Visa Received, But Not What We Expected... Please Help!

[a2784]

 

 

I did not say that K3 visas were not available. I said I was told by my Immigration Lawyer they were not issuing full 2 year validity dates anymore based on recent cases they had handled. They said they felt the DOS was trying to force people to go ahead and interview for the CR-1 instead of using the K3 (we have seen that basically the K3/CR1 are approved together in the past 6 months or so).

 

I was just trying to provide a "heads up" to others on here as an issue they may want to check out based on recent K3 actions when they consider K3/CR-1 or in the particular case to not "assume" they will get a 2-year stay when entering the USA. If if they get the 2-year stay if the K3 visa is not valid after 6 months they either have to stay in the USA or get an extension for the K3 visa. A 6-month validity is not nearly as useful as 2-yr valid visa allowing multiple entries.

 

I know of one recent K3 visa where the valid period was 6 months and the person had more than 5 years left on their passport. I know of other K3 visas that were also only good for 6 months but I do not know how long was left on their passport.

 

This is what John Roth said on his website (not my lawyer):

 

The Guangzhou Consulate considers the K-3 a visa type that has lost its usefulness due to changes in processing times of I-130 petitions (which have gotten substantially shorter since the K-3 law was passed) and the processing times for K-3 visas (which are much longer than was originally contemplated by the drafters of the K-3 visa law). The two processing times have virtually collided and the K-3 saves at most two months time now, while adding substantially to the administrative burden of the overseas consulates. She¡¯s largely right on that score. The game is scarcely worth the candle now that I-130 cases are taking less and less time and K-3 times remain stagnant. This disparity will get even less as petitioners opt for electronic processing of the I-130, the Unit Chief points out. Further, she reports that there¡¯s an effort underway to change DHS policy so that K-3 petitions cannot proceed from the NVC to the consulate/embassy until the I-130 has also arrived at the NVC and has finished processing. This change, if implemented, this will further diminish the usefulness of the K-3 petition.

 

http://www.arctec.com/blog/

 

You're using a lot of breath here to "not say" something.

Update from the DOS on 02.01.2010:

 

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.

 

 

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

[yangxifu]

Hey, just wanted to post a quick update to the original post. We entered the U.S. about a week ago using my husband's K-3 visa (Issue date: xxx 2010; Expiration date: xxx 2010-- aka 6 month validity). When we entered the U.S. my husband's I-94 form was secured into his passport and stamped with a new xxx 2012 expiration date-- aka 2 year validity!

 

In conclusion, it appears that the "enter by" date for the K-3 might be shorter than originally issued, but the actual validity of the visa, as far as duration of stay, continues to be 2 years.

 

Hope this helps the next generation of K-3 petitioners.

[a2784]

Hey, just wanted to post a quick update to the original post. We entered the U.S. about a week ago using my husband's K-3 visa (Issue date: xxx 2010; Expiration date: xxx 2010-- aka 6 month validity). When we entered the U.S. my husband's I-94 form was secured into his passport and stamped with a new xxx 2012 expiration date-- aka 2 year validity!

 

In conclusion, it appears that the "enter by" date for the K-3 might be shorter than originally issued, but the actual validity of the visa, as far as duration of stay, continues to be 2 years.

 

Hope this helps the next generation of K-3 petitioners.

Yes he can stay in the US for up to 2 years. The problem with the shorter validity of the K3 is that if he leaves the US he has to give up the I-94 and then will need a valid visa to re-enter the US.

 

So its useful ness for someone on a foreign assignment who wants to have it so their spouse can travel back and forth from the USA is limited.

[Randy W]

Hey, just wanted to post a quick update to the original post. We entered the U.S. about a week ago using my husband's K-3 visa (Issue date: xxx 2010; Expiration date: xxx 2010-- aka 6 month validity). When we entered the U.S. my husband's I-94 form was secured into his passport and stamped with a new xxx 2012 expiration date-- aka 2 year validity!

 

In conclusion, it appears that the "enter by" date for the K-3 might be shorter than originally issued, but the actual validity of the visa, as far as duration of stay, continues to be 2 years.

 

Hope this helps the next generation of K-3 petitioners.

Yes he can stay in the US for up to 2 years. The problem with the shorter validity of the K3 is that if he leaves the US he has to give up the I-94 and then will need a valid visa to re-enter the US.

 

So its useful ness for someone on a foreign assignment who wants to have it so their spouse can travel back and forth from the USA is limited.

 

 

Except that they get a new I-94 every time they enter - we've even heard of it being extended by another 2 years.

[a2784]

Hey, just wanted to post a quick update to the original post. We entered the U.S. about a week ago using my husband's K-3 visa (Issue date: xxx 2010; Expiration date: xxx 2010-- aka 6 month validity). When we entered the U.S. my husband's I-94 form was secured into his passport and stamped with a new xxx 2012 expiration date-- aka 2 year validity!

 

In conclusion, it appears that the "enter by" date for the K-3 might be shorter than originally issued, but the actual validity of the visa, as far as duration of stay, continues to be 2 years.

