K-3 clarification

[onlyolga 0]

Hello all,

I'd like to ask for some clarification of the true facts. I have read that the K3 is obsolete now and is being replaced with the IR/CR1 visa. I have also read the pinned topic and note from Capt. Ewok regarding that the process is automatically applying for the IR/CR1 visa as well; and depending on which will be quicker would become your choice.

I am unsure of what exactly happens in the second step listed below. If I submit the I-130, receive the NOA....then file the I-129F. After USCIS approves the petitions to NVC. So.... at this point in time USCIS has approved both petitions...now in the first sentence of the second step it states that if both petitions have been approved by USCIS and sent to the NVC....

the availability, as well as the need, for a nonimmigrant K-3 visa ends.

So now my question is this...what exactly happens at this time? Is the K-3 visa no longer available, only the IR/CR1 visa? How do I go about the K-3 visa procedure instead of the IR/CR-1 visa procedure?

The First Step: Filing the Petitions

• <LI sizcache="29" sizset="196">You, the U.S. citizen sponsor, must first file

Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information. <LI sizcache="29" sizset="197">You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa. After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

The Second Step: Applying for a Visa

Important Notice: Effective February 1^st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• <LI sizcache="29" sizset="205">The nonimmigrant K-3 visa case will be administratively closed. <LI sizcache="29" sizset="206">The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the 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 receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse's country of nationality.

[Anh map 2,098]

If you don't submit the I-130 in support of the CR1 visa then the 129F processing of the K3 will occur.

There is a recent post from a VJ member that secured a K3 visa instead of the CR1. You can find their post / rant here >>> http://www.visajourney.com/forums/topic/340071-k3-reality/

[pushbrk 12,968]

If you don't submit the I-130 in support of the CR1 visa then the 129F processing of the K3 will occur.

There is a recent post from a VJ member that secured a K3 visa instead of the CR1. You can find their post / rant here >>> http://www.visajourn...071-k3-reality/

HUH? You cannot submit an I-129F for a spouse without first submitting an I-130 for that spouse. (A lone I-129F for a spouse would be rejected.) We HAVE seem some reports of the approved I-129F arriving at NVC ahead of the I-130 and being sent ahead for a successful K3 process, but NEVER an I-129F for spouse approved without filing an I-130.

[onlyolga 0]

Thank you both for your help. I do appreciate it. I've also seen a recent post at:

http://www.visajourney.com/forums/topic/341194-sanity-check-needed-on-visa-application-for-non-us-spouse/

...seems to me that more claification on the USCIS page is in order

[davidolga 0]

Yes, right! You have to submit I-130 first, to be able to submit I-129F, cause I-129F req to submit a copy of NOA1(Form I-797C).Check Part 8 of The instruction for Form I-129F http://www.uscis.gov/files/form/i-129finstr.pdf

[Adriene H 89]

Thank you both for your help. I do appreciate it. I've also seen a recent post at:

http://www.visajourney.com/forums/topic/341194-sanity-check-needed-on-visa-application-for-non-us-spouse/

...seems to me that more claification on the USCIS page is in order

You are absolutely correct. USCIS really needs to re-write the K-3 information.

[Darnell 8,478]

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/