My senator's office confirms that K-3s are being cancelled

[Delicia 1]

I just hung up the phone with my senator's aide. And he confirms the rumor regarding the K-3 application cancellations. He advised that another aide had recently (in December) contacted USCIS who confirmed that K-3s where being administratively cancelled at the USCIS level. He said he has not received any written notice from USCIS that this is happening or the reason why it is happening. He also could not comment on when exactly USCIS started this procedure although it appears to have started in July or August, from his research into this matter.

He was concerned that in his dealings with NVC recently, that the NVC is completely unaware of this process and are still processing the K-3's within 2 weeks of receipt as opposed to the IR-1/CR-1 which are processed in 10-12 weeks of receipt. Additionally, he expressed concern because the K-3s are traditionally given higher priority for interviews than IR-1/CR-1 applications.

He said he would continue to monitor the situation and call me if he learned anything new. Although he didn't have the finer details that I would of liked, the aide was incredibly helpful.

I urge anyone with concerns about the family immigration system and this recent news to write their lawmakers and inform them of these recent stealth changes that USCIS seems to be doing in an (I dare to say) illegal way. The K-3 option no longer seems to even exist anymore.

[Justin and Masako 0]

That is interesting. Are they all being canceled or only the ones where the I-130 has already been approved? Also I believe (though I may be wrong) that the K-3 is part of the LIFE act. If they are canceling them all I wonder how they will adhere to provisions of the LIFE act.

[Delicia 1]

I am not 100% sure, but I think they are being cancelled in favor of an existing I-130.

[N360 0]

He was concerned that in his dealings with NVC recently, that the NVC is completely unaware of this process and are still processing the K-3's within 2 weeks of receipt as opposed to the IR-1/CR-1 which are processed in 10-12 weeks of receipt. Additionally, he expressed concern because the K-3s are traditionally given higher priority for interviews than IR-1/CR-1 applications.

They cant give K3s higher priority if there arent going to be K3s to give prority to.

[Delicia 1]

That is true but there are K-3s still in process that will come out the other end of the tunnel. They seem to be cancelling the I-129s that were received in July and forwards but the ones received prior to that mystery date look like they will continue on their normal course.

[N360 0]

That is true but there are K-3s still in process that will come out the other end of the tunnel. They seem to be cancelling the I-129s that were received in July and forwards but the ones received prior to that mystery date look like they will continue on their normal course.

If those K3 were filed before July, then they deserve to be priority. :-)

[john & jean 37]

Those ### holes can do whatever they want to. Pick which rules apply, and when to apply them. You are at their mercy. I recently received a RFE, sent them what they asked for. Two weeks later recd. another RFE, called to ask what second RFE was for, told me"I don't know, you must wait for the letter." Another two weeks has passed still no letter!!! I am finished talking to them, EVERYTHING will now go through my congressmans office. I encourage anyone outside normal time to do the same. Don't think the Admin. at USCIS gives a damn, if you do it is a mistake. The csc approves less than four petitions per day. The work load / stress factor could be measured by Nanograms.

[SusieK 3]

Those ### holes can do whatever they want to. Pick which rules apply, and when to apply them. You are at their mercy. I recently received a RFE, sent them what they asked for. Two weeks later recd. another RFE, called to ask what second RFE was for, told me"I don't know, you must wait for the letter." Another two weeks has passed still no letter!!! I am finished talking to them, EVERYTHING will now go through my congressmans office. I encourage anyone outside normal time to do the same. Don't think the Admin. at USCIS gives a damn, if you do it is a mistake. The csc approves less than four petitions per day. The work load / stress factor could be measured by Nanograms.

Agree here - when I spoke to Omsbdmn spokesperson about a month ago she also stated and it was in the post, that they were going to bin the K3's basically but its not finalized or in the books...hmmm does that make it illegal to just toss them aside>? Who knows anymore. OH wait, yes illegal computes for them!!!

Yes on the RFE, for if my attorney ever gets the RFE request and it is something we sent which was everything including the god damn sink, I am going to find the time somehow and just say to my attorney (who is great thank god) yes send them what the hell they want, and then I am off to Senator's office for enough of this ####### is enough.

Sod em - they are screwed up and they have our lives in their hands- no not after the normal time line, they can deal with a politican - and lets see what happens

Cheers

[Enlighten one :) 5]

This is just so humorous. Can anyone just wait to see something in writing. I have to say that VisaJourney is the most informed group of people that know what is going on other then the USCIS. More so then Senator's, lawyers, and ombudsmen.

Lets stick with the facts:

Petitioners are being told that there I129F petition is or will be "administratively" closed. They are then going forward with their approved I130.

OK wait that still is not a "fact", because not one person can produce anything in writing from the USCIS stating this information. oh wait if someone could just get this in writing they could have legal recourse with USCIS for discriminating their petitions for the sake of processing quicker, for failing to provide information regarding their policies around administratively closed cases, and cause financial hardship for people who paid lawyers to process I129F petitions that might not really exist anymore.

