Integrity Legal

Posts Tagged ‘K-1 Visa Cambodia’

2nd February 2012

In order to provide relevant information for those seeking Consular Services in Southeast Asia the administration of this web log routinely posts the holiday closing schedules of the various US Missions in Asia. The following is quoted directly from the official website of the US Embassy in Cambodia:

Month Day Holiday Khmer/U.S.
January 2 Mon International New Year’s Day U.S.
Jan 16 Mon Birthday of Martin Luther King, Jr. U.S.
Feb 20 Mon George Washington’s Birthday U.S.
Mar 8 Tue International Women’s Day Khmer
Apr 13 Fri Khmer New Year’s Day Khmer
Apr 16 Mon Khmer New Year’s Day Khmer
May 14 Fri King Sihamoni’s Birthday Khmer
May 28 Mon Memorial Day U.S.
Jun 18 Mon King Mother’s Birthday Khmer
Jul 4 Wed Independence Day U.S.
Sep 3 Mon Labor Day U.S.
Oct 8 Mon Columbus Day U.S.
Oct 15 Mon Pchum Ben Day Khmer
Oct 16 Tue Pchum Ben Day Khmer
Oct 31 Mon King Father’s Birthday Khmer
Nov 9 Wed Independence Day Khmer
Nov 12 Mon Veterans Day U.S.
Nov 22 Thu Thanksgiving Day U.S.
Nov 29 Thu Water Festival Khmer
Dec 25 Mon Christmas U.S.

For further information from the aforementioned website please click HERE.

Those seeking services such as notarization, Consular Reports of Birth Abroad, or US passport renewals are well advised to seek such services from the US Consular section of the US Embassy in Phnom Penh, Cambodia. In many cases it will likely be necessary to make an online appointment prior to arrival at the Post in order to ensure processing of a specific request for services.

In order to obtain a US visa for a foreign fiancee the American fiance is generally required to submit a petition to the United States Citizenship and Immigration Service (USCIS) prior to the case file being processed through the National Visa Center (NVC), assuming approval; and finally on to the US Embassy or US Consulate with appropriate jurisdiction. Those seeking an immigrant visa for a foreign spouse are also likely to be required to receive an approved USCIS petition prior to processing at the National Visa Center before eventual interview and processing at a US Embassy or US Consulate abroad.

In general, it has been this blogger’s experience that the non-immigrant visa categories for foreign loved ones, such as the K-1 visa or the K-3 visa are processed by the non-immigrant visa unit at the American post with appropriate Consular jurisdiction. Meanwhile, immigrant visa categories such as the CR-1 visa or the IR-1 visa are processed by an immigrant visa unit. That stated, some protocols may vary depending upon the unique circumstances of a particular Post.

For information related to legal services in Southeast Asia please see: Legal.

more Comments: 04

21st August 2011

Those who read this blog with any frequency may be aware that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:

