Important notice about k3 visa

[jessarien 0]

Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.

The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

http://travel.state.gov/visa/immigrants/ty...types_2993.html

[Christi and Ian 24]

Wow!

I wonder...will this affect our wait time...'cause the whole POINT was to get him here faster!!

Edited February 6, 2010 by Christi and Ian

[jessarien 0]

Wow!

I wonder...will this affect our wait time...'cause the whole POINT was to get him here faster!!

I guess it will take some work load off of the NVC and IR1 will not take as long at the NVC. K3 is officially obsolete now. I 130 and I 129f are being approved the same day for almost everybody. So all those K3`s will be closed.

[Christi and Ian 24]

I guess it will take some work load off of the NVC and IR1 will not take as long at the NVC. K3 is officially obsolete now. I 130 and I 129f are being approved the same day for almost everybody. So all those K3`s will be closed.

I wonder if the extended wait time begins and ends at the Service Center? It seems to me that it will take longer to order a green card than it does to get handed a visa...

I've emailed my attorney...although the fact that you have made me aware of this before she has doesn't exactly make me feel confident...

Well, at least it saves me $1010 AOS filing fee and $500 for her firm to send them Fed-Ex...right?

Edited February 6, 2010 by Christi and Ian

[jessarien 0]

I wonder if the extended wait time begins and ends at the Service Center? It seems to me that it will take longer to order a green card than it does to get handed a visa...

I've emailed my attorney...although the fact that you have made me aware of this before she has doesn't exactly make me feel confident...

Well, at least it saves me $1010 AOS filing fee and $500 for her firm to send them Fed-Ex...right?

Well, for those of us who didn`t mind the extra spending involved with a k3 , this news ain`t good. As for Attorneys...... the less I say the better hehehehe :-) Don`t wanna get bumped off this forum for the choice of words I have for them.

[dbarker2 1]

Well, I am glad that ours were approved in January then and is already being processed at the consulate. Because as "obsolete" as the K3 visa is it is what we chose to do and I'm glad that we are still able to do it. Hopefully they can speed up the process of the CR-1 for the rest of you who were hoping to get the K3 as well. Good luck to everyone

[Christi and Ian 24]

At the very least, I'm glad that this ends the contract that I signed w/my attorney that included filing I-130, I-129F and I-485...

If she can't keep up w/the most current immigration law, then I really don't see why she deserves the extra $$ for the filing...

However, never one for patience, I don't know HOW I'm going to go much longer w/o hubby - I miss him so much already!!

Perhaps another trip to England over Spring Break is in order...?

[pushbrk 12,898]

I would expect this policy will be changed in a few months. It's implementation would be a travesty. All those cases with children expecting a K4 will be screwed if they didn't file I-130 petitions for the children. Then, there are the few cases where there is no immediate immigrant intent, that fit the K3 visa terms perfectly.

The fact is that in many cases the need for the K3 and K4 visas continues even with an approved I-130. This is just poorly thought through.

[Christi and Ian 24]

Good point.

Unfortunately, the website doesn't give us much information beyond the fact that the K-3 will be "administratively closed" at NVC - starting Feb. 1st...

You'd think they'd continue with the ones that were still in the system and just stop offering K-3 as a choice starting at the Service Centers...

[Christi and Ian 24]

I'm curious if this will end up pushing back the wait time for CR-1...don't see how it can't...

[myra 0]

I'm curious if this will end up pushing back the wait time for CR-1...don't see how it can't...

Hello, I am going through this process now. My I130 was entered into NVC a day before the I129F. I called and spoke to a customer service person in the K3 department and she said they were entering the information in their system and sending it off t the consulate. I asked her what about the I130? She said once I receive any papers from them about the I130 I would call them and let them know I want to go K3. I am not sure if she missed the new rules or since my petitions were not entered into the system the same day it does not apply to me but, there are 3 children involved so I hope what she said was correct. No I did not file I130's for the kids because my lawyer said I didn't have to. Wish I knew then what I know now. If anyone has some more information on this new rule change I would love to hear it.

[jessarien 0]

Hello, I am going through this process now. My I130 was entered into NVC a day before the I129F. I called and spoke to a customer service person in the K3 department and she said they were entering the information in their system and sending it off t the consulate. I asked her what about the I130? She said once I receive any papers from them about the I130 I would call them and let them know I want to go K3. I am not sure if she missed the new rules or since my petitions were not entered into the system the same day it does not apply to me but, there are 3 children involved so I hope what she said was correct. No I did not file I130's for the kids because my lawyer said I didn't have to. Wish I knew then what I know now. If anyone has some more information on this new rule change I would love to hear it.

When was your file received at the NVC, cause according to the website if it was received before 1st Feb the new rule does not apply to you.

[Raphmadu 0]

Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.

The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

http://travel.state.gov/visa/immigrants/ty...types_2993.html

Thanks mate for posting. I wonder why they had to abolish the K3 just like that, they should have posted this on their website like 6months ago. Now even after been delayed for filing an extra I-129F, we will still go through some long stages. Lord have Mercy.

I was thinking I would be with my darling wife sometime in march but it appears not to be so. For those of us who are currently waiting for approvals, where do we start? I mean going with the CR-1. What are the documents we need to get at hand while we wait for the approval of the I-130?

Kindly share pls.

[jessarien 0]

Thanks mate for posting. I wonder why they had to abolish the K3 just like that, they should have posted this on their website like 6months ago. Now even after been delayed for filing an extra I-129F, we will still go through some long stages. Lord have Mercy.

I was thinking I would be with my darling wife sometime in march but it appears not to be so. For those of us who are currently waiting for approvals, where do we start? I mean going with the CR-1. What are the documents we need to get at hand while we wait for the approval of the I-130?

Kindly share pls.

I am gonna start reading the guide and the links for the IR 1 Process(thanks to Melody). Suggest you do the same. Didn`t really pay attention cause I was definitely gonna go the K3 way. :-(

[mrs. wife! 3]

Guys I have a doubt here....

If they approve my 129F first and I don't want to follow K3, they will send it to the Embassy in my country then what? I should call them and tell I want to wait for CR1 or the NVC will ignore my I-130 since the 129F it's already at the Embassy?

For the post above me: I suggest you read these two links here about the CR1 and get familiar with them. If you go CR1 you'll have to pay some fees and send the affidavit and DS230 to the NVC, so start gathering all the documents needed for when you petition hits NVC you are able to process it fast.

NVC stage: http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

CR1: http://www.visajourney.com/forums/index.ph...page=i130guide1

** edit: thee post above me I meant raphmadu

Edited February 6, 2010 by mrs. wife!