Nov 16 2006

USCIS to Transfer Form I-129F for K-3 Spouses of U.S. Citizens to Two Centralized Locations

In late October (Oct. 23), the USCIS’s National Benefits Center (BNC) began transferring the Petition for Alien Fiance(e), Form I129F, the petition for K-3 spouses of US. Citizens, to the California and Vermont Service center locations. The location for these forms was based on the location of the related Form I-130, Petition for Alien Relative. This transfer is directly related to USCIS’s ongoing initiative to use a centralized filing and bi-specialized adjudication system.

USCIS will continue to forward approved Form I-129F (K-3 visa) petitions to the National Visa Center for consular processing. It will, however, keep approved Form I-130 petitions for retrieval when a beneficiary applies for an adjustment of status, except in cases where the petitioner clearly states on Form I-130, that the beneficiary will use the consular process.

USCIS rationalizes this process because most K-3 beneficiaries apply for permanent residency by filing the Application to Register Permanent Residence or Adjust Status, Form I-485, after their arrival in the U.S. Rarely do they use their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining this form, USCIS will minimize the unnecessary movement of flies.