K-3 Visa I-129F petition transfer policy change

[ding 1]

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),

Petition for Alien Fiancé

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly, USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending applications and petitions:

• Calling the National Customer Service Call Center at 1-800-375-5283

• Using the USCIS web-based Case Status Online located at www.uscis.gov

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

[waitinginME 0]

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),

Petition for Alien Fiancé

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly, USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending applications and petitions:

• Calling the National Customer Service Call Center at 1-800-375-5283

• Using the USCIS web-based Case Status Online located at www.uscis.gov

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

**consular processing**?? I am a K3 petitioner but I indicated on my 130 form that i will apply for my visa in my home country and not in the US. Is this similar to a request for consular processing?

Can anyone shed some light on this?

Thanks

-waitinginME

[alohaspirit 0]

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),

Petition for Alien Fiancé

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly, USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending applications and petitions:

• Calling the National Customer Service Call Center at 1-800-375-5283

• Using the USCIS web-based Case Status Online located at www.uscis.gov

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Thanks for the info but this was last year's news.

[C and J 1]

Actually, it may be "last years news" but there are a lot of people here who haven't seen this, including me.

I have seen quotes on the forums saying that it is "speculation that they hold the I130 and let the K3 through" and that "nothing has been said by USCIS to prove/disprove that statement", this article proves that it is more than speculation. Unfortunately Old news is easily forgotten as people move on from the forums and then it becomes New news all over again

Thanks for posting this

Edited July 25, 2007 by C and J

[raj0327 0]

I live in NJ so I sent my 130 to VT, and my 129 to Chicago. But my 129 was transferred to CSC instead of VT. Is there anyone else that has a similar situation?

Raj

[My Honey 0]

I live in NJ so I sent my 130 to VT, and my 129 to Chicago. But my 129 was transferred to CSC instead of VT. Is there anyone else that has a similar situation?

Raj

I had the same situation! I sent my I-130 to VSC because I live on the East coast. But, then it was automatically sent to CSC. I also, sent my I-129F to Chicago but, then it was transferred to CSC. I would have preferred the applications would have stayed with VSC and probably by now we would have had at least one application approved. But, now both our applications are pending at CSC. Today when I looked at the Immigration website both applications of have updated as of 07/24/2007 so, I am hoping and praying this is the beginning of the process. But, who knows...... CSC has so many applications and I was beginning to feel our applications were buried.

Kim

[pushbrk 13,627]

**consular processing**?? I am a K3 petitioner but I indicated on my 130 form that i will apply for my visa in my home country and not in the US. Is this similar to a request for consular processing?

Can anyone shed some light on this?

Thanks

-waitinginME

No, it is just the standard indication anyone would put on the form. The press release and anecdotal data indicate something more obvious as a special request would be required in order to keep the I-130 from being held.

[pushbrk 13,627]

Actually, it may be "last years news" but there are a lot of people here who haven't seen this, including me.

I have seen quotes on the forums saying that it is "speculation that they hold the I130 and let the K3 through" and that "nothing has been said by USCIS to prove/disprove that statement", this article proves that it is more than speculation. Unfortunately Old news is easily forgotten as people move on from the forums and then it becomes New news all over again

Thanks for posting this

I for one, really appreciate the direct link to last year's news because it seems like I've been explaining this new procedure several times a week lately. I read the release last fall and bookmarked it but my hard drive crashed in January and I haven't been able to find the link to the release.

More publicity for this is going to be a lifesaver. I hope it goes in the guides along with a big red letter alert for both this and the new instructions to file the I-130 and I-129F together directly with the appropriate service center. The combination is critical big news.

[raj0327 0]

Kim,

At least both your applications are at the same center. My applications are at two different centers, not sure what kind of problems this will cause. Hopefully not much.

Raj

I live in NJ so I sent my 130 to VT, and my 129 to Chicago. But my 129 was transferred to CSC instead of VT. Is there anyone else that has a similar situation?

Raj

I had the same situation! I sent my I-130 to VSC because I live on the East coast. But, then it was automatically sent to CSC. I also, sent my I-129F to Chicago but, then it was transferred to CSC. I would have preferred the applications would have stayed with VSC and probably by now we would have had at least one application approved. But, now both our applications are pending at CSC. Today when I looked at the Immigration website both applications of have updated as of 07/24/2007 so, I am hoping and praying this is the beginning of the process. But, who knows...... CSC has so many applications and I was beginning to feel our applications were buried.

