Information about K3 and I-130 (IV) processing at consulate
Dec 4th 2002, 10:03 pm
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Information about K3 and I-130 (IV) processing at consulate
For those of you who are waiting (or already got) K3 and I-130, I found the following DOS regulartion very helpful in laying out what can and can't be done with K3 and IV processing at Consulate (please see the excertp below). It also has a lot of great procedural information about how a K3 is processed among INS, NVC and consulate. Enjoy.
http://travel.state.gov/state167548.html
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According to the LIFE Act, a K3 visa may be issued when "an immigrant visa is not immediately available to the alien." To maximize the number of aliens who may benefit from the LIFE Act provisions, VO has determined that an immigrant visa is "available" only when the actual approved I-130 petition has been received by the IV-issuing consular post. If the I-130 petition is at post, or the applicant has already been interviewed and denied the IR1 by a consular officer, perhaps due to lack of the I-864 AOS, that applicant must proceed with IR1 processing and may not choose to apply instead for the K3. If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application.
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http://travel.state.gov/state167548.html
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According to the LIFE Act, a K3 visa may be issued when "an immigrant visa is not immediately available to the alien." To maximize the number of aliens who may benefit from the LIFE Act provisions, VO has determined that an immigrant visa is "available" only when the actual approved I-130 petition has been received by the IV-issuing consular post. If the I-130 petition is at post, or the applicant has already been interviewed and denied the IR1 by a consular officer, perhaps due to lack of the I-864 AOS, that applicant must proceed with IR1 processing and may not choose to apply instead for the K3. If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application.
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