I don’t understand if IMPRA is to check to background of US citizen, in order to protect the beneficiary. Before they get married, then why the K3 and K4 have to be affected by this new law. I mean the children and the spouses, they are already a family, it’s not like they don’t know each other.

Unfortunately all K nonimmigrant petitions (as worded in the act) are affected which looks like includes K-3. They didnt recall any petitions for those doing K-3 so thats a positive thing. It doesnt make much sense to me either when those filing for CR-1 seem to be exempt. They are both spousal.

but not all K3 and K4 families have been families for very long. Some have only just met and just got married, much like K1s.

i think someone posted a department of state link that stated k3 are not included in this recall. It should be in that post where gary is keeping track of the recalls.

http://www.visajourney.com/forums/index.ph...ic=13584&st=280

I think the fact that they did not recall K3 and K4 from consulates abroad is a good sign. If all Ks are affected, don't you think that they would have recalled K3 and 4 as well?.

Has anyone heard about the CIS's official stand on K3/K4 with respect to IMBRA? I think they should spare at least the folks that are married for sometime.

aUSC.

But some CR-1s might have just met too.

1/ NBC is now only showing processing petitions with a receipt date of 5 April
2/ NBC appears to have stopped processing petions filed 6 March or later.
3/ The many references to K nonimmigrant petitions & fiance/spouse within the Act.



CR-1's already go through a more rigorous visa process being that it is an immigrant visa.

The Act if you read it also includes in part immigrants and AOS.

DHS has not requested return of K3 or K4 I-129F
petitions.






source:

http://travel.state.gov/visa/laws/telegram...grams_2927.html

We know that shon....that was already said above But that doesnt mean that I-129F spousal petitions are not effected by the IMBRA. All it means is those petitions weren't recalled.

We will all know more as soon as USCIS releases something official.

Does that mean that if your NOA1 date is on or after March 6, 2006, then you might have been affected by IMBRA for K3 visa?

And if your NOA1 date is before March 6, 2006, then you are not affected by IMBRA for K3 visa?

Thanks......

just great.
now the process gets even bloody slower.
this is JUST what i wanted.

Aussie how do you know it is " effected" ? I called DOS they said for example
our AR/AP was not affected. you imply that just because K -3s were not recalled we are all affected by
IMBRA.

Shon yours was filed long before the IMBRA came into effect. Only petitions filed on and after 6 March fall under the Act.


Edited to repost what I posted before.......
1/ NBC is now only showing processing petitions with a receipt date of 5 April
2/ NBC appears to have stopped processing petions filed 6 March or later.
3/ The many references to K nonimmigrant petitions & fiance/spouse within the Act.

As I also said....we will know exactly what is happening once USCIS releases any official information.

So far we know that DHS has not recalled K-3/K-4. But we do not know, whether they are being affected by IMBRA or not. Right now, NBC is processiong K-3 petitions (already married) with a receipt date of March 5, 2006 according to May 22 update.

Even though CR-1 goes for more processing at the NVC, it does not make sense to perform all these rigorous background check only on K-1 while not doing the same for CR-1 and K-3. If a USC's background is a concern to USCIS, then it should not limit to K-1 only. On the other hand, by performing these checks, they are probably giving the K-1 beneficiary a chance to re-think about marriage, if a K-1 USC petitioner really has a violent criminal record. For CR-1 and K-3, they are already married, so would the consular officer notify the beneficiary that the USC petitioner has a violent criminal record and therefore the beneficiary should think about breaking the marriage? It is hard to say what the USCIS is thinking about the whole thing.

In italics are a couple of sections of the IMBRA. As I said in a previous post there is many mentions of 'K nonimmigrant petition/visa throughout the Act' as well as 'fiance & spouse' worded together.

I am color coding to show the reference to the Immigration and Nationality Act .
Section 101(a)(15)(K) of the Immigration and Nationality Act (i) is K-1 (ii) is K-3


(4)(A) The Secretary of Homeland Security shall create a database
for the purpose of tracking multiple visa petitions filed for
fiance´(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K).


DEFINITIONS

(5) K NONIMMIGRANT VISA- The term `K nonimmigrant visa' means a nonimmigrant visa under clause (i) or (ii) of section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)).




(b ) Visa and Adjustment Interviews-

(1) FIANCE(E)S, SPOUSES AND THEIR DERIVATIVES-
During an interview with an applicant for a K nonimmigrant visa, a consular officers shall--
(A) provide information, in the primary language of the visa applicant, on protection orders or criminal convictions collected under subsection (a)(5)(A)(iii);