Kim

[alohaspirit 0]

I for one, really appreciate the direct link to last year's news because it seems like I've been explaining this new procedure several times a week lately. I read the release last fall and bookmarked it but my hard drive crashed in January and I haven't been able to find the link to the release.

http://www.visajourney.com/forums/index.php?showtopic=42061 all you have to do is go to the Immigration News and Discussion section or use the search function.

[LvivLovers 39]

This would make a good sticky post in my opinion. I read this back in March when I filed and clearly indicated on my cover sheet and form that I wanted to follow the consular process. It will be interesting to see if that has any effect at all. Of course, we'll need to get an NOA2 first to know! Where oh where is our NOA2? Where oh where can it be?

[My Honey 0]

Kim,

At least both your applications are at the same center. My applications are at two different centers, not sure what kind of problems this will cause. Hopefully not much.

Raj

I live in NJ so I sent my 130 to VT, and my 129 to Chicago. But my 129 was transferred to CSC instead of VT. Is there anyone else that has a similar situation?

Raj

I had the same situation! I sent my I-130 to VSC because I live on the East coast. But, then it was automatically sent to CSC. I also, sent my I-129F to Chicago but, then it was transferred to CSC. I would have preferred the applications would have stayed with VSC and probably by now we would have had at least one application approved. But, now both our applications are pending at CSC. Today when I looked at the Immigration website both applications of have updated as of 07/24/2007 so, I am hoping and praying this is the beginning of the process. But, who knows...... CSC has so many applications and I was beginning to feel our applications were buried.

Kim

Raj

Probably what will happen is they will put the two applications together at one Service Center. I have a feeling your applications will be processed by CSC since they transferred the I-129 to CSC. Raj, you may have sent your I-130 to VSC just like I did but, I bet at the bottom of your

NOA I it states the CSC as your processing center. This is what they did to me. Then I received a NOA of transfer with my I-129F from Chicago to CSC. Let me know what processing center is on your NOA I.

My preference would have been VSC and that is unusual they just transferred the I-129 when the I-130 is at VSC. To my understanding VSC processes I-129 applications along with CSC. I get very confused because you see alot of strange things happening and I believe there is lots of confusion within USCIS because of adjusting the "fees" adjusting policies, and not enough staff to keep up with processing of applications.

Kim

[LvivLovers 39]

Personally, I never understood this change. Yes, it sounds great at first glance, but how much is it really saving? It seems to me that if they just transferred the dang I-130 to the NVC and let the petioner decide whether or not to pay the fees and continue would really make more sense. If they don't take any additional steps...then don't process and hold it there. Otherwise, I would assume they want to continue down this path if they pay the fees and keep submitting forms. The whole thing just seems bogus to me. I think most people really DO want to continue down this path, but maybe they run into other bottlenecks in the system and then just take the K3 cause they are tired of dealing with all the problems!

[ohioindian 0]

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),

Petition for Alien Fiancé

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly, USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending applications and petitions:

• Calling the National Customer Service Call Center at 1-800-375-5283

• Using the USCIS web-based Case Status Online located at www.uscis.gov

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

I agree...thank you for posting it. I was aware of the practice, but did not know it was policy. When I spoke to a CSC rep yesterday, I was told that the I-130 would be "denied" while the K3 went through. This did not make sense. I think she used the term "denied" inappropriately. What is written here in this announcement does seem to be what is happening. I wonder though if the consular filing was indicated on I-130, does that mean that I-130 goes through to consulate and K3 does not.

[LvivLovers 39]

USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),

Petition for Alien Fiancé

Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and VSC, to better manage cases and improve customer service.

USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130 that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its National Record Center (NRC).

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824, Application for Action on an Approved Application or Petition, must be filed with the USCIS office that approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.

This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly, USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt notice from the NBC notifying them of the location to which their Form I-129F has been transferred.

USCIS customers can utilize the following methods to obtain case status information about their pending applications and petitions:

• Calling the National Customer Service Call Center at 1-800-375-5283

• Using the USCIS web-based Case Status Online located at www.uscis.gov

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

I agree...thank you for posting it. I was aware of the practice, but did not know it was policy. When I spoke to a CSC rep yesterday, I was told that the I-130 would be "denied" while the K3 went through. This did not make sense. I think she used the term "denied" inappropriately. What is written here in this announcement does seem to be what is happening. I wonder though if the consular filing was indicated on I-130, does that mean that I-130 goes through to consulate and K3 does not.

I think in this case, they will both just progress independently if the USCIS handles it correctly. I-129F should go to the embassy almost immiedately for K3 visa and I-130 should go to NVC and progress through the normal process there before going to the embassy for IR-1/CR-1 visa.