Changes in K-3 Spousal Case Procedure
Posted 26.Feb.2010
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The U.S. Department of State (DOS) issued a notice regarding a change in processing procedures for K-3 visa cases. K-3 cases are filed for spouses of U.S. citizens. Effective February 1, 2010, if both the K-3 petition and required I-130 spousal petition approvals are transmitted to the National Visa Center (NVC), then the K-3 process will be discontinued by NVC. The NVC will process the I-130 immediate relative petition, only, so that the foreign national spouse will be able to enter the United States on an immigrant visa instead of the K-3 nonimmigrant visa. The stated reason is that the availability and need for the K-3 nonimmigrant visa ends if the I-130 petition has been approved.
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K-3 Requires I-130 Filing
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The K-3 nonimmigrant petition for the spouse of a U.S. citizen must be preceded by the filing of the I-130 immediate relative petition. There is no need to wait for a decision on the I-130, it must simply be filed. The K-3 case is filed using Form I-129F, as is the K-1 for fiancé/es. The purpose of the K-3 visa category was to provide a faster avenue for the immigration of spouses of U.S. citizens, if the foreign national resided abroad. Prior to the creation of the K-3 category, the only option was the I-130 petition for immediate relative. The processing times for I-130s, combined with the waiting times for interviews at the consulates, often left couples separated for more than a year. The K-3 processing was supposed to be much faster than the I-130, and, thus, was an attractive option for many couples in this situation.
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Faster I-130 Processing Changes Landscape
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In recent years, the processing times for I-130 petitions for immediate relatives has improved. Thus, the K-3 did not always provide a significant advantage over the I-130. Since there was variation and unpredictability in the processing time of the cases, however, many people continued to utilize the K-3 option.
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New Procedure by NVC Effective February 1, 2010
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Under the new procedure, in place as of February 1, 2010, the K-3 case will end at the NVC if the required I-130 approval has reached the NVC. That is, if the USCIS approves and transmits the I-130 to the NVC in advance of or at the same time of the I-129F K-3 petition approval, then the NVC will terminate the processing of the K-3 case. The NVC will proceed with the I-130 immediate relative case. After processing at the NVC, the case will be forwarded to the appropriate consulate for an interview. If the interview goes well, the spouse will be approved as an immediate relative after obtaining the immigrant visa stamp at the U.S. consulate abroad. The spouse then may enter the United States using the immigrant visa, and be admitted as a lawful permanent resident to the U.S.
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Conclusion
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This change in procedure makes the K-3 a less attractive and, in some cases, superfluous option. Of course, this depends upon the speed at which I-130 petitions are processed in this type of case. While they generally are moving quickly, as of this writing, that is subject to change. It is best to discuss the pros and cons of pursuing the K-3 with a qualified immigration attorney who can evaluate the options.
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