Our law firm is currently in negotiations regarding what we believe to be the improper policy by the U.S. State Department to close K3/K4 Visa petitions under certain circumstances. The State Department notice is as follows.
The State Department Notice
Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:
- The nonimmigrant K visa will be administratively closed.
- The application process explained below will not be applicable and cannot be used.
- The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.
If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition.
Response From Allan S. Lolly
According to this notice, spousal visas are still available. However, the K3 visa petition will be closed in favor of spousal CR visa processing. In our experience, CR visa processing has its advantages, but also some disadvantages. We believe the State Department should not be at liberty to administratively close K3 visas without adjudication at the consulate abroad. We contacted the State Department legal advisory office with our comments.
Negotiations are ongoing in an attempt to resolve matters informally and amicably.