K-3 Obsolete per Ombudsman

[daboyz 36]

I found this passage interesting in the USCIS Ombudsman report:

Immigration Family Equity (LIFE) Act of 2000, enacted in

response to immigration benefits processing delays, established

the K-3 visa category for foreign spouses of U.S. citizens

to obtain a nonimmigrant visa and more quickly join their

spouses in the country.281 During the reporting period, the

Ombudsman continued to hear concerns from communitybased

organizations, the immigration legal community, and

directly from customers that the spirit of the LIFE Act is not

fulfilled because processing times for K-3 nonimmigrant

visas equal those for immigrant visas for spouses of U.S.

citizens.282 As of this writing, the two USCIS service centers

that adjudicate the relevant forms, Form I-129F (Petition for

Alien Fiance(é)) and I-130 (Petition for Alien Relative), show

a processing time for I-129Fs equal to or greater than those

for I-130s.283 As the LIFE Act sought to make the K-3 a faster

means of reuniting American citizen families, the legislative

intent is not being fulfilled.284

Source:

http://www.nafsa.org/_/Document/_/cis_ombudsman_report_3.pdf

page 47

[Y's_habibitk 2]

It would be nice if they did something about it...like hold the service centers accountabe to process the LIFE act visas faster than the CR/IR1's

The "faster reunion" is probably still viewed as the quicker processing times AFTER approval. (at NVC)

[daboyz 36]

I think the whole reason for the K-3, was that CR-1/IR-1 was taking a year or more at the NVC stage. I have seen people get through in like 18 days recently.

[Y's_habibitk 2]

I think the whole reason for the K-3, was that CR-1/IR-1 was taking a year or more at the NVC stage. I have seen people get through in like 18 days recently.

Yep, and CR1's were taking alot longer to be approved at the service centers too.

[Malrothien 6]

This is why I am hesitant to file the I129F. As it looks like, the I130 would be approved sometime in Marchish. Going to Montreal from Vancouver in that time of year is bad.

[lucyrich 20]

At the time they introduced the K-3, it was taking 5 or more years just to get a spousal I-130 through the USCIS and forwarded on to the NVC. The backlog really was that bad. Fiancee visas were taking 6-8 months or so, but if you were already married, you were in for a five year wait. The bureaucrats decided that the best way to fix the problem wasn't to work on reducing the backlog of spousal visas, but instead to introduce a whole new type of visa as a shortcut, thus doubling the total paperwork.

On the day we applied (see timeline below) the then-current timelines for the backlog said that it would take about 6 months to get an I-129F approved, versus about four years for an I-130. But while our paperwork was in the system, they started working through the I-130 backlog at a fantastic pace, and they also basically stopped processing spousal I-129Fs for several months. We were extremely surprised to have our I-130 approved before the I-129F. And ours was among the first CR-1 cases to be reported through visajourney.

Be careful what you lobby for. Another way of saying "they ought to be held accountable to process K-3's faster than CR-1's" is to say "They ought to be held accountable to slow down on those CR-1s and make sure none of them happen as fast as K-3s".

Wouldn't it be nice if they just made the CR-1 a two week thing, and did away with the K-3?

[daboyz 36]

At the time they introduced the K-3, it was taking 5 or more years just to get a spousal I-130 through the USCIS and forwarded on to the NVC. The backlog really was that bad. Fiancee visas were taking 6-8 months or so, but if you were already married, you were in for a five year wait. The bureaucrats decided that the best way to fix the problem wasn't to work on reducing the backlog of spousal visas, but instead to introduce a whole new type of visa as a shortcut, thus doubling the total paperwork.

On the day we applied (see timeline below) the then-current timelines for the backlog said that it would take about 6 months to get an I-129F approved, versus about four years for an I-130. But while our paperwork was in the system, they started working through the I-130 backlog at a fantastic pace, and they also basically stopped processing spousal I-129Fs for several months. We were extremely surprised to have our I-130 approved before the I-129F. And ours was among the first CR-1 cases to be reported through visajourney.

Be careful what you lobby for. Another way of saying "they ought to be held accountable to process K-3's faster than CR-1's" is to say "They ought to be held accountable to slow down on those CR-1s and make sure none of them happen as fast as K-3s".

Wouldn't it be nice if they just made the CR-1 a two week thing, and did away with the K-3?

[Y's_habibitk 2]

At the time they introduced the K-3, it was taking 5 or more years just to get a spousal I-130 through the USCIS and forwarded on to the NVC. The backlog really was that bad. Fiancee visas were taking 6-8 months or so, but if you were already married, you were in for a five year wait. The bureaucrats decided that the best way to fix the problem wasn't to work on reducing the backlog of spousal visas, but instead to introduce a whole new type of visa as a shortcut, thus doubling the total paperwork.

