Hi All,
I am mostly engaging in a thought exercise here, and probably won't file a supplemental I-129f for my wife given the adjustment of status downside, however I did some digging and think the K-3 might actually be viable again.
I saw this law firm’s YouTube video about the K-3 visa here: https://youtu.be/pNdJV1GvfZc?t=46 (linked the exact part in question)
In the video, they mentioned that the K-3 visa is functionally dead because of doctrine of administrative closure.
Meaning that if the I-130 and the I-129F were to reach the NVC at around the same time, the I-129F would be closed by USCIS.
And until very recently the I-129f was 12+ months, and even the K-1 visa was looking dead since a CR-1 took the same time AND you got a green card in half the time of a k-1 at lower cost.
However, looking at the data from <deleted> it looks like USCIS has really started accelerating the speed of how fast an I-129F is processed in the past couple months.
The website is forecasting a newly filed I-129F will take 6 months to process.
I-129Fs from August and September are being processed, and USCIS now processes more I-129F per day than they receive (again according to track my visa).
However, it looks like the I-130 is still take 12 months and is not speeding up like the I-129F based off of <DELETED> from the same site.
So assuming I file an I-130 followed by an I-129F this week. And assuming the 6 month forecast for I-129F, and the 12 month forecast for I-130 is correct. (and assuming USCIS doesn't just ignore my I-129F)
USCIS would then review and approve my I-129F a full 6 months before the I-130.
Unless the NVC considers a 6 months difference functionally similar timing then, I don’t believe they’ll be able to follow the doctrine of administrative closure.
Did the K3 visa suddenly become viable? Or am I missing something? 🤔
Thanks!
