Comments on the K-3 Situation

[visaveteran1 33]

I wonder at this point why people are still acting as if the K-3 (I-129F) petition is available...it seems by all evidence that it is not. From members reporting having their I-129F petition administratively closed (if filed after July 2007), calls made to USCIS reps, as well as from inquires made through congressional inquires, everything indicates no more K-3s...at least for now.

Is this legal as far as administrative law is concerned? I don't know but I do wonder. I think the USCIS may be using the fact that since August 2007 there is no longer a fee associated with the K-3 (I-129F) filing as a loop hole to terminate the K-3 process as soon as the I-130 is approved. This may be a way to play catch up from the flood of petitions in July and avoid the requirements of administrative laws about changing rues. I am only guessing.

Like others, I can not say anything with certainty until the USCIS comes out and explains itself. I do suggest that this site post some warnings to folks visiting the K-3 guidelines that there are currently no I-129F being approved (if filed after July 2007).

And I strongly urge folks to contact your congressional reps and senators, as I have done, and ask them to look into this K-3 situation and report to you what they find out.

[Elbereth 0]

I don't know if it helps, but form DHS-7001, which is Case Problem Submission Worksheet to CIS Ombudsman covers the following situation:

"I am facing or am about to face an immediate adverse action or impact, an emergency or any other type of significant hardship, caused by an action/inaction/delay in processing byUSCIS, or a problem that could not be resolved through the normal processes provided forby the USCIS"

Maybe that applies to the canceling of K-3, and maybe we can use that form to complain

form:

http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

My husband thinks we should all sue them

[Elbereth 0]

Do you think that if we massively sent CIS Ombudsman that form requesting that our K3s are kept, maybe they'll force USCIS to process them?

[visaveteran1 33]

Do you think that if we massively sent CIS Ombudsman that form requesting that our K3s are kept, maybe they'll force USCIS to process them?

I don't know much about ombudsman but it might be better to contact your congressinal rep or senator.

[Elbereth 0]

yeah, it isn't going to work with them... BUNDÕES!

email sent by me :

Dear James,

I know that this is a change of subject, but do you think that sending this form might also keep USCIS from “administratively closing” my K3 visa?

reply:

Filing the DHS form 7001 has no effect on your application with USCIS. The Ombudsman’s Office is a separate entity within DHS and not a part of CIS. We make recommendations to USCIS on their policies and procedures which create pervasive and systematic problems for applicants like yourself. If you have a specific problem with an application which you would like for us to investigate, we will be happy to do so, but it requires the submission of the 7001

James L. R.

my counter reply:

The eminent canceling of my K3 can’t be considered a specific pervasive and systematic problem for me?

Can I make a complain after they cancel it, and will that make any difference then?

his counter reply:

Questions such as yours were raised during the last teleconference on the K-3 issue on January 28, 2008. We are not aware of any I-129F’s being cancelled. This question has been referred to USCIS and we are waiting for their reply.

Okay... thanks for nothing

[SaysWho 3]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

[Elbereth 0]

What do you mean by I130 approval at an earlier date than the I-129F? earlier than I-129F receival date? NOA1 date?

During the backlog, it was taking USCIS more than 2 months to send the NOA1 for the I-130. Since you need the copy of the NOA1 to send the I-129F, that delayed the I-129Fs a LOT... it's no wonder the I-130s are so far ahead. But then, it's nobody's fault but their own, so nobody should suffer because of that.

[visaveteran1 33]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

It will be interesting to see if anyone gets a I-129F (K-3) approval anytime soon if your USCIS rep has it right. It has been 7 months since anyone seems to have gotten a K-3 approval (I have heard there is one exception). If the K-3 availability is "floating" based on how quickly the the service centers are processing petitions, it's a real ####### shoot deciding what petition is best to file for. I would say if someone files for a K-3, file the two petitions close together (the I-30 and the I-129F). That way, you won't loose so much time if the K-3 is canceled.

