1. The Changes in K-3 Spouse Visa Procedure

The U.S. Department of State (DOS) has 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. Now if both the K-3 visa petition approval (Form I-129F) and required immigrant visa petition approval (Form I-130) are transmitted from USCIS 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 (Green Card status), 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.

2. The Procedure at the National Visa Center to Process the K-3 Cases

The K-3 case will end at the NVC if the required I-130 approval by USCIS has reached the NVC. That is, if the USCIS approves and transmits the Form 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. This change in procedure makes the K-3 a less attractive in some cases. Of course, this depends upon the speed at which I-130 petitions are processed in this type of case at the USCIS.

3. The Concerns of K-3 Visa Application for Spouse of U.S. Citizen

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. Some applicants reported that they called the USCIS National Customer Service on different occasions to inquire about the K-3 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.

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 immigrant visa. Since there was variation and unpredictability in the processing time of the cases, however, many people continued to utilize the K-3 option.

4. The General Problems Encountered in Filing K-3 Applications

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 soon revealed that the K-3 visa process is complicated, costs money, and may take longer than was first anticipated.

Some applicants reported that, depending on which consulate is processing a spouse's K-3 visa, the wait time to get a K-3 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 Form I-130 and has to wait several months for this filing to be receipted. 

Only after it is receipted can the U.S. citizen 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.