Is K-3 still dead?

[catinformer 0]

Hi All, 

I am mostly engaging in a thought exercise here, and probably won't file a supplemental I-129f for my wife given the adjustment of status downside, however I did some digging and think the K-3 might actually be viable again.

I saw this law firm’s YouTube video about the K-3 visa here: https://youtu.be/pNdJV1GvfZc?t=46 (linked the exact part in question)

 

In the video, they mentioned that the K-3 visa is functionally dead because of doctrine of administrative closure.

 

Meaning that if the I-130 and the I-129F were to reach the NVC at around the same time, the I-129F would be closed by USCIS.

And until very recently the I-129f was 12+ months, and even the K-1 visa was looking dead since a CR-1 took the same time AND you got a green card in half the time of a k-1 at lower cost.

 

However, looking at the data from <deleted> it looks like USCIS has really started accelerating the speed of how fast an I-129F is processed in the past couple months.

 

The website is forecasting a newly filed I-129F will take 6 months to process. 

I-129Fs from August and September are being processed, and USCIS now processes more I-129F per day than they receive (again according to track my visa).

 

However, it looks like the I-130 is still take 12 months and is not speeding up like the I-129F based off of <DELETED> from the same site. 

 

So assuming I file an I-130 followed by an I-129F this week. And assuming the 6 month forecast for I-129F, and the 12 month forecast for I-130 is correct. (and assuming USCIS doesn't just ignore my I-129F)

 

USCIS would then review and approve my I-129F a full 6 months before the I-130.

 

Unless the NVC considers a 6 months difference functionally similar timing then, I don’t believe they’ll be able to follow the doctrine of administrative closure.

 

Did the K3 visa suddenly become viable? Or am I missing something? 🤔

Thanks!

Edited April 1 by Crazy Cat

[Crazy Cat 39,292]

It's free to file an I-129f after an I-130.  Best case scenario is they close the I-129f, then immediately approve the I-130 to continue.  Worst case scenario, in my opinion, is they actually issue a K-3.  Who would want to have to adjust status? To my knowledge, only a very, very few K-3s are still  issued. 

[Crazy Cat 39,292]

***One comment edited to remove questionable outside links*****

-VJ Moderation

[Dashinka 23,257]

1 hour ago, Crazy Cat said:

It's free to file an I-129f after an I-130.  Best case scenario is they close the I-129f, then immediately approve the I-130 to continue.  Worst case scenario, in my opinion, is they actually issue a K-3.  Who would want to have to adjust status? To my knowledge, only a very, very few K-3s are still  issued. 

One wonders if more people submit an I129F in conjunction with an I130 would USCIS push the I129Fs faster to lead to more K3’s and more AOS fees.

[catinformer 0]

I do agree with that Cozy, however I just consulted with a lawyer.

It seems even if they issue the K-3 they don't cancel the I-130 for CR-1, it continues with normal consular processing so no need to file for AOS, just need to go back to your home country and attend the CR-1 interview when it comes up on the normal I-130 timeline.

K-3 visa is multi-entry for 2 years. EAD takes 6-8 weeks.

So, there is no downside if all that is true 👀

[Boiler 43,485]

 

Here it is

 

Less than 10 K3s are issued  every year, I do not see that changing. I am not sure when we last saw a K3 on VJ, nearly 15 years ago.

 

I can not help think of they do start issuing them we will see a lot of upset people.

 

I do not think there is a requirement for K3s to take the same time as K1s, all the people I have seen of late anticipating speedier processing times have been disappointed.

[Boiler 43,485]

4 minutes ago, catinformer said:

I do agree with that Cozy, however I just consulted with a lawyer.

It seems even if they issue the K-3 they don't cancel the I-130 for CR-1, it continues with normal consular processing so no need to file for AOS, just need to go back to your home country and attend the CR-1 interview when it comes up on the normal I-130 timeline.

K-3 visa is multi-entry for 2 years. EAD takes 6-8 weeks.

So, there is no downside if all that is true 👀

 

6 to 8 months, I have seen odd quicker cases.

[Redro 4,600]

1 hour ago, catinformer said:

Hi All, 

I am mostly engaging in a thought exercise here, and probably won't file a supplemental I-129f for my wife given the adjustment of status downside, however I did some digging and think the K-3 might actually be viable again.

I saw this law firm’s YouTube video about the K-3 visa here: https://youtu.be/pNdJV1GvfZc?t=46 (linked the exact part in question)

 

In the video, they mentioned that the K-3 visa is functionally dead because of doctrine of administrative closure.

 

Meaning that if the I-130 and the I-129F were to reach the NVC at around the same time, the I-129F would be closed by USCIS.

And until very recently the I-129f was 12+ months, and even the K-1 visa was looking dead since a CR-1 took the same time AND you got a green card in half the time of a k-1 at lower cost.

 

However, looking at the data from <deleted> it looks like USCIS has really started accelerating the speed of how fast an I-129F is processed in the past couple months.

 

The website is forecasting a newly filed I-129F will take 6 months to process. 

I-129Fs from August and September are being processed, and USCIS now processes more I-129F per day than they receive (again according to track my visa).

 

However, it looks like the I-130 is still take 12 months and is not speeding up like the I-129F based off of <DELETED> from the same site. 