Field Office Processing Dates for California Service Center as of: June 30, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 September 27, 2007
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 May 7, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 1, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 25, 2007
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension 3 Months
I-821 Application for Temporary Protected Status El Salvador initial or late filing 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing 3 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997
Field Office Processing Dates for Nebraska Service Center as of: June 30, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1C – Nurses 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child December 31, 2007
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child December 31, 2007
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 July 31, 2009
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 July 31, 2009
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 July 31, 2009
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 July 31, 2009
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister July 31, 2009
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document 3 Months
I-131 Application for Travel Document Permanent resident applying for a re-entry permit 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability 4 Months
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability 4 Months
I-140 Immigrant Petition for Alien Worker Skilled worker or professional 4 Months
I-140 Immigrant Petition for Alien Worker Unskilled worker 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver 4 Months
I-140 Immigrant Petition for Alien Worker Schedule A Nurses 4 Months
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal November 9, 2008
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) November 9, 2008
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 28, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories January 25, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents January 25, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category January 25, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications January 25, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students January 25, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents January 25, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors January 25, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications January 25, 2011
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution June 27, 2010
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-821 Application for Temporary Protected Status El Salvador extension January 21, 2011
I-821 Application for Temporary Protected Status El Salvador initial or late filing January 21, 2011
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension January 21, 2011
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing January 21, 2011
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition February 4, 2011
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement 3.5 Months
I-90 Application to Replace Permanent Resident Card 10-year renewal March 15, 2011
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) 3.5 Months
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship 5 Months
N-643 Application for Certification of Citizenship on Behalf of an Adopted Child Application for recognition of U.S. citizenship on behalf of an adopted child 5 Months
Field Office Processing Dates for Texas Service Center as of: June 30, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 22, 2011
I-129 Petition for A Nonimmigrant Worker Blanket L December 27, 2007
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-1C – Nurses December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees December 27, 2007
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability December 27, 2007
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers December 27, 2007
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process December 27, 2007
I-129 Petition for A Nonimmigrant Worker R – Religious occupation December 27, 2007
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional December 27, 2007
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister 5 Months
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document 3 Months
I-131 Application for Travel Document Permanent resident applying for a re-entry permit 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability October 2, 2010
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher October 2, 2010
I-140 Immigrant Petition for Alien Worker Multinational executive or manager October 2, 2010
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability October 9, 2010
I-140 Immigrant Petition for Alien Worker Skilled worker or professional September 30, 2010
I-140 Immigrant Petition for Alien Worker Unskilled worker September 30, 2010
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver September 28, 2010
I-140 Immigrant Petition for Alien Worker Schedule A Nurses October 9, 2010
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal July 31, 2009
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants October 15, 2010
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) July 31, 2009
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers October 15, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications December 3, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago December 31, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States September 29, 2008
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee December 31, 2010
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents June 29, 2008
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program December 31, 2010
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition August 16, 2010
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement May 31, 2010
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship 5 Months
Field Office Processing Dates for Vermont Service Center as of: June 30, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L April 24, 2011
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1C – Nurses 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers April 24, 2011
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 5 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 September 11, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister July 24, 2010
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document March 1, 2011
I-131 Application for Travel Document Permanent resident applying for a re-entry permit March 1, 2011
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability October 31, 2007
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher October 31, 2007
I-140 Immigrant Petition for Alien Worker Multinational executive or manager October 31, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability October 31, 2007
I-140 Immigrant Petition for Alien Worker Skilled worker or professional October 31, 2007
I-140 Immigrant Petition for Alien Worker Unskilled worker October 31, 2007
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver October 31, 2007
I-140 Immigrant Petition for Alien Worker Schedule A Nurses October 31, 2007
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal 4 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 30, 2011
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories March 13, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents March 13, 2011
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category March 13, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications March 13, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students March 13, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents March 13, 2011
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors March 13, 2011
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications March 13, 2011
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] May 22, 2011
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] October 31, 2010
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] January 6, 2011
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension October 31, 2010
I-821 Application for Temporary Protected Status El Salvador initial or late filing October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing October 31, 2010
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement 3.5 Months
I-90 Application to Replace Permanent Resident Card 10-year renewal March 31, 2009
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) 3.5 Months
I-914 Application for T Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of trafficking in persons, and immediate family 4 Months
I-918 Petition for U Non-immigrant Status Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family 4 Months
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship 5 Months
N-643 Application for Certification of Citizenship on Behalf of an Adopted Child Application for recognition of U.S. citizenship on behalf of an adopted child 5 Months

Readers should be aware that the processing times noted above do NOT include consideration of the processing times at the National Visa Center (NVC) nor the Consular Processing times of each particular US Embassy, US Consulate, or American Institute abroad.

For information related to legal services in Southeast Asia please see: Legal.

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21st May 2011

Those conducting research with regard to United States Family Immigration often look at either the K-1 visa or a CR-1 visa for a recent or prospective spouse. That stated, an acute concern for many American Citizens is the speedy admission of the foreign fiance or spouse to the United States of America. Under many circumstances in places such as the Kingdom of Thailand or the Kingdom of Cambodia, virtually the only means to lawfully bring a Thai or Khmer fiance or spouse to the USA involves a US Marriage Visa (such as the CR-1 visa or the IR-1 visa) or a US fiance visa (officially categorized as a K-1 visa). The question then becomes: which visa can be obtained in a more timely manner?

Currently, it usually takes less time to obtain a K-1 visa compared to a CR-1 visa. That stated, it is this blogger’s opinion that the once large gap separating the processing times of these respective visa categories has closed somewhat, from a practical perspective; and, as a result, it may be best for those researching these issues to ponder the notion of applying for a CR-1 visa or an IR-1 visa from the outset rather than undergoing the K1 visa process. Bearing this in mind, the reader should note that the process is unique to every couple as circumstances tend to dictate the timing of various stages of the process.

Although the K-1 visa does usually result in a foreign fiancee arriving in the United States more quickly than a foreign spouse under the CR-1 visa category, readers should be aware of the fact that CR-1 visa holders are admitted into the United States in Lawful Permanent Resident status. Conversely, those admitted into the United States of America in K-1 visa status must undergo the adjustment of status process in order to obtain their Green Card.

