With all due respect I read the Feb 2010 update: http://www.visajourn...eived-together/
According to the language the change in policy and procedures regarding the K3 visa does not mention it becoming obsolete so why are people advising others that it is gone forever?
I checked the USCIS website and there is no indication that the K3 option is closing for people for good.
It seems to me USCIS gets to decide if the couple will get the CR-1/IR-1 or K3 route still.
"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. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey."
In our K3 case USCIS received our I-130 & I-129F nearly a month apart and approved them six months later at the same time. However, they sent our I-129F to the NVC & stated in the letter to me that they would send our I-130 to the NVC only upon receiving a letter of request from me (USC). This was after the change in procedures & filing fees across the board in July 2007.
I read on the USCIS website their meeting minutes with the American Immigration Lawyer Association (AILA) liaison minutes in April 2008 shortly after the changes in 2007 in regards to the K3 and it seems they were just working on the language for efficiency.
Increasing K-3 Processing Efficiency
AILA respectfully requests USCIS to review and revise K-3 processing procedures to permanently permit concurrent filing of the I-130 and I-129F petitions and to permit a beneficiary to move forward with a K-3 visa application in those cases where the I-130 petition is approved prior to adjudication of the I-129F petition. Please see the attached Addendum I to this agenda for AILA's recommendations on this issue.
Response: USCIS appreciates AILA's recommendations regarding these K-3 issues and will take them into account as we review current policies and procedures.
K-3 Efficiency Issues
When Congress enacted the LIFE Act it stated that that the K-3 visa should be a "speedy mechanism for spouses and minor children of U.S. citizens to obtain their immigrant visas in the U.S. rather than wait for long periods of time outside the U.S."16 AILA seeks to explore processing options that will give full effect to Congressional intent under the LIFE Act. Past experience indicates that a process permitting concurrent filing of I-129F/I-130 petitions, togethwith a policy encouraging the petitioner to determine whether the beneficiary will apply for a K-3 or immigrant visa at the U.S. consulate, will lead to the greatest efficiency in the K-3 program.
The statute requires the petitioner to file an immigrant visa petition on behalf of the foreign spouse, but it does not require issuance of a receipt notice prior to filing the K-3 petition with the Service. The statute provides that the foreign spouse must have:
"concluded a valid marriage with a citizen of the United States who is the petitioner, is the beneficiary of a petition to accord a status under section 201(b)(2)(A)(i) that was filed under section 204 by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or `(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien"17
Petitioners should not have to wait for the I-130 receipt notice to file the I-129F. Neither the statute nor the regulations clearly require this sequential processing of petitions. The Service's regulations provide that to be classified as a K-3 spouse the alien spouse must be the beneficiary of an immigrant visa petition filed by a U.S. citizen on Form I-130, Petition for Alien Relative, and the beneficiary of an approved petition for K-3 nonimmigrant visa filed on Form I-129F. The I-129F form currently provides that petitioners must await a receipt for the I-130 petition prior to filing the I-129F petition.18
AILA understands that the Service has recently been accepting concurrently filed I-129F and I-130 petitions.19 AILA supports this approach. However, our members report mixed experiences. Some members who have attempted concurrent filings have received rejection notices. In other cases, members reported that the Service administratively closed the I-129F where the Service adjudicated the I-130 filed by the same U.S. Citizen ahead of the I-129F. In then end, a petitioner who expected his or her spouse to receive a K-3 visa discovered that the sequential process led inevitably to an immigrant visa, which often takes more time than a K-3 visa to obtain at a U.S. Consulate abroad.
I cross references with the AILA's website for information on if the K3 visa was closing for good and there is no mention of this happening.
Does anybody have any source information that this visa is becoming obsolete for good and that this isn't just a language update on their policy and procedures since the changes in 2007?
Edited because I don't know why the top portion of my post is in bold. I kept trying to edit it to normal but it wouldn't un-bold.
Edited by Cleocatra, 27 April 2010 - 08:22 AM.