K3/K4 Approved but told we could not use this process!

[Briggsy]

Married November 2009
We filed I-130 December 2009.
We then filed !-29F K3/K4, already married December 2009.
April 2010 Both I-130 and I-129K approved by California Service Center.

Case received at NVC May 2010.
Received "Immigrant" visa information for fees for Affidavit of Support.
Spouse received e-mail requesting "Choice of Agent" form.

Called NVC on the understanding that were were going to enter as Non-Immigrant Status and Adjust status when in the USA.
NVC advised that spouse could not now enter as Non-Immigrant and that the I-129F was now redundant and she would have to go through lengthier process of AOS at the Consulate (London) and enter as an Immigrant, with additional documentation processing!

Seems this is contrary to earlier law that was introduced to repatriate family members under the I-129F K3/k4 to expedite. Are we being lead down the wrong path? Seems I-129F is an utter waste of time?
Thanks

[Bernie31]

Yes, stuff has changed after Feb 2010.

Prior to that (and my wife did benefit from it) if both I-130 and I-129F are adjudicated in your favor, you would quickly enter the US on a K3 and adjust here as you expected.

However, with this new change (driven by what .. who knows), you have to continue the process on the Immigrant pathway which is stupid as it keeps the spouses apart longer and is in direct violation of Congress's intent when they approved the K3 visa process. The intent of course, being to unite the spouses in to the US and then adjust to CR.

[Briggsy]

Thanks for taking the time for your reply.

Immigrated here myself in 1991. Have sponsored parents in past and entire process is still very vague and tedious.

Great to have a forum here to get through the clutter.

[nichole]

The K3 visa for a spouse was to unite families sooner because the immigrant visas were so bogged down it was taking years to complete one. It allowed the spouses a way to be together in the US while they waited for Adjustment of Status (changing from visa entry statis to green card holder).

Now the process has gotten so fast that the K3 visa isn't such a great deal anymore. The alternate visa for a spouse is the CR1 or CR2. If the I-130 (form to get the CR1/2) is approved first or at the same time as the I-129F (second form a married person files to get the K3) then the I-130 is the form they go with. The I-129F is administratively closed.

So the spouse with the CR1 visa will enter the USA already approved for a green card and a social security card and can get a drivers license quicker. She can work immediately. And it is cheaper. It it well worth the extra few weeks to wait on the NVC processing and fee payment before the case goes to the embassy for interview.

A K3 holder would enter the US with no authorization to work or to get a social security card. She would have to see a civil surgeon (more $$$)to complete paperwork, even though she just did this in her country prior to her interview. The sponsor would have to do another Affidavit of Support, different than the one done for the embassy. Then masses of more papers have to be filed along with $1010. Then a trip to a USCIS office for biometrics. It could be in a distant city. Then waiting for an interview appointment to prove your marriage all over again. Interview could be in distant city. Then wait for the GC to arrive. Working and driving will be on hold for months.

If the K3 got you together a year or even nine months faster, then yes it is probably worth it. But now that the time difference can be measured in weeks, the CR1 is nothing to scoff at.

[Briggsy]

K4 Status for minor children lost!

Thanks for your reply. We appreciate that the I-130 Would be quicker and more cost effective. We have paid all fees to NVC and submitted documentation and just called NVC with regard to minor children on the I-129F petition. No step in the process did we realize children would be dropped from this case. Affidavit of Support included children sent to NVC included minor children and all documentation for minor children submitted.

We have just found out that as the I-130 was approved and I-129F (administratively) abandoned we are back to square one for the K4 children listed on the I-129F petition. The children listed on the petition do not have an I-130 in the system as we were intending to File I-130 and Adjust status in the USA for the children (according to USCIS instructions and the LIFE act). We were aware that it was more expensive, but wife need not work when she arrives. Now the only person with a approved petition is my wife on her I-130! So she will have to wait in home country for further six months with her children while processing takes place. We are now submitting petition I-130 for minor child.

However, one of the children was 20 at time of filing I-129F and he has passed 21 now and left in limbo. Remaining child would have no family remaining in UK. But was eligible under LIFE act at time of filing I-129F.

I see this as a warning for future I-129F applicants applying for K3/K4 applicants that it is necessary to file I-130 for all minor children intending to immigrate. Then you will not run into our situation.

The case was passed to a supervisor at National Visa Center. The representative at NVC says she understood our dilemma and that this procedural change is directed by USCIS. We were advised to to re-contact USCIS to address this matter and have done so via e-mail. We have copied the e-mail to our Senator.

You guys do a great job on this site. Thanks for all your help and direction. Any pointers or suggestions appreciated.