On the day we applied (see timeline below) the then-current timelines for the backlog said that it would take about 6 months to get an I-129F approved, versus about four years for an I-130. But while our paperwork was in the system, they started working through the I-130 backlog at a fantastic pace, and they also basically stopped processing spousal I-129Fs for several months. We were extremely surprised to have our I-130 approved before the I-129F. And ours was among the first CR-1 cases to be reported through visajourney.

Be careful what you lobby for. Another way of saying "they ought to be held accountable to process K-3's faster than CR-1's" is to say "They ought to be held accountable to slow down on those CR-1s and make sure none of them happen as fast as K-3s".

Wouldn't it be nice if they just made the CR-1 a two week thing, and did away with the K-3?

no, thats not what i meant at all but yes, it would be nice if they streamlined the process and visa petitions were processed in the order received and at the same pace.

[Malrothien 6]

At the time they introduced the K-3, it was taking 5 or more years just to get a spousal I-130 through the USCIS and forwarded on to the NVC. The backlog really was that bad. Fiancee visas were taking 6-8 months or so, but if you were already married, you were in for a five year wait. The bureaucrats decided that the best way to fix the problem wasn't to work on reducing the backlog of spousal visas, but instead to introduce a whole new type of visa as a shortcut, thus doubling the total paperwork.

On the day we applied (see timeline below) the then-current timelines for the backlog said that it would take about 6 months to get an I-129F approved, versus about four years for an I-130. But while our paperwork was in the system, they started working through the I-130 backlog at a fantastic pace, and they also basically stopped processing spousal I-129Fs for several months. We were extremely surprised to have our I-130 approved before the I-129F. And ours was among the first CR-1 cases to be reported through visajourney.

Be careful what you lobby for. Another way of saying "they ought to be held accountable to process K-3's faster than CR-1's" is to say "They ought to be held accountable to slow down on those CR-1s and make sure none of them happen as fast as K-3s".

Wouldn't it be nice if they just made the CR-1 a two week thing, and did away with the K-3?

What I hate is instances like my husband and me. We've already been married for 3 years!

[zahrasalem 114]

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1..............those of us who are already married should have priority over people who are only engaged. It's very frustrating and so unfair to sit back and watch when K-1 & K-3s get passed out in no time, and us married couples have to suffer longer.

Sorry, guess I'm just in one of those extra-impatient moods today. The overall process and time it takes for all 3 categories sucks. The whole AP waiting thing after someone has been supposedly "approved" at the interview is rediculous. They should totally complete ALL of their little security/background checks BEFORE they schedule someone's interview, so after the person passes the interview, they can issue the visa right then and there............what is so hard about that??

My husband and I just got married in January and only lived together for 3 months before I came back to the states to file the petition and find a job. Sometimes it feels like each day that passes is being stolen away from us by this whole process. None of us is guaranteed the next second in life, much less the next 6 months. We just want to get his visa already and start our lives together.

I'm starting to feel more and more hopeless that we'll even get an interview date before our 1st anniversary in January, and even if we do, what is the SLIM CHANCE that he will not get put on more AP........probably 0%. I'm sooooooo tired of living through Skype together (even though I am grateful for it).

I really hate that we have to live here only because this process takes so excruciatingly looooooooong (yes, we have to for family reasons) If we didn't have to live here, I would not even think twice about living overseas with him...........this wait and suffering would not be worth it, just to live here. Home is anywhere you can make a life together.

Anyway, I guess that's enough whining for one day.........I'm sure have plenty more as each day passes.

Good luck everyone........

[daboyz 36]

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1..............

Here it comes. The K-1s are licking their chops.

[Malrothien 6]

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1..............those of us who are already married should have priority over people who are only engaged. It's very frustrating and so unfair to sit back and watch when K-1 & K-3s get passed out in no time, and us married couples have to suffer longer.

Sorry, guess I'm just in one of those extra-impatient moods today. The overall process and time it takes for all 3 categories sucks. The whole AP waiting thing after someone has been supposedly "approved" at the interview is rediculous. They should totally complete ALL of their little security/background checks BEFORE they schedule someone's interview, so after the person passes the interview, they can issue the visa right then and there............what is so hard about that??

My husband and I just got married in January and only lived together for 3 months before I came back to the states to file the petition and find a job. Sometimes it feels like each day that passes is being stolen away from us by this whole process. None of us is guaranteed the next second in life, much less the next 6 months. We just want to get his visa already and start our lives together.

I'm starting to feel more and more hopeless that we'll even get an interview date before our 1st anniversary in January, and even if we do, what is the SLIM CHANCE that he will not get put on more AP........probably 0%. I'm sooooooo tired of living through Skype together (even though I am grateful for it).

