new k3 immigration policy

[Faisal khan 1]

Soon we will apply for k3 visa, i talked to USCIS they said by Feb 2nd new immigration policy is going to implement according to that now cases will get process not more then 5 months.

Does anybody know about this new policy rules whats bad or good points ????

Is it easy or making difficult k3 processing in new rules ?

[Luckywife2007 6]

Hopefully it is just as you said,,,now cases will get processed not more then 5 months. :dance: :dance:

Regarding the K3, from several posts that are here on VJ, this has been administratively closed as of last February.....

Depending on your situation and I am assuming that you are married (hence the K-3)you would pursue the CR1/IR1 visa.

Good Luck!

Edited January 7, 2011 by Luckywife2007

[Penguin_ie 5,993]

K3 is dead, who exactly told you this?

5 months is their guideline already, but it can take longer.

[YuAndDan 153]

Forget the K-3.. NVC has had a policy in place since Feb last year to close I-129F petitions when they receive I-129F+I-130 together from USCIS, and USCIS has been tying I-129F to I-130 and approving then together and sending together to NVC for more than a year now.

How will the Department of State process my K-3 visa petition?

Important Notice: 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.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

Over the past year or so USCIS has been tying the two petitions together and approving them at the same time, and sending both to NVC at the same time.

[Luckywife2007 6]

K3 is dead, who exactly told you this?

5 months is their guideline already, but it can take longer.

Is it NOT dead? Several posts here on VJ advise AGAINST even bothering with this particular visa.... what do you know?

I don't want to offer bad information to those here on VJ that are seeking advice... they can get that enough through USCIS...

[YuAndDan 153]

Is it NOT dead? Several posts here on VJ advise AGAINST even bothering with this particular visa.... what do you know?

I don't want to offer bad information to those here on VJ that are seeking advice... they can get that enough through USCIS...

It's not dead, however the way USCIS and NVC have been handling the petitions, it is for the most part a white elephant.

Unless something major holds up the I-130 process like something stuck in name check, USCIS will send together to NVC, where NVC will close the K-3 and move on with CR-1..

[pushbrk 12,898]

It's not dead, however the way USCIS and NVC have been handling the petitions, it is for the most part a white elephant.

Unless something major holds up the I-130 process like something stuck in name check, USCIS will send together to NVC, where NVC will close the K-3 and move on with CR-1..

We use the term "dead" so people will pay attention. K3 is no longer available as a viable visa option for the spouse of a US Citizen. Attempting to obtain one, is likely to slow down the process of obtaining a spouse visa that IS available.

[Darnell 8,478]

My 'base' o reading (you read it to, la)

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

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but - Faisal - if you THINK you have new info from the USCIS and DoS - I am happy to VETTE it for you - please provide an URL for YOUR source, so that I may review it. TIA !

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for USCIS 'new policy' to be '5 months for approval' - that's only just for approval for an I-130 and any subsequent I-129F that you file in the hopes of getting a K-3 visa.

Sadly, NVC will administratively close the approved I-129F when it comes into THEIR offices, as the approved I-130 will be travelling WITH the approved I-129F. NVC/DoS states 'is no need for the I-129F/K-3 any longer' when there is already an approved I-130 at NVC for DoS intake processing in the USA.

---

Whew!

---

So - just because this new '5 month window' goal thingie is coming up on 2nd o February, 2011, how the heck will it affect NVC tossing the approved I-129F petition? You don't know, and neither do I - but I'm assuming (rightly or wrongly) that NVC will not change it's position at all, and keep administratively closing the I-129Fs as they travel together with an approved I-130.

YUK !

Edited January 7, 2011 by Darnell

[YuAndDan 153]

Also keeping all this in mind, if there are any children immigrating "K-4", make sure you file I-130's for the step children, or you will run into a problem when petitions reach NVC.

K-3 had a automatic derivative K-4 for step children, CR-1 does not and requires additional petitions filed fro the step-child CR-2 visa. In K-3 cases, the Child's I-130 could be deferred and simply attached to the step-child's Adjustment of status application.

[Penguin_ie 5,993]

Is it NOT dead? Several posts here on VJ advise AGAINST even bothering with this particular visa.... what do you know?

I don't want to offer bad information to those here on VJ that are seeking advice... they can get that enough through USCIS...

Sorry, bad wording on my part. Yes, the K3 is dead- I wanted to know who told the OP about K3s, and about them taking 5 months for approval.

[Darnell 8,478]

this is an oxymoronic label, yes?

'K3 Immigration Policy'

as

The K-3 visa is not to be used for Immigration Purposes, at all, right?

Or Am I Missing Something exceptionally basic?

[YuAndDan 153]

this is an oxymoronic label, yes?

'K3 Immigration Policy'

as

The K-3 visa is not to be used for Immigration Purposes, at all, right?

Or Am I Missing Something exceptionally basic?

Yep, K-3 is a NON-IMMIGRANT visa, it's function is to re-unite a couple waiting for I-130 approval, it is not for immigrations. Once I-130 is approved, THEN the couple had two options, apply for a Spousal CR-1 Immigrant visa, via NVC processing and interview in home country, OR adjust status.

[Darnell 8,478]

Soon we will apply for k3 visa,

How?

[YuAndDan 153]

Soon we will apply for k3 visa,

How?

They can always file the I-130, wait for NOA-1 then file the I-129F as per the procedure for a K-3, there is nothing stopping someone from "applying", it's what USCIS, and then NVC does with the petitions after filing that matters.

[Faisal khan 1]

We are going to get marry next week then she will apply for my immigration.