So there is still no factual information other then people getting quick approvals on their I130 petitions. That should make everyone happy and we will move forward quietly.

I just hung up the phone with my senator's aide. And he confirms the rumor regarding the K-3 application cancellations. He advised that another aide had recently (in December) contacted USCIS who confirmed that K-3s where being administratively cancelled at the USCIS level. He said he has not received any written notice from USCIS that this is happening or the reason why it is happening. He also could not comment on when exactly USCIS started this procedure although it appears to have started in July or August, from his research into this matter.

He was concerned that in his dealings with NVC recently, that the NVC is completely unaware of this process and are still processing the K-3's within 2 weeks of receipt as opposed to the IR-1/CR-1 which are processed in 10-12 weeks of receipt. Additionally, he expressed concern because the K-3s are traditionally given higher priority for interviews than IR-1/CR-1 applications.

He said he would continue to monitor the situation and call me if he learned anything new. Although he didn't have the finer details that I would of liked, the aide was incredibly helpful.

I urge anyone with concerns about the family immigration system and this recent news to write their lawmakers and inform them of these recent stealth changes that USCIS seems to be doing in an (I dare to say) illegal way. The K-3 option no longer seems to even exist anymore.

[N360 0]

This is just so humorous. Can anyone just wait to see something in writing. I have to say that VisaJourney is the most informed group of people that know what is going on other then the USCIS. More so then Senator's, lawyers, and ombudsmen.

Lets stick with the facts:

Petitioners are being told that there I129F petition is or will be "administratively" closed. They are then going forward with their approved I130.

OK wait that still is not a "fact", because not one person can produce anything in writing from the USCIS stating this information. oh wait if someone could just get this in writing they could have legal recourse with USCIS for discriminating their petitions for the sake of processing quicker, for failing to provide information regarding their policies around administratively closed cases, and cause financial hardship for people who paid lawyers to process I129F petitions that might not really exist anymore.

So there is still no factual information other then people getting quick approvals on their I130 petitions. That should make everyone happy and we will move forward quietly.

Are you saying that the fact that USCIS is closing K3s is not a fact because you cant find anything in writing about this from the USCIS?

I'm not really familiar with your timeline. Not sure if your I129 had been approved or closed yet. But, if your I129 gets closed (knock on wood), are you saying that it wont be a fact until you see someting in writing from the USCIS?

Meriam webster describe fact as a piece of information presented as having objective reality. Something that has actual existence.

Well... My 129F got cancelled. That is objective reality enough for me.

I'm just a little confused because I've been reading your post and you seem to be having trouble "accepting the fact" that USCIS is closing K3s in some cases.

[pushbrk 12,882]

This is just so humorous. Can anyone just wait to see something in writing. I have to say that VisaJourney is the most informed group of people that know what is going on other then the USCIS. More so then Senator's, lawyers, and ombudsmen.

Lets stick with the facts:

Petitioners are being told that there I129F petition is or will be "administratively" closed. They are then going forward with their approved I130.

OK wait that still is not a "fact", because not one person can produce anything in writing from the USCIS stating this information. oh wait if someone could just get this in writing they could have legal recourse with USCIS for discriminating their petitions for the sake of processing quicker, for failing to provide information regarding their policies around administratively closed cases, and cause financial hardship for people who paid lawyers to process I129F petitions that might not really exist anymore.

So there is still no factual information other then people getting quick approvals on their I130 petitions. That should make everyone happy and we will move forward quietly.

Are you saying that the fact that USCIS is closing K3s is not a fact because you cant find anything in writing about this from the USCIS?

I'm not really familiar with your timeline. Not sure if your I129 had been approved or closed yet. But, if your I129 gets closed (knock on wood), are you saying that it wont be a fact until you see someting in writing from the USCIS?

Meriam webster describe fact as a piece of information presented as having objective reality. Something that has actual existence.

Well... My 129F got cancelled. That is objective reality enough for me.

I'm just a little confused because I've been reading your post and you seem to be having trouble "accepting the fact" that USCIS is closing K3s in some cases.

Actually, I think Lurking has a point. The absense of any sort of documentation in this picture is disturbing to me. It's why I didn't come on board believing it until several reports came in from several credible sources. The reports from even more credible sources keep pooring in but I've seen none of the kind of confirmation we usually see, like a notice of action with a reason given on the supposed cancelled I-129F's.

The next step for those with verbal notification of administrative cancellation is to confirm that NVC has their I-130 and does not have their I-129F. I wouldn't put it past USCIS to simply not communicate on the I-129f in writing but they do need to forward "approved" petitions to NVC.

So, lets start nailing this down with some reports of what's happening to the approved petitions and the supposed cancelled ones. What is the further communication? What is at NVC and what isn't.