I really hate that we have to live here only because this process takes so excruciatingly looooooooong (yes, we have to for family reasons) If we didn't have to live here, I would not even think twice about living overseas with him...........this wait and suffering would not be worth it, just to live here. Home is anywhere you can make a life together.

Anyway, I guess that's enough whining for one day.........I'm sure have plenty more as each day passes.

Good luck everyone........

Here's to some luck for ya. I can't imagine what you're going through.

[zahrasalem 114]

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1..............those of us who are already married should have priority over people who are only engaged. It's very frustrating and so unfair to sit back and watch when K-1 & K-3s get passed out in no time, and us married couples have to suffer longer.

Sorry, guess I'm just in one of those extra-impatient moods today. The overall process and time it takes for all 3 categories sucks. The whole AP waiting thing after someone has been supposedly "approved" at the interview is rediculous. They should totally complete ALL of their little security/background checks BEFORE they schedule someone's interview, so after the person passes the interview, they can issue the visa right then and there............what is so hard about that??

My husband and I just got married in January and only lived together for 3 months before I came back to the states to file the petition and find a job. Sometimes it feels like each day that passes is being stolen away from us by this whole process. None of us is guaranteed the next second in life, much less the next 6 months. We just want to get his visa already and start our lives together.

I'm starting to feel more and more hopeless that we'll even get an interview date before our 1st anniversary in January, and even if we do, what is the SLIM CHANCE that he will not get put on more AP........probably 0%. I'm sooooooo tired of living through Skype together (even though I am grateful for it).

I really hate that we have to live here only because this process takes so excruciatingly looooooooong (yes, we have to for family reasons) If we didn't have to live here, I would not even think twice about living overseas with him...........this wait and suffering would not be worth it, just to live here. Home is anywhere you can make a life together.

Anyway, I guess that's enough whining for one day.........I'm sure have plenty more as each day passes.

Good luck everyone........

Here's to some luck for ya. I can't imagine what you're going through.

Thank you, good luck to you, too..............it does help to know that we are all waiting together....

[pushbrk 12,903]

It would be nice if they did something about it...like hold the service centers accountabe to process the LIFE act visas faster than the CR/IR1's

The "faster reunion" is probably still viewed as the quicker processing times AFTER approval. (at NVC)

The point that gets lost in all this is that processing I-129F for spouse has not slowed down. Processing the I-130 has become much faster. The "delays" that prompted the passage of the Life Act, have virtually disappeared. THere's no appreciable timeline difference between approval of an I-130 for a spouse and a fiance's I-129F, so a spouse's I-129F is no longer an advantage. It's just a costly extra step.

[Y's_habibitk 2]

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1..............those of us who are already married should have priority over people who are only engaged. It's very frustrating and so unfair to sit back and watch when K-1 & K-3s get passed out in no time, and us married couples have to suffer longer.

Sorry, guess I'm just in one of those extra-impatient moods today. The overall process and time it takes for all 3 categories sucks. The whole AP waiting thing after someone has been supposedly "approved" at the interview is rediculous. They should totally complete ALL of their little security/background checks BEFORE they schedule someone's interview, so after the person passes the interview, they can issue the visa right then and there............what is so hard about that??

My husband and I just got married in January and only lived together for 3 months before I came back to the states to file the petition and find a job. Sometimes it feels like each day that passes is being stolen away from us by this whole process. None of us is guaranteed the next second in life, much less the next 6 months. We just want to get his visa already and start our lives together.

I'm starting to feel more and more hopeless that we'll even get an interview date before our 1st anniversary in January, and even if we do, what is the SLIM CHANCE that he will not get put on more AP........probably 0%. I'm sooooooo tired of living through Skype together (even though I am grateful for it).

I really hate that we have to live here only because this process takes so excruciatingly looooooooong (yes, we have to for family reasons) If we didn't have to live here, I would not even think twice about living overseas with him...........this wait and suffering would not be worth it, just to live here. Home is anywhere you can make a life together.

Anyway, I guess that's enough whining for one day.........I'm sure have plenty more as each day passes.

Good luck everyone........

K3's ARE spousal visa's btw. It's not a fiance visa. K3 petitioners/applicants are already married.

And K3's dont get passed out in no time... they usually take MUCH longer to be approved at the service center. take a look at my timeline lol

So, you can rant on about k1's, but k3's are in the same classification as CR1's. The couple is already married.

I don't see why a K-1 or a K-3 should go faster than a CR/IR-1..............

Here it comes. The K-1s are licking their chops.

Edited July 16, 2009 by Y's_habibitk