Change in how NVC handles K-3 petitions.

[dnoblett]

Brought up a couple of times in the forums.

 

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.

 

The above statement by DOS makes sense, the whole reason the "Life-ACT" K-3 was developed was for the Spouse of US citizen to be able to enter the USA and WAIT for I-130 approval, at the time K-3 was developed the I-130 was taking a VERY long time to process through USCIS to approval, and the I-129F for non-immigrant fiance visa was fairly quick, so it was setup so that a spouse waiting for approval of their visa petition can be treated like a fiancee and come to the USA in about the same time as a fiancee.

 

I guess all the extra fees paid to USCIS has actually resulted in some improvement in service, the I-130 no longer is taking years to approve so the K-3 is starting to become a thing of the past.[/url]

[dnoblett]

Got this one in an exchange with a couple that ran into the K-3/K-4 closing only to realize that there will be no CR-2 for step child because they assumed a K-3/K-4 will happen.

 

So if considering K-3/K-4 always make sure an I-130 petition is filed for each of any and all step children, or will fail to get a CR-2, and further delay processing at NVC.

 

RE: wac xxxxxxxx

...

From:

NVC Inquiry <NVCInquiry@state.gov>

...

View Contact

To: John Doe

Dear Sir/Madam:

 

Your inquiry has been received at the National Visa Center (NVC).

 

To ensure a prompt reply on future inquiries, please include only one case per e-mail with the case number in the subject line.

 

The Immigration and Nationality Act only provides for the K3 visa classification for spouses of U.S. citizens who are awaiting approval of an immigrant visa petition or the availability of an immigrant visa. Since your immigrant visa petition has been approved and an immediate relative visa is available, your spouse no longer requires the issuance of a K-3 visa to await adjudication of the immigrant visa petition. Thus, your I-129F visa petition is administratively closed. The National Visa Center will send the I-130 petition to post for processing as soon as it is documentarily complete and scheduled for an immigrant visa interview.

 

 

Case Number: MNLxxxxxxxx

Beneficiary's Name: Jane Doe

Preference Category: K3

Your Priority Date: 15Sep2010

Foreign State Chargeability: PHILIPPINES

EMBASSY OF THE UNITED STATES, VISA UNIT

1201 ROXAS BLVD

MANILA

PHILIPPINES

[Randy W]

The latest word is that I-129F petitions for K-3 visas ARE processed until such time as the I-130 is approved by the USCIS. As per the Immigration and Naturalization Act, the K-3 is available ONLY until that time. It MAY, however, provide insurance against a lengthy I-130 approval process at the USCIS.