 

Hope this helps the next generation of K-3 petitioners.

Yes he can stay in the US for up to 2 years. The problem with the shorter validity of the K3 is that if he leaves the US he has to give up the I-94 and then will need a valid visa to re-enter the US.

 

So its useful ness for someone on a foreign assignment who wants to have it so their spouse can travel back and forth from the USA is limited.

 

 

Except that they get a new I-94 every time they enter - we've even heard of it being extended by another 2 years.

Right ... but once the visa itself is expired how does one reenter the USA on this visa?

[Randy W]

Right ... but once the visa itself is expired how does one reenter the USA on this visa?

 

It would appear that the 6 month expiration is a mistake by the consulate. You are supposed to review the visa upon receipt and have any errors corrected - perhaps this can be corrected at an InfoPass appt also.

 

That still leaves open the question of what to do if you are caught overseas with a K-3 that has expired on the original "enter-by" date. This might be a good question to settle before you leave. Worst case, an AP would do the trick. So why not apply for that automatically with your AOS just like K-1's do? (if you have a 6 month expiration on your K-3, that is)

Edited February 13, 2010 by Randy W (see edit history)

[a2784]

Right ... but once the visa itself is expired how does one reenter the USA on this visa?

 

It would appear that the 6 month expiration is a mistake by the consulate. You are supposed to review the visa upon receipt and have any errors corrected - perhaps this can be corrected at an InfoPass appt also.

 

That still leaves open the question of what to do if you are caught overseas with a K-3 that has expired on the original "enter-by" date. This might be a good question to settle before you leave. Worst case, an AP would do the trick. So why not apply for that automatically with your AOS just like K-1's do? (if you have a 6 month expiration on your K-3, that is)

It is not a mistake. The consulate is issuing 3-6 month validity with K3 visas now and the NVC will close a K3 visa adminstratively if they receive both the approved I-129F and I-130 at the same time.

 

While a K-3 visa is still available and no law has been passed to eliminate them they are "going around the law" and eliminating them as best they can.

 

Sure you can apply for AP but that means the K3 visa is no longer a true 2-year multiple entry visa. This was one of the main benefits of a K3 visa (as the inital reason - long I-130 processing - has been significantly reduced). One should realize before applying for a K3 visa that it may not be anything more than a multi entry 6 month visa.

[Stepbrow]

Right ... but once the visa itself is expired how does one reenter the USA on this visa?

 

It would appear that the 6 month expiration is a mistake by the consulate. You are supposed to review the visa upon receipt and have any errors corrected - perhaps this can be corrected at an InfoPass appt also.

 

That still leaves open the question of what to do if you are caught overseas with a K-3 that has expired on the original "enter-by" date. This might be a good question to settle before you leave. Worst case, an AP would do the trick. So why not apply for that automatically with your AOS just like K-1's do? (if you have a 6 month expiration on your K-3, that is)

It is not a mistake. The consulate is issuing 3-6 month validity with K3 visas now and the NVC will close a K3 visa adminstratively if they receive both the approved I-129F and I-130 at the same time.

 

While a K-3 visa is still available and no law has been passed to eliminate them they are "going around the law" and eliminating them as best they can.

 

Sure you can apply for AP but that means the K3 visa is no longer a true 2-year multiple entry visa. This was one of the main benefits of a K3 visa (as the inital reason - long I-130 processing - has been significantly reduced). One should realize before applying for a K3 visa that it may not be anything more than a multi entry 6 month visa.

 

I just checked the USCIS website on the K-3, and it is still a 2 year visa. I am just curious about you source of information. Are you sure it is correct? Here is the link to the page: http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

 

Sure is a long link. Hope it works.

[a2784]

Right ... but once the visa itself is expired how does one reenter the USA on this visa?

 

It would appear that the 6 month expiration is a mistake by the consulate. You are supposed to review the visa upon receipt and have any errors corrected - perhaps this can be corrected at an InfoPass appt also.

 

That still leaves open the question of what to do if you are caught overseas with a K-3 that has expired on the original "enter-by" date. This might be a good question to settle before you leave. Worst case, an AP would do the trick. So why not apply for that automatically with your AOS just like K-1's do? (if you have a 6 month expiration on your K-3, that is)

It is not a mistake. The consulate is issuing 3-6 month validity with K3 visas now and the NVC will close a K3 visa adminstratively if they receive both the approved I-129F and I-130 at the same time.

 

While a K-3 visa is still available and no law has been passed to eliminate them they are "going around the law" and eliminating them as best they can.

 

Sure you can apply for AP but that means the K3 visa is no longer a true 2-year multiple entry visa. This was one of the main benefits of a K3 visa (as the inital reason - long I-130 processing - has been significantly reduced). One should realize before applying for a K3 visa that it may not be anything more than a multi entry 6 month visa.

 

I just checked the USCIS website on the K-3, and it is still a 2 year visa. I am just curious about you source of information. Are you sure it is correct? Here is the link to the page: http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

 

Sure is a long link. Hope it works.

