The future of K3 and CR1

[david_dawei]

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),

Petition for Alien Fiancee

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

 

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancee), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

 

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

 

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

 

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

 

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly, USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending applications and petitions:

• Calling the National Customer Service Call Center at 1-800-375-5283

• Using the USCIS web-based Case Status Online located at www.uscis.gov

-USCIS-

Edited November 22, 2006 by DavidZixuan (see edit history)

[david_dawei]

The alignment strategy seems all good and well... On the surface, some synergy or efficiency should occur...

 

but here are some issues of concern:

 

USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary¡¯s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process.

 

So, NVC will NOT Forward the approved I-130, unless it is clearly indicated by the petitioner to do so, on the form... It's not clear where on the form this is made since no specific question exists for this.

 

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad.

 

This is true.. but they don't want the historical 'horse race' to play out.. unless you make it clear...

 

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

 

Later elect? Why? I suspect they are only thinking of cases where a person goes back to their country for a second interview..

 

But, if the K3 falls into a black hole... now you have to ask the I-130 to be sent along as well.... and wait out that process to do so.

 

Basically, they want to stop the two-way horse race and make you decide on one at the beginning or know for sure to clearly mark everything for a two-way horse race..