Regardless of the fact that the current USCIS Processing Times note little change in the time it takes to receive adjudication of a K-1 visa petition compared to years past, the plain truth of the matter is that the overall K-1 visa process has lengthened for many in recent months. This increased wait time may be attributable to the fact that the National Visa Center and each and every US Embassy or US Consulate has its own backlog of cases to either process or adjudicate. As the ebb and flow of American immigration continues the consular processing times are likely to increase and/or decrease depending upon the circumstances at the various US Posts abroad. At present, it is difficult to calculate with any specificity what the time frame is for Consular Processing in Asia as many factors must be taken into consideration. It is this blogger’s current opinion that under the totality of the circumstances it may be prudent for prospective family visa petitioners to conduct thorough research into the immigration process before making an irrevocable immigration decision as a visa category that looks more efficient at first glance may, in fact, turn out to be an inefficient travel document if one takes into consideration all of the factors which must be addressed in order to ultimately receive lawful permanent resident status in the U.S.A.

For related information please see: Legal.

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29th April 2011

It recently came to this blogger’s attention that the discretionary powers accorded to Consular Officers at United States Missions abroad with regard to visa issuance are to be expanded to provide further latitude to Consular Officers with regard to the revocation of US visas. To quote directly from Justia.com:

This rule changes Department regulations to broaden the authority of a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the Department’s revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the Department to revoke a visa provisionally while considering a final visa revocation.

Clearly, this rule would expand the authority currently granted to Consular Officers in adjudicating American visa matters. For those who are unfamiliar with this topic it should be noted that Consular Officers currently maintain virtually un-reviewable discretion in matters pertaining to US visa application adjudication. This discretion occurs pursuant to a doctrine referred to as Consular Non-Reviewability (or colloquially referred to as Consular Absolutism). Pursuant to the philosophy underlying this doctrine Courts in the United States are unlikely to review the decisions of a Consular Officer at a US Embassy or US Consulate abroad unless the Consular Officer’s decision in the matter appears “facially illegitimate” to the Court of competent jurisdiction.

Bearing this in mind the announcement went on to point out the reasoning behind the recent decision to make this rule change:

On occasion, after a visa has been issued, the Department or a consular officer may determine that a visa should be revoked when information reveals that the applicant was originally or has since become ineligible or may be ineligible to possess a U.S. visa. Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) (INA) authorizes the Secretary and consular officers to revoke a visa in their discretion. Current regulations limit the circumstances in which consular officers may revoke visas. In light of security concerns, this amendment grants additional authority to consular officers to revoke visas, consistent with the statutory provisions of the INA. Although this rule eliminates the provisions that permit reconsideration of a revocation, it also allows for the provisional revocation of a visa when there is a need for further consideration of information that might lead to a final revocation. In cases where the person subject to a provisional revocation is found to be eligible for the visa, the visa will be reinstated with no need for reapplication. However, with the exception of provisional revocations, an applicant whose visa has been revoked must apply for another visa, at which time his or her eligibility for the visa will be adjudicated.

In this blogger’s opinion, this rule change could have significant ramifications for prospective visa applicants. That stated, it remains to be seen what the practical implications of this rule change will be. The administration of this web log strongly encourages readers to click on the above hyperlinks to learn more about this topic on Justia.com.

It should be noted that within the text of this memo it was pointed out that this rule is being promulgated pursuant to the Administrative Procedure Act. To quote one final time from the aforementioned document:

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553 (a) (1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

Those who have read this blog in the past may recall that the United States Department of State maintains a mandate to conduct the foreign affairs of the United States and one of the duties that is entailed within this mandate is the duty to adjudicate applications for a US visa. This can include applications for visas such as the B-2 visa (for those wishing to engage in recreational travel in the United States), the K-1 visa (a US fiance visa for the foreign fiance of a US Citizen), the CR-1 visa or IR-1 visa (for the spouse of an American Citizen or Lawful Permanent Resident), or, in increasingly rare instances, a K-3 visa (which is a non-immigrant spouse visa for the husband or wife of an American Citizen). It is even posited that this new discretion could have an effect upon adjudication of L-1 visa and EB-5 visa applications, as well as the possible aftermath thereof. In any case, increased Consular discretion is likely to have an impact upon visa applications across the categorical spectrum of American travel documents.

For related information please see: K-1 Visa Thailand or K-1 Visa Cambodia.

For information related to waivers of grounds of inadmissibility (ineligibility) please see: I-601 waiver or I-212 waiver.