[Elbereth 0]

It's bullshit though because we only know this because we keep track on the applications filed before ours here on VJ

What about the people who are just filing based on information found on the USCIS website? They probably don't even know this is happening. I'm sure a lot of K-3 applications are still being sent everyday.

If USCIS is making a change in the process, they should have to make an announcement before doing it. If it is confusing for VJers filing now, imagine for non-VJers!

[visaveteran1 33]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

[badspellor 0]

I would say if someone files for a K-3, file the two petitions close together (the I-130 and the I-129F). That way, you won't loose so much time if the K-3 is canceled.

You would think this would be the case, but I filed my I-129F 2 weeks after my I-130 (which was 17 July) and am still awaiting NOA2. I check over at the IR-1/CR-1 forums and seeing people who filed their I-130 in September getting their NOA2's. It seems that disparity in processing petitions will quickly eat up any time saved by filing K3 for many, including time until interview, and that's provided that they'll even approve any more 129F's. For me, I wish I would have just gone with the IR-1 from the start as I'd probably have an interview date by now rather than still waiting for NOA2, but it's a real ####### shoot. USCIS really needs to come out and make an official statement rather than leaving everyone in limbo.

[Mononoke28 135]

I would say if someone files for a K-3, file the two petitions close together (the I-130 and the I-129F). That way, you won't loose so much time if the K-3 is canceled.

You would think this would be the case, but I filed my I-129F 2 weeks after my I-130 (which was 17 July) and am still awaiting NOA2. I check over at the IR-1/CR-1 forums and seeing people who filed their I-130 in September getting their NOA2's. It seems that disparity in processing petitions will quickly eat up any time saved by filing K3 for many, including time until interview, and that's provided that they'll even approve any more 129F's. For me, I wish I would have just gone with the IR-1 from the start as I'd probably have an interview date by now rather than still waiting for NOA2, but it's a real ####### shoot. USCIS really needs to come out and make an official statement rather than leaving everyone in limbo.

Well, filing the I-130 and I-129F together doesn't work either. I know of one VJ member who did just that and his I-129F was also being cancelled and his paperwork will be processed for a CR1 visa.

No one really seems to know what is happening with K3 visas but the USCIS better start explaining the cancellation of so many petitions before anything happens.

Diana

[gogo 6]

I hope I got my CR-1 (I-130) approved, and they canceled my I-129F.. haha.. but I guess either way is good.. as long as they are doing something now..

[SaysWho 3]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

[visaveteran1 33]

The explanation we received from our last call to USCIS, is that I-129F K3 apps were only being administratively closed if the I130 approval was at an earlier date than the I-129F, and as we know this was the recent situation. (They said administrative closing of I129F had nothing to do with who had paid/filed under the previous process). Now that the processing times for the 129F are back to being a month ahead of the I130's (at California), they will process the K3 (of course, not that processing times couldn't change back again!).

What troubles me, is to see people giving/taking advise not to file for K3 based on speculation and unofficial information (mine or anyone else's!). If you want a K3, file for it!...if you prefer the IR1/CR1 then don't....if you just want whatever is fastest to be with your spouse, consider it a "moving target" and explore what is best at any given point in time for the country your spouse is coming from.

Blessings to all!

To clarify my statement...I was not suggesting folks not file for the K-3, but I was suggesting that from the evidence we have at this time in history and from various sources, the K-3 is CURRENTLY being canceled once the I-130 is processed. Based on your interpretation of the conversation with the CSC USCIS rep, there seems to be a glimmer of hope that they will soon approve the K-3s again, at least at the California office. I hope this is accurate but we've heard conflicting things from USCIS reps and the infamous mis-information line.

This is why i have urged folks to work through your congressional reps and senators.

The choice to petition for K-3 remains someone's own personal decision. Good luck.

Sorry....just to clarify your clarification :-) ... it wasn't your post specifically that I was commenting on....I have been reading many posts in these discussion about K3 warning people not to file the I-129F. And, yes, I agree 100%, everyone should contact their reps and push for an offical response to this situation.

Thanks for your post. I understand.