Why are people advising others that the K3 is obsolete?

[pushbrk 12,105]

Unless the option to file 129F(K3) is totally withdrawn by USCIS, there is nothing to say for sure that NVC will not change it's policies about K3 visa in future. The way the K3 was processed has changed quite a number of times in the past at NVC so I am not going to be suprised if NVC changes it policy about the Feb 1st notice about not processing K3 if it receives an approved I-130 concurrently.

In the above OP(Brian Sloan's) case he has nothing to lose if NVC closes his I-129F. He still has the I-130 option. As long as he immediately filed for his I-129F on receiving his I-130NOA1 , he has not really lost anything just because he has filed his I-129F. It is not like they are saying they are going to stop processing his CR1 just because he filed his I-129F.

USCIS changed how they processed I-129F petition for spouse in late 2006 and again in early 2007 but I'm unaware of any prior procedure changes for I-129F for spouse by NVC. To what NVC procedure changes do you refer?

[Likna 0]

This is the official info from their site:

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.

so, the K3 visa IS NOT OBSOLETE!!!

[daboyz 36]

This is the official info from their site:

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.

so, the K3 visa IS NOT OBSOLETE!!!

Hey!! The I-129F and I-130 have been going to NVC at the same time for 2 years or more. K-3 is finished.

[Likna 0]

ok, if it is at the same time already for 2 years as you say, and K3 is finished, why in this case people would get NOA2 for I-129F?

Look at the post from May 27 where it is clearly stated that someone got NOA2 for I-129, and the K3 (!!!!!!) visae was approved later

9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

[pushbrk 12,105]

ok, if it is at the same time already for 2 years as you say, and K3 is finished, why in this case people would get NOA2 for I-129F?

Look at the post from May 27 where it is clearly stated that someone got NOA2 for I-129, and the K3 (!!!!!!) visae was approved later

9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

NOA2 (approval notices) come from USCIS, part of Dept. of Homeland Security. NVC is part of the State Dept. NVC can't administratively close any I-129F petitions until AFTER they are approved and forwarded to them. It is BECAUSE an approved I-129F for spouse will no longer get processed through NVC and onward to a US Consulate abroad, that there will be no K3 visa. An approved petition is not a visa. NVC....ONLY...sees approved petitions.

[daboyz 36]

ok, if it is at the same time already for 2 years as you say, and K3 is finished, why in this case people would get NOA2 for I-129F?

Look at the post from May 27 where it is clearly stated that someone got NOA2 for I-129, and the K3 (!!!!!!) visae was approved later

9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

They started the policy 2/01/2010

[Darnell 8,478]

ok, if it is at the same time already for 2 years as you say, and K3 is finished, why in this case people would get NOA2 for I-129F?

Look at the post from May 27 where it is clearly stated that someone got NOA2 for I-129, and the K3 (!!!!!!) visae was approved later

9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

Oh - that's an easy one - USCIS to NVC 'travelling' happened prior to 1 FEB 2010.

[daboyz 36]

VJ should close the K3 thread.

[TheSahlis 10]

Ok i hope someone can help me. I was married on May 15th to an Australian. In Australia. She still lives there and I live in the states. She wants to come here and I want her here as fast as possible. She has 2 children daughter 17 and son 15. daughter will be staying in Australia while son will be coming with her. we had been planning on going the K3/K4 route as we started planning all this 2 years ago. from what I'm now reading in this thread I should not apply for K3/K4 but follow the IR/CR track insted...is this correct. we have no worry about the extra money for change of status or going through the SSN/ right to work process. But I want to get her here with me as soon as passable with out unneeded delays. All the sites I look at still talk about a K3 but then I see this info that it is dead or obsolete or what ever. I would like to just get advice on how I should proceed.

2nd question though off topic, do I fill out an I-130 for both her and her son?

[pushbrk 12,105]

Ok i hope someone can help me. I was married on May 15th to an Australian. In Australia. She still lives there and I live in the states. She wants to come here and I want her here as fast as possible. She has 2 children daughter 17 and son 15. daughter will be staying in Australia while son will be coming with her. we had been planning on going the K3/K4 route as we started planning all this 2 years ago. from what I'm now reading in this thread I should not apply for K3/K4 but follow the IR/CR track insted...is this correct. we have no worry about the extra money for change of status or going through the SSN/ right to work process. But I want to get her here with me as soon as passable with out unneeded delays. All the sites I look at still talk about a K3 but then I see this info that it is dead or obsolete or what ever. I would like to just get advice on how I should proceed.

2nd question though off topic, do I fill out an I-130 for both her and her son?

For spouse and step children, one I-130 for each intending immigrant. K3/K4 is no longer a viable option. You'll read hundreds of references to it on various sites including USCIS's site. You only need to read one notice on the Dept. of State site to understand K3 and K4 or no longer viable. They haven't saved more than a few weeks time at best, for over three years anyway, regardless of anything you read indicating otherwise.

[TheSahlis 10]

For spouse and step children, one I-130 for each intending immigrant. K3/K4 is no longer a viable option. You'll read hundreds of references to it on various sites including USCIS's site. You only need to read one notice on the Dept. of State site to understand K3 and K4 or no longer viable. They haven't saved more than a few weeks time at best, for over three years anyway, regardless of anything you read indicating otherwise.

Thank you so much for the prompt reply

[Darnell 8,478]

Ok i hope someone can help me. I was married on May 15th to an Australian. In Australia. She still lives there and I live in the states. She wants to come here and I want her here as fast as possible. She has 2 children daughter 17 and son 15. daughter will be staying in Australia while son will be coming with her. we had been planning on going the K3/K4 route as we started planning all this 2 years ago. from what I'm now reading in this thread I should not apply for K3/K4 but follow the IR/CR track insted...is this correct. we have no worry about the extra money for change of status or going through the SSN/ right to work process. But I want to get her here with me as soon as passable with out unneeded delays. All the sites I look at still talk about a K3 but then I see this info that it is dead or obsolete or what ever. I would like to just get advice on how I should proceed.

2nd question though off topic, do I fill out an I-130 for both her and her son?

Yup - 2 I-130s. IMO, will go fast, if you can wrangle the NVC processing after the I-130 approval.