[Enlighten one :) 5]

Nope, I believe that the USCIS has told you they canceled your case. You could care less your I130 is approved. I do not remember denying your reality or anyone else's.

The humerus thing about his post is there is another one stating that their senator stated that the USCIS is still processing petitions for the K3 visa. So noelandtintin you prove to me, which one is fact! Prove the fact. This is a fact to you, but how are you going to prove what is fact. By presenting evidence in documentation.

This is just so humorous. Can anyone just wait to see something in writing. I have to say that VisaJourney is the most informed group of people that know what is going on other then the USCIS. More so then Senator's, lawyers, and ombudsmen.

Lets stick with the facts:

Petitioners are being told that there I129F petition is or will be "administratively" closed. They are then going forward with their approved I130.

OK wait that still is not a "fact", because not one person can produce anything in writing from the USCIS stating this information. oh wait if someone could just get this in writing they could have legal recourse with USCIS for discriminating their petitions for the sake of processing quicker, for failing to provide information regarding their policies around administratively closed cases, and cause financial hardship for people who paid lawyers to process I129F petitions that might not really exist anymore.

So there is still no factual information other then people getting quick approvals on their I130 petitions. That should make everyone happy and we will move forward quietly.

Are you saying that the fact that USCIS is closing K3s is not a fact because you cant find anything in writing about this from the USCIS?

I'm not really familiar with your timeline. Not sure if your I129 had been approved or closed yet. But, if your I129 gets closed (knock on wood), are you saying that it wont be a fact until you see someting in writing from the USCIS?

Meriam webster describe fact as a piece of information presented as having objective reality. Something that has actual existence.

Well... My 129F got cancelled. That is objective reality enough for me.

I'm just a little confused because I've been reading your post and you seem to be having trouble "accepting the fact" that USCIS is closing K3s in some cases.

[Delicia 1]

This whole debate is somewhat humorous to me as well. It reminds me of the debate that was going on during the August-December 2007 when USCIS was reporting no forward movement on processing I-130s at all on their receipting report. I stated at that time, as many other did, that USCIS was not processing I-130s at all in favor of other application types (e.g. naturalization) and many people rebutted "USCIS has not come out with a statement advising they are not processing I-130s at all so therefor it is not happening!"

The results are evidence in and of themselves. There were no NOA-1s issued for I-130s from either CSC or VSC during that time frame and only when USCIS announced that they were sending the I-130s to Chicago in December for input did the NOA-1s start coming out. It is clear from this example that USCIS does not announce their every move. Only after their announcement about the Chicago Lockbox processing did everyone believe that USCIS was doing nothing but stacking up the I-130s in their mail rooms and ignoring them prior to that date.

USCIS processes can be judged more accurately by what they are actually doing then what they announce (or don't announce) they are doing.

[N360 0]

Actually, I think Lurking has a point. The absense of any sort of documentation in this picture is disturbing to me. It's why I didn't come on board believing it until several reports came in from several credible sources. The reports from even more credible sources keep pooring in but I've seen none of the kind of confirmation we usually see, like a notice of action with a reason given on the supposed cancelled I-129F's.

The next step for those with verbal notification of administrative cancellation is to confirm that NVC has their I-130 and does not have their I-129F. I wouldn't put it past USCIS to simply not communicate on the I-129f in writing but they do need to forward "approved" petitions to NVC.

So, lets start nailing this down with some reports of what's happening to the approved petitions and the supposed cancelled ones. What is the further communication? What is at NVC and what isn't.

I agree, the lack of documentation or statement from USCIS disturbs me too. I've always said that I dont know or understand why USCIS doesnt release a statement about the K3 cancellations.

My point was "I thought" Lurking was denying evrything that is happening as a fact because there's no statement from the USCIS.

[pushbrk 12,882]

Actually, I think Lurking has a point. The absense of any sort of documentation in this picture is disturbing to me. It's why I didn't come on board believing it until several reports came in from several credible sources. The reports from even more credible sources keep pooring in but I've seen none of the kind of confirmation we usually see, like a notice of action with a reason given on the supposed cancelled I-129F's.

The next step for those with verbal notification of administrative cancellation is to confirm that NVC has their I-130 and does not have their I-129F. I wouldn't put it past USCIS to simply not communicate on the I-129f in writing but they do need to forward "approved" petitions to NVC.

So, lets start nailing this down with some reports of what's happening to the approved petitions and the supposed cancelled ones. What is the further communication? What is at NVC and what isn't.

I agree, the lack of documentation or statement from USCIS disturbs me too. I've always said that I dont know or understand why USCIS doesnt release a statement about the K3 cancellations.

My point was "I thought" Lurking was denying evrything that is happening as a fact because there's no statement from the USCIS.

Your point is well understood. A fact is a fact independant of proof but in the absense of concrete proof, there is room for some debate. So far, the evidence is anecdotal but compelling nonetheless, IMO.