record of a request and that the petition is not showing as being in AR or the approval being revoked.

The USCIS agent my husband spoke today on the phone with said the I-129 stops once the I-130 reaches the NVC.

[pushbrk 12,898]

Only what I know: K3, K4 was created in the LIFE act as a subcategory of F1, F2 nonimmigrant visa. Being subcategory probably explains nonexistence on USCIS web page. This is my guessing although I disregard accepting this.

Procedures overseas (at the embassies) for both are the same, difference makes I - 130 - immigrant petition pending contemporarily to I- 129 F.

Hypothetically USCIS takes more time to approve K3 because:

1. even it is immigrant visa the rule is that the person has to continue an immigration process once in US so maybe they more carefully check the evidence

2. right now K3(I - 129) are in the same office where I – 130. Observing the last approvals of I – 129 and I – 130 show that they were approved in the same day.

And now if anyone can help me with interpretation this below:

When is an Immigrant Visa Considered not to be Available for the Purpose of Obtaining a K3 Visa?

For the purposes of LIFE Act only, and in the absence of a definition of the term “availability of an immigrant visa†in that Act, the Department has given the phrase a narrow interpretation in order to maximize the number of aliens who may benefit from the Act’s provisions. Therefore, an immigrant visa will be considered to be available only when the actual approved I-130 petition has been received at the consular post at which the visa application must be filed. If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa.

http://www.uscis.gov/propub/ProPubVAP.jsp?...3dcfc6862c3f33b

If it means what I think it means - having approved I-130 gives no option but to continue obtaining immigrant visa at the embassies then fwaguy is right K-3 will soon extinct.

Unless K3 timeframe approval will be 90 days, which is most likely not happen anymore.

It does not mean what you think it means. One must carefully read every word in every sentence of the complete paragraph to get the appropriate meaning.

While I agree, the K3 will soon be extinct, what you've quoted above has been in place quite some time. (several years). What it means is that once your I-130 has cleared NVC and arrived at the Consulate, any K3 process stops. Generally, if a K3 interview has been scheduled, the appointment is kept and the applicant is interviewed for the appropriate immigrant visa (CR/IR) instead.

What was very common in the past was for the K3 to surge so far ahead of the CR1 case that people never responded to NVC and I-130's never made it on station either at all or in rare cases, after the K3 applicant was already in the States. They then had the choice of AOS or flying back for an immigrant visa interview. Since K3 cases ended up doing AOS, the policy mentioned in my next paragraph was instituted about 11 months ago.

The reason the K3 is nearly extinct is because of the policy put in place in November 2006, which is to process the two petitions together, approve them together and then hold the I-130 so it NEVER gets "on station", resulting in a slowdown of I-129F for spouse processing. This coupled with the hefty fee increase for AOS, is likely to result in far fewer K3 cases, once the word gets out and people stop saying you can have two horses in the race. You can't anymore.

The K3 has been priced out of the market for the vast majority of couples. There are notable exceptions, like Canada, but this too is subject to change.

I hope you are right about the I-129 still proceeding provided that the I-130 has not left the NVC for the consulate.

We are still getting the run about about our I-130, with the NVC saying they sent it to the CSC and have the badge number of the Agent that requested it...mean while the USCIS is saying there is no record of a request and that the petition is not showing as being in AR or the approval being revoked.

The USCIS agent my husband spoke today on the phone with said the I-129 stops once the I-130 reaches the NVC.

Words mean things. Be careful of your reading. I didn't say the I-129F (It's not an I-129.) still proceeds provided the I-130 has not left NVC. I said the I-129F proceeds until the I-130 is on station at a Consulate. As for your final statement, either you or the agent it backward and somewhat sideways. The policy is that both petitions are approved together and the I-130 is held while the I-129F proceeds. The I-130 is not supposed to get to NVC at all. The service center sends it to the National Records Center until it is needed for AOS.

I have no explanation for what is happening in to your cases. Strange indeed.

[YGandMAT 0]

During this process I can’t apply for other visas because the pending immigrant petition.

This is simply not true... I am aware of a few people who had pending I-130's who subsequently (or interimly) applied for a tourist visa and it was granted.... Is it more difficult? probably... but it is not impossible or prohibited.

Yes, you can apply for a tourist visa, but it is almost impossible to get it (If you are lucky, you may get it). My husband had an interview for the tourist visa (In Mexico) while our applications were pending, and they told him NO...."you already have an immigrant petition pending, just wait". But you can always try it, to be honest, it gave us hope....TOO BAD IT DIDN'T WORK (at least we tried).

[Dylan'sWife 2]

Only what I know: K3, K4 was created in the LIFE act as a subcategory of F1, F2 nonimmigrant visa. Being subcategory probably explains nonexistence on USCIS web page. This is my guessing although I disregard accepting this.

