Ombudsman's Teleconference on K-3 Visa for Spouse of U.S. Citizen
Posted Feb 08, 2008
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The Citizenship and Immigration Services (CIS) Ombudsman held a teleconference January 31, 2008 on the K-3 visa. The K-3 visa is available to the spouse of a U.S. citizen who may choose to enter the U.S. as a nonimmigrant and then adjust status to Lawful Permanent Resident. The CIS Ombudsman's representative led a discussion of the problems that K-3 petitioners and beneficiaries are encountering currently. Although initially designed to overcome long delays associated with the traditional immigrant visa process for the spouse of a U.S. citizen, the experiences and concerns shared by participants in this teleconference soon revealed that the K-3 visa process is more complicated, costs more money, and often takes much longer than was first anticipated.
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To File the K-3 Visa
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The K-3 process requires that the petitioner file Form I-130 (Immigrant Petition for Alien Relative), as well as Form I-129F (Petition for Alien Fiancé/e). The I-129F filing must await the issuance of the Form I-130 receipt notice by the USCIS.
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Problems Encountered in Filing K-3
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Administrative Closing of K-3
According to many participants in the January 31st teleconference, complications can arise because adjudication of Form I-129F sometimes takes longer than the adjudication of Form I-130. Once the I-130 is approved, the I-129F may be administratively closed. One participant reported that he called the USCIS National Customer Service line on different occasions to inquire about this process and received different answers from the USCIS representatives. This inconsistent advice makes it difficult to understand if an I-129F filing, in fact, is matched with the related I-130 and if it may be administratively closed if the I-130 is approved. If this is the case, it leaves the beneficiary with the only option of applying for an immigrant visa instead of a K-3 visa, resulting in a waste of time, money, and effort in filing the K-3.
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Significant Wait for Appointments and Receipts
Several participants reported that, depending on which consulate is processing a spouse's K-3 visa, the wait time to get a visa appointment may be significant. The length of the wait time often depends on the date the petitioner's I-129F filing was received by the USCIS. Currently, the I-129F receipt date determines the date of the filing. The problem arises when the petitioner files an I-130 and has to wait several months for this filing to be receipted. Only after it is receipted can s/he then file the I-129F petition. This causes unnecessary delays that prevent many families from reuniting for long periods of time, thereby negating the very purpose of the K-3 filing. One caller shared his experience of filing an I-129F with a complete copy of the I-130 petition even before the I-130 receipt is issued. Again, the USCIS has not indicated if this is an acceptable practice.
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In-Person I-130 Filings Terminated
A caller from India reported that the USCIS office in New Delhi used to accept I-130 filings from U.S. citizen spouses in person. This was a convenient and expedited way for U.S. citizens to initiate the K-3 visa process. In the past year or two, however, this practice was terminated, apparently due to security concerns, causing additional delays in the K-3 process.
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Conclusion
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The CIS Ombudsman's office provides an important mechanism for the general public to address many problems with the USCIS procedures and policy. The January 31, 2008 teleconference revealed common problems with the processing of K-3 visas. As a result, the USCIS is obligated to respond to these concerns and report back to the CIS Ombudsman on the steps it intends to take to improve its services. MurthyDotCom and MurthyBulletin readers will be informed of the issues raised in the Ombudsman's teleconferences and resulting improvements, solutions, or suggestions. Useful information posted on the CIS Ombudsman's WebSite also will be reported, as it becomes available.
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