Change in how NVC and USCIS handles K-3 petitions.

[dnoblett]

Brought up a couple of times in the forums.

 

Most Recently: http://candleforlove.com/forums/index.php?showtopic=41571

 

http://candleforlove.com/forums/index.php?...st&p=541967

 

http://candleforlove.com/forums/index.php?...st&p=545097

 

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/ty...pes_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.

Edited September 28, 2010 by dnoblett
Fix forum link ref (see edit history)