Procedures overseas (at the embassies) for both are the same, difference makes I - 130 - immigrant petition pending contemporarily to I- 129 F.

Hypothetically USCIS takes more time to approve K3 because:

1. even it is immigrant visa the rule is that the person has to continue an immigration process once in US so maybe they more carefully check the evidence

2. right now K3(I - 129) are in the same office where I – 130. Observing the last approvals of I – 129 and I – 130 show that they were approved in the same day.

And now if anyone can help me with interpretation this below:

When is an Immigrant Visa Considered not to be Available for the Purpose of Obtaining a K3 Visa?

For the purposes of LIFE Act only, and in the absence of a definition of the term “availability of an immigrant visa†in that Act, the Department has given the phrase a narrow interpretation in order to maximize the number of aliens who may benefit from the Act’s provisions. Therefore, an immigrant visa will be considered to be available only when the actual approved I-130 petition has been received at the consular post at which the visa application must be filed. If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa.

http://www.uscis.gov/propub/ProPubVAP.jsp?...3dcfc6862c3f33b

If it means what I think it means - having approved I-130 gives no option but to continue obtaining immigrant visa at the embassies then fwaguy is right K-3 will soon extinct.

Unless K3 timeframe approval will be 90 days, which is most likely not happen anymore.

It does not mean what you think it means. One must carefully read every word in every sentence of the complete paragraph to get the appropriate meaning.

While I agree, the K3 will soon be extinct, what you've quoted above has been in place quite some time. (several years). What it means is that once your I-130 has cleared NVC and arrived at the Consulate, any K3 process stops. Generally, if a K3 interview has been scheduled, the appointment is kept and the applicant is interviewed for the appropriate immigrant visa (CR/IR) instead.

What was very common in the past was for the K3 to surge so far ahead of the CR1 case that people never responded to NVC and I-130's never made it on station either at all or in rare cases, after the K3 applicant was already in the States. They then had the choice of AOS or flying back for an immigrant visa interview. Since K3 cases ended up doing AOS, the policy mentioned in my next paragraph was instituted about 11 months ago.

The reason the K3 is nearly extinct is because of the policy put in place in November 2006, which is to process the two petitions together, approve them together and then hold the I-130 so it NEVER gets "on station", resulting in a slowdown of I-129F for spouse processing. This coupled with the hefty fee increase for AOS, is likely to result in far fewer K3 cases, once the word gets out and people stop saying you can have two horses in the race. You can't anymore.

The K3 has been priced out of the market for the vast majority of couples. There are notable exceptions, like Canada, but this too is subject to change.

I hope you are right about the I-129 still proceeding provided that the I-130 has not left the NVC for the consulate.

We are still getting the run about about our I-130, with the NVC saying they sent it to the CSC and have the badge number of the Agent that requested it...mean while the USCIS is saying there is no record of a request and that the petition is not showing as being in AR or the approval being revoked.

The USCIS agent my husband spoke today on the phone with said the I-129 stops once the I-130 reaches the NVC.

Words mean things. Be careful of your reading. I didn't say the I-129F (It's not an I-129.) still proceeds provided the I-130 has not left NVC. I said the I-129F proceeds until the I-130 is on station at a Consulate. As for your final statement, either you or the agent it backward and somewhat sideways. The policy is that both petitions are approved together and the I-130 is held while the I-129F proceeds. The I-130 is not supposed to get to NVC at all. The service center sends it to the National Records Center until it is needed for AOS.

I have no explanation for what is happening in to your cases. Strange indeed.

I really don't know what to think anymore- it's very hard and frustrating given the medical situation with our daughter coupled with the fact that in April we will me married for two years. I just want us to start our life together....if it has to be in Canada that's fine but it's hard to know when to throw in the towel since technically our visa petition has not been denied- revoked and according to them- in AP.

It's even harder to make heads or tales out of it since at times we have accoutered NNC agents or USCIS agents that were misinformed. Tell me if this makes sense to you, I spoke to a very nice NVC supervisor who told me that they have the badge number of the agent that requested the I-130 and they are at the CSC which is why the USCIS would not have a record of it. Does that make any sense? Aren't they essentially one of the same ?

[pushbrk 12,898]

Only what I know: K3, K4 was created in the LIFE act as a subcategory of F1, F2 nonimmigrant visa. Being subcategory probably explains nonexistence on USCIS web page. This is my guessing although I disregard accepting this.

Procedures overseas (at the embassies) for both are the same, difference makes I - 130 - immigrant petition pending contemporarily to I- 129 F.

Hypothetically USCIS takes more time to approve K3 because:

1. even it is immigrant visa the rule is that the person has to continue an immigration process once in US so maybe they more carefully check the evidence

2. right now K3(I - 129) are in the same office where I – 130. Observing the last approvals of I – 129 and I – 130 show that they were approved in the same day.