 

So assuming I file an I-

 

Did the K3 visa suddenly become viable? Or am I missing something? 🤔

Thanks!

What you’re missing is the I129F is used for K1 AND K3… so you’re talking about what’s happening with K1 speeding up not what is happening to K3s. 

[Dashinka 23,257]

18 minutes ago, Redro said:

What you’re missing is the I129F is used for K1 AND K3… so you’re talking about what’s happening with K1 speeding up not what is happening to K3s. 

That is a great point.  It is no certainty that USCIS processes an I129F for a K1 or a K3 the same way.

[h02ejmajja 48]

While the K3 isn't QUITE dead - why would you want it?  It has all the frustrating parts of the K1 (adjustment of status) and none of the benefits of the spouse visa. 

 

In the past few years, K3 issuances have been as follows: 

 

2018 - 5 K3s issued (Mexico - 2, Bahamas, Brazil, Honduras - 1 each)

2019 - 7 K3s issued(Mexico - 3, Afghanistan, El Salvador, Venezuela and Yemen - 1 each)

2020 - 2 K3s issued (Honduras and Yemen)

2021 - 2 K3s issued (Mexico and Pakistan)

2022 - 4 K3s issued (Mexico - 2, Great Britain and Brazil - 1 each)

2023 - 6 K3s issued (Democratic Republic of the Congo - 2, China, Great Britain, Morocco and Yemen - 1 each)

 

The only one I know the full detail of was the one from Morocco in August 2023 - basically because they were asking questions on a FB group and I didn't believe their K3 had been approved by USCIS so I asked and they sent me pictures and I kept thinking that they wouldn't actually GET the K3, but they did. In their situation, the couple had filed a K1, then got married and (unknowing the proper steps) filled out the I-130 and a couple days after the I-130 was filed they K1 was approved so they sent a request that, since they were not married and had filed the I-130, that the K1 be changed to a K3 - and surprisingly it was - which they verified through all NOAs and visa issued to me. 

 

I'm pretty sure they got lucky and it was a fluke. For the others that have been approved - I always wondered if they MEANT to get the K3 or if theirs were by accident also. 

[Jason and May 69]

It's certainly easy enough to look up visa statistics and compare issuances of certain visa types, as another poster did. Once you do that, the reality is stark: The K3's not dead, but it's not really alive either. 

Viability is there. As CCat mentioned, there's no harm in filing. If it's approved and that's what you wanted, awesome. If not, there's no negative effect on processing either. 

[Redro 4,600]

2 hours ago, h02ejmajja said:

While the K3 isn't QUITE dead - why would you want it?  It has all the frustrating parts of the K1 (adjustment of status) and none of the benefits of the spouse visa. 

 

In the past few years, K3 issuances have been as follows: 

 

2018 - 5 K3s issued (Mexico - 2, Bahamas, Brazil, Honduras - 1 each)

2019 - 7 K3s issued(Mexico - 3, Afghanistan, El Salvador, Venezuela and Yemen - 1 each)

2020 - 2 K3s issued (Honduras and Yemen)

2021 - 2 K3s issued (Mexico and Pakistan)

2022 - 4 K3s issued (Mexico - 2, Great Britain and Brazil - 1 each)

2023 - 6 K3s issued (Democratic Republic of the Congo - 2, China, Great Britain, Morocco and Yemen - 1 each)

 

The only one I know the full detail of was the one from Morocco in August 2023 - basically because they were asking questions on a FB group and I didn't believe their K3 had been approved by USCIS so I asked and they sent me pictures and I kept thinking that they wouldn't actually GET the K3, but they did. In their situation, the couple had filed a K1, then got married and (unknowing the proper steps) filled out the I-130 and a couple days after the I-130 was filed they K1 was approved so they sent a request that, since they were not married and had filed the I-130, that the K1 be changed to a K3 - and surprisingly it was - which they verified through all NOAs and visa issued to me. 

 

I'm pretty sure they got lucky and it was a fluke. For the others that have been approved - I always wondered if they MEANT to get the K3 or if theirs were by accident also. 

Here is the Great Britain Case from 2022

You can see their timeline here: 

https://www.visajourney.com/timeline/profile.php?id=317334

 

[Dashinka 23,257]

10 hours ago, Redro said:

Here is the Great Britain Case from 2022

You can see their timeline here: 

https://www.visajourney.com/timeline/profile.php?id=317334

 

Interesting case, probably should be pinned just due to the rarity  .  It would have been interesting to know what caused their I130 delay, but did not impact the K3.

[Family 3,488]

9 minutes ago, Dashinka said:

Interesting case, probably should be pinned just due to the rarity  .  It would have been interesting to know what caused their I130 delay, but did not impact the K3.

My guess is I-130 file was part of the pandemic limestone cave storage . The subsequent I-129F had enough evidence at submission and it came across the desk of a great human. 
 

@Redro you are amazing. VJ Search function not responsive to me 😂. 

[Redro 4,600]

25 minutes ago, Family said:

@Redro you are amazing. VJ Search function not responsive to me 😂. 

I will never reveal my secrets! 
But, bookmarking interesting cases and also- I searched K3/UK timelines for this one. 
We have a few on VJ but not all have a story..: