K-3...what's different?

[robhon]

I have spent the better part of this day trying to research what the K visa is "really" all about. From the LIFE act I get that it was created to allow the legally married spouse of a U.S. Citizen to enter the U.S. under a non-immigrant status (I would read: like a tourist, student or business visa) in order to unite families while the lengthy immigration process takes place. Do I have this right?

 

When I read how long it takes to get other non-immigrant visa applications processed it's in the order of days or weeks. But everyone here on this site, like myself, seems to have been stuck in this system for months and months on end, some past a year.

 

As best I can gather the actual process that's taking place behind the scenes (BCIS, NOA's, NVC, security checks, P3, P4, etc.) is what it was before there was a K-3, all things that have to take place before the visa is issued. How in the world is any of this like a non-immigrant visa???? How could they expect what is virtually the SAME process would somehow be faster??? In fact, have they done anything more than just INCREASE the workload on an already over-taxed system because they now have to also process K visas???

 

Pleeeeease tell me I'm missing something here!

[chinadave2001]

Seems to me that you have it just right. Dave

[owenkrout]

That is the way it looks to me. Looks looks like the K-3 visas are just treated like regular K-1 visas which theoretically are non-immigrant visas, but in fact are treated as immigrant.

[avastar]

Hi Donasho, I think most of what you say is right on, however, a couple comments have me confused. You say that K1 / K3 visa types are finally working as intended. Just because they are half as long as the CR1 or IR1 does not mean they are finally working. Both Bush and Powell wrote memos saying that the process should take a couple to a few months and that a year was far too long. The intent even for the INA is for QUICK reunification of families in the U.S. to await the immigration process.

 

And I could care less if the nonimmigrant K3 provides legal status, I want my wife next to me, then I'll worry about legal status. Finally, the K3 obviously is not trying for a tourist, business, or student visa, but the nonimmigrant status of the K3 should process the same as the other nonimmigrant visas. That is the intent of both the Life Act and now the Immigration and Nationality Act, which are now being subverted by DOS. And the Patriot Act did nothing, but throw in what should be a quick namecheck for all visa applications, hence the 2 week approval of 80% of all visas, most are nonimmigrant visas.

 

Sorry, but I don't believe the current situation was the intent of congress. Someone has messed up somewhere, we just don't know who or where.

[ChinaRose]

Sorry, but I don't believe the current situation was the intent of congress. Someone has messed up somewhere, we just don't know who or where.

I sure agree with you, avastar.

 

[robhon]

The original point I was trying to make is, they are STILL processing K visas like an immigration visa. I read one place (it's on the internet, so who knows) that the intent was to circumvent the whole NVC/DOS process in order to get the family member here quickly. There should be no reason the family can't be together while the NVC/DOS do their thing. But none of that has changed, regardless of whether it's any faster now or not.

 

When I read the whole thing I think the intent is that we should all just have to do a simple interview in GZ, similar to a non-immigrant visa interview, and then do all the other processing while the families are together.

 

And that just ain't happ'nin yet.

[avastar]

Donasho, I'm not trying to fight, but how can you say that the K3 is working as intended, if its taking as long or longer for my wife to get here than it does your fiancee. Neither is working as intended, both are taking way too long. The intention of the K3 was to dramatically increase the reunification process of spouses. And fiancee K1's were supposed to fall in line with the speed of the K3's via the nonimmigrant status also bestowed on them.

 

Robhon you are exactly right in your accessment of what the law says. That's why I say someone, somewhere has messed up. And that's why we have grounds for a law suit that may get the attention we need to get off this merry-go-round.

[robhon]

Absolutely. If you read the intent of the act they're saying it should be little more than a matter of scheduling a simple interview. None of that crap about name checks, NVC, DOS, etc. That should be taking place WHILE the spouse/fiance is in the US! THAT is 100% the intent of the LIFE act, and somewhere along the way someone diverted the implementation.

 

I can practically hear hard-liners (somewhere) saying, "but we have to protect our borders." But if I were a terrorist trying to get into the US, what would I do? I'd get a student visa. Which is what the 9/11 hijackers did!! So, no one is protecting our borders any more by keeping our families separated. Are they worried about false marriages? They don't catch that in a security check. They catch that at an interview. Same as other non-immigrant visa applications.

 

My 5', 105 lb, pregnant wife is NOT a threat to the security of our nation! ...Actually, at 6 months she probably weighs more than 105 now. BUT she's still not a threat!!

 

To whomever in the government is monitoring this forum (and you know they are): Dammit! Let us have our families!! Please!!

 

I'd love to see the statisics of what they actually accomplish in the name checks. I'd love to know that someone is actually analysing their effectiveness.

[Guest R2D2]

Absolutely.  If you read the intent of the act they're saying it should be little more than a matter of scheduling a simple interview.  None of that crap about name checks, NVC, DOS, etc.  That should be taking place WHILE the spouse/fiance is in the US!  THAT is 100% the intent of the LIFE act, and somewhere along the way someone diverted the implementation.

 

I can practically hear hard-liners (somewhere) saying, "but we have to protect our borders."  But if I were a terrorist trying to get into the US, what would I do?  I'd get a student visa.  Which is what the 9/11 hijackers did!!  So, no one is protecting our borders any more by keeping our families separated.  Are they worried about false marriages?  They don't catch that in a security check.  They catch that at an interview.  Same as other non-immigrant visa applications.

 

My 5', 105 lb, pregnant wife is NOT a threat to the security of our nation!  ...Actually, at 6 months she probably weighs more than 105 now.  BUT she's still not a threat!! 

 

To whomever in the government is monitoring this forum (and you know they are):  Dammit!  Let us have our families!!  Please!!

 

I'd love to see the statisics of what they actually accomplish in the name checks.  I'd love to know that someone is actually analysing their effectiveness.

ATTABOY Rob! I was going to add more but bit my tongue.

[Kaige]

In the K-3 where does the I - 130 fall into place, what is it used for, or is it something to put in a picture frame, or is it almost the same as a I- 129, I have both. any answers?

[robhon]

My understanding is, the I-130 still gets processed in order to provide immigrant status. What's goofy is that they do all the same immigrant status work right now in order to process the K-3 visa. K-3 is a non-immigrant visa but you have to jump through all the immigrant visa hoops.

 

Someone tell me if I'm wrong (haven't fully researched this part 'cuz we're not there yet) but after your I-130 goes through then you have to apply for Adjustment of Status (AOS) to become a permanent alien resident, i.e. the green card.

 

Don't you wish we could just fire these guys and find a new company to do the work?

[whoever]

The problem is, the government can't seperate the priority. They should have the visa checked more thoroughly from those "problem" states, than other countries.

 

And, please, how many 5' lovely young ladies, at age of 20-25 hijacking our planes???? It's more of a common sense to see who is the bad guy, and who is not.

 

If the government stop hogging all the troubles, then they won't be so desperate. They will have more resource to deal with the real terrorists.

 

I just fear, that the government doesn't give a shit about what's going on with immigration.

 

Nevertherless, I sense that America is trying to discouraging legal immigrants. On the other hands, more illegal entries have been made.