And now if anyone can help me with interpretation this below:

When is an Immigrant Visa Considered not to be Available for the Purpose of Obtaining a K3 Visa?

For the purposes of LIFE Act only, and in the absence of a definition of the term “availability of an immigrant visa†in that Act, the Department has given the phrase a narrow interpretation in order to maximize the number of aliens who may benefit from the Act’s provisions. Therefore, an immigrant visa will be considered to be available only when the actual approved I-130 petition has been received at the consular post at which the visa application must be filed. If the petition has been received at post, any K3 nonimmigrant visa application filed by the alien spouse will be denied and he or she will have to apply for an immigrant visa.

http://www.uscis.gov/propub/ProPubVAP.jsp?...3dcfc6862c3f33b

If it means what I think it means - having approved I-130 gives no option but to continue obtaining immigrant visa at the embassies then fwaguy is right K-3 will soon extinct.

Unless K3 timeframe approval will be 90 days, which is most likely not happen anymore.

It does not mean what you think it means. One must carefully read every word in every sentence of the complete paragraph to get the appropriate meaning.

While I agree, the K3 will soon be extinct, what you've quoted above has been in place quite some time. (several years). What it means is that once your I-130 has cleared NVC and arrived at the Consulate, any K3 process stops. Generally, if a K3 interview has been scheduled, the appointment is kept and the applicant is interviewed for the appropriate immigrant visa (CR/IR) instead.

What was very common in the past was for the K3 to surge so far ahead of the CR1 case that people never responded to NVC and I-130's never made it on station either at all or in rare cases, after the K3 applicant was already in the States. They then had the choice of AOS or flying back for an immigrant visa interview. Since K3 cases ended up doing AOS, the policy mentioned in my next paragraph was instituted about 11 months ago.

The reason the K3 is nearly extinct is because of the policy put in place in November 2006, which is to process the two petitions together, approve them together and then hold the I-130 so it NEVER gets "on station", resulting in a slowdown of I-129F for spouse processing. This coupled with the hefty fee increase for AOS, is likely to result in far fewer K3 cases, once the word gets out and people stop saying you can have two horses in the race. You can't anymore.

The K3 has been priced out of the market for the vast majority of couples. There are notable exceptions, like Canada, but this too is subject to change.

I hope you are right about the I-129 still proceeding provided that the I-130 has not left the NVC for the consulate.

We are still getting the run about about our I-130, with the NVC saying they sent it to the CSC and have the badge number of the Agent that requested it...mean while the USCIS is saying there is no record of a request and that the petition is not showing as being in AR or the approval being revoked.

The USCIS agent my husband spoke today on the phone with said the I-129 stops once the I-130 reaches the NVC.

Words mean things. Be careful of your reading. I didn't say the I-129F (It's not an I-129.) still proceeds provided the I-130 has not left NVC. I said the I-129F proceeds until the I-130 is on station at a Consulate. As for your final statement, either you or the agent it backward and somewhat sideways. The policy is that both petitions are approved together and the I-130 is held while the I-129F proceeds. The I-130 is not supposed to get to NVC at all. The service center sends it to the National Records Center until it is needed for AOS.

I have no explanation for what is happening in to your cases. Strange indeed.

I really don't know what to think anymore- it's very hard and frustrating given the medical situation with our daughter coupled with the fact that in April we will me married for two years. I just want us to start our life together....if it has to be in Canada that's fine but it's hard to know when to throw in the towel since technically our visa petition has not been denied- revoked and according to them- in AP.

It's even harder to make heads or tales out of it since at times we have accoutered NNC agents or USCIS agents that were misinformed. Tell me if this makes sense to you, I spoke to a very nice NVC supervisor who told me that they have the badge number of the agent that requested the I-130 and they are at the CSC which is why the USCIS would not have a record of it. Does that make any sense? Aren't they essentially one of the same ?

CSC is the USCIS's California Service Center. In other words, CSC is an office of USCIS, so yes, they are one in the same.

[C and J 1]

The funny thing is that nobody NOBODY knows about what we're going through. Every american I talk to about my marriage asks me " but why aren't you living with him?" "so you can't get right in, you're married to him #######"

My mother-in-law says exactly the same thing. Until my husband and I started this process, she was of the clouded-opinion that as soon as you marry an American, you are pretty much a citizen and there's no waiting. Just hop on a plane over there and settle in.

The sad thing is, when she explains our situation to her friends and family, they too thought the same. No one seems to realise (unless they have been affected by it or known someone affected by it) exactly what the immigration entails, how long it actually takes and how it affects the people involved emotionally.

I'm sure if it was more publicly known how long it takes to legally get a loved one to the States, there might be more done to speed up the process. At the moment, the organisations involved seem to be more than happy to let the misconceptions continue

Edited October 15, 2007 by C and J