K-3/I-129f Petition update from USCIS
Aug 29th 2008, 6:15 am
#1
Thread Starter
Joined: Apr 2002
Posts: 35,082
K-3/I-129f Petition update from USCIS
A recent/rare answer from USCIS to the Ombudsman's office on the K-3 process:
The K3 Visa Family Unification Process: How Is It Working for You?
10. Working with Department of State – One caller said that some consulates are more efficient at processing the I-129F, which may negatively affect applicants whose I-129F petition was administratively closed by USCIS with the I-130 approval. Does USCIS notify the Department of State if the agency administratively closes the I-129F? How else do USCIS and the Department of State work together on the issues of reuniting foreign national and U.S. citizen spouses?
* USCIS Response on August 18, 2008: USCIS does not notify the Department of State regarding the termination of the K-3 petition, since such termination does not affect the immigrant visa process or the applicant’s eligibility for an immigrant visa. It should be noted, however, that USCIS is no longer administratively closing the I-129F/K-3s and that it is sending both the approved I-129F/K-3 petition and the approved I-130 petition to the Department of State.
---------------------------------------------------------
USCIS Response on April 30, 2008: Because processing times vary, USCIS cannot unequivocally state that it is beneficial to file an I-129F.
The K3 Visa Family Unification Process: How Is It Working for You?
10. Working with Department of State – One caller said that some consulates are more efficient at processing the I-129F, which may negatively affect applicants whose I-129F petition was administratively closed by USCIS with the I-130 approval. Does USCIS notify the Department of State if the agency administratively closes the I-129F? How else do USCIS and the Department of State work together on the issues of reuniting foreign national and U.S. citizen spouses?
* USCIS Response on August 18, 2008: USCIS does not notify the Department of State regarding the termination of the K-3 petition, since such termination does not affect the immigrant visa process or the applicant’s eligibility for an immigrant visa. It should be noted, however, that USCIS is no longer administratively closing the I-129F/K-3s and that it is sending both the approved I-129F/K-3 petition and the approved I-130 petition to the Department of State.
---------------------------------------------------------
USCIS Response on April 30, 2008: Because processing times vary, USCIS cannot unequivocally state that it is beneficial to file an I-129F.