I posted a link earlier in this topic about the closing of K3 visa when both I-129F and I-130 are approved and sent to NVC togfether.

 

As far as the validity being 2 years or not there is not a link that states they are not giving 2 year K3 visas anymore. However at my interview one person got a K3 visa and it was for 6 months. I know of three others besides the OP who also got 6 months visas.

 

Would it be unusual for the govt to deviate from it posted guidelines/rules? Besides the DOS issues the actual visa and decides the validity period. I am only reporting what I have seen and heard. I also was told that GUZ was not issuing the 2 year validity for K3 visas by my immigration lawyer.

[Guest Pommey]

Interesting,I agree they are trying to eliminate K-3

[Stepbrow]

Right ... but once the visa itself is expired how does one reenter the USA on this visa?

 

It would appear that the 6 month expiration is a mistake by the consulate. You are supposed to review the visa upon receipt and have any errors corrected - perhaps this can be corrected at an InfoPass appt also.

 

That still leaves open the question of what to do if you are caught overseas with a K-3 that has expired on the original "enter-by" date. This might be a good question to settle before you leave. Worst case, an AP would do the trick. So why not apply for that automatically with your AOS just like K-1's do? (if you have a 6 month expiration on your K-3, that is)

It is not a mistake. The consulate is issuing 3-6 month validity with K3 visas now and the NVC will close a K3 visa adminstratively if they receive both the approved I-129F and I-130 at the same time.

 

While a K-3 visa is still available and no law has been passed to eliminate them they are "going around the law" and eliminating them as best they can.

 

Sure you can apply for AP but that means the K3 visa is no longer a true 2-year multiple entry visa. This was one of the main benefits of a K3 visa (as the inital reason - long I-130 processing - has been significantly reduced). One should realize before applying for a K3 visa that it may not be anything more than a multi entry 6 month visa.

 

I just checked the USCIS website on the K-3, and it is still a 2 year visa. I am just curious about you source of information. Are you sure it is correct? Here is the link to the page: http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

 

Sure is a long link. Hope it works.

I posted a link earlier in this topic about the closing of K3 visa when both I-129F and I-130 are approved and sent to NVC togfether.

 

As far as the validity being 2 years or not there is not a link that states they are not giving 2 year K3 visas anymore. However at my interview one person got a K3 visa and it was for 6 months. I know of three others besides the OP who also got 6 months visas.

 

Would it be unusual for the govt to deviate from it posted guidelines/rules? Besides the DOS issues the actual visa and decides the validity period. I am only reporting what I have seen and heard. I also was told that GUZ was not issuing the 2 year validity for K3 visas by my immigration lawyer.

 

OK, thanks for the update. I did see the webpage about closing the K3 when the I-130 is approved at the same time.

 

I would not be surprised, and yes I think it quite possible that GZ would deviate from guidelines/rules.

[bluesun]

 

 

I did not say that K3 visas were not available. I said I was told by my Immigration Lawyer they were not issuing full 2 year validity dates anymore based on recent cases they had handled. They said they felt the DOS was trying to force people to go ahead and interview for the CR-1 instead of using the K3 (we have seen that basically the K3/CR1 are approved together in the past 6 months or so).

 

I was just trying to provide a "heads up" to others on here as an issue they may want to check out based on recent K3 actions when they consider K3/CR-1 or in the particular case to not "assume" they will get a 2-year stay when entering the USA. If if they get the 2-year stay if the K3 visa is not valid after 6 months they either have to stay in the USA or get an extension for the K3 visa. A 6-month validity is not nearly as useful as 2-yr valid visa allowing multiple entries.

 

I know of one recent K3 visa where the valid period was 6 months and the person had more than 5 years left on their passport. I know of other K3 visas that were also only good for 6 months but I do not know how long was left on their passport.

 

This is what John Roth said on his website (not my lawyer):

 

The Guangzhou Consulate considers the K-3 a visa type that has lost its usefulness due to changes in processing times of I-130 petitions (which have gotten substantially shorter since the K-3 law was passed) and the processing times for K-3 visas (which are much longer than was originally contemplated by the drafters of the K-3 visa law). The two processing times have virtually collided and the K-3 saves at most two months time now, while adding substantially to the administrative burden of the overseas consulates. She¡¯s largely right on that score. The game is scarcely worth the candle now that I-130 cases are taking less and less time and K-3 times remain stagnant. This disparity will get even less as petitioners opt for electronic processing of the I-130, the Unit Chief points out. Further, she reports that there¡¯s an effort underway to change DHS policy so that K-3 petitions cannot proceed from the NVC to the consulate/embassy until the I-130 has also arrived at the NVC and has finished processing. This change, if implemented, this will further diminish the usefulness of the K-3 petition.

 

http://www.arctec.com/blog/

 

You're using a lot of breath here to "not say" something.

Update from the DOS on 02.01.2010:

 

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.

 

 

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4