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25th March 2011

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) may be changing some of the procedures associated with the processing of immigration petitions pertaining to the application for issuance of the CR-1 visa, IR-1 visa, K-1 visa, and K-3 visa filed by United States Citizens and Lawful Permanent Residents. To quote directly from a recent USCIS Memo posted on ILW.com:

This memorandum provides guidance to USCIS service centers regarding changes in the handling of all stand-alone I-130 and I-129F petitions filed by petitioners who have been convicted of any “specified offense against a minor” under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act” or “AWA”) and related issues.1 This memorandum applies only to petitions that are adjudicated at the service centers and not to petitions adjudicated at USCIS field offices.

Generally I-130 petitions (the categorical designation used to refer to the petition for a CR-1 visa or an IR-1 visa) are processed by the USCIS Service Center designated by the lockbox upon receipt. In some cases, it may be possible to process an I-130 petition at one of the various USCIS field offices located abroad, such as the USCIS office in Bangkok. The I-129f petition (categorical designation used to denote the US fiance visa or K1 visa) can only be processed at a USCIS Service Center in the USA as the field offices overseas do not process such petitions as of the time of this writing. To quote further from the previously mentioned memorandum:

USCIS will centralize at VSC all files currently at service centers if the service center adjudicator has made a preliminary determination that the petition warrants review as an AWA-related case. The VSC will serve as a central clearinghouse for inquiries from Federal, State, and local agencies regarding AWA-related cases that are pending or were recently adjudicated at one of the four service centers [hereafter referred to as “originating service center” or “sending service center”]. While AWA-related cases require special handling, the decision to centralize AWA-related adjudications at the VSC will affect caseloads at other service centers only minimally.

Clearly, the United States Citizenship and Immigration Service (USCIS) is making policy changes in an effort to take steps to more efficiently process cases requiring further scrutiny pursuant to the Adam Walsh Act (AWA). In a way, the Vermont Service Center’s role in AWA-related cases is somewhat similar to the role of the National Visa Center in the overall US visa process as that agency is tasked with acting as a sort of clearinghouse for visa applications arriving from USCIS and being processed out to a US Embassy or US Consulate abroad. Although, NVC is under the authority of the Department of State whereas the Vermont Service Center (like the other USCIS Service Centers) is under the jurisdiction of the Department of Homeland Security (DHS) and USCIS.

For related information please see: Adam Walsh Act.

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18th March 2011

It recently came to this blogger’s attention that the Cambodian government has changed some of the regulations regarding registration of marriage in that Kingdom. To quote directly from a recent posting on the blog United Khmer:

MALE foreigners over the age of 50 have been outlawed from marrying Cambodian women in the country under new rules designed to crack down on sham marriages and human trafficking, the government said today.

Human trafficking is a serious issue in many Asian nations including those comprising the Association of Southeast Asian Nations (ASEAN). The posting went on to further note:

Foreigners who earn less than $2,580 per month are also barred from wedding local women, foreign ministry spokesman Koy Kuong told AFP, but the restrictions do not apply to weddings taking place overseas.

It would seem as though the Cambodian government is also attempting to make rules in an attempt to ensure that those Cambodian women marrying foreign men are more likely to be materially provided for.

It is increasingly common for both men and women from the United States of America to travel to Southeast Asian nations such as Cambodia, Thailand, Indonesia, Vietnam, Myanmar (Burma), Laos, Malaysia, and Singapore for both business matters and pleasure. In some cases, American Citizens traveling abroad meet someone special and decide to bring their loved one back to the United States. Under such circumstances, it will likely be required that the foreign loved one obtain a United States visa.

Depending upon the unique facts of each given case couples may opt to apply for a US fiance visa (officially classified as a K-1 visa) or a spousal visa such as a CR-1 visa or, less commonly, a non-immigrant K-3 visa. Those couples who have been married for more than 2 years at the time of their admission to the United States are likely to see the prospective immigrant spouse admitted into the USA in IR-1 visa status.

The immigration process is a different experience for each couple and as the process evolves it also constantly changes. For this reason (likely amongst many others)  some couples opt to retain the assistance of a professional to provide insight into the protocols associated with United States immigration. Under those circumstances, those seeking advice and counsel are well advised to ascertain the credentials of anyone claiming to be an American attorney as only a licensed attorney from the United States is permitted to practice United States Immigration law.

For related information please see: US tourist visa.

more Comments: 04

1st March 2011

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) will be changing their procedures in matters pertaining to address changes. To quote directly from the website of the Division of International Services NIH Office of Research Services:

The U.S. Citizenship and Immigration Services (USCIS) has announced new mailing addresses for submitting the Form AR-11. The form must now be mailed to an office in Kentucky, and not to the USCIS Headquarters in Washington, D.C.

Forms submitted via the U.S. Postal Service should be sent to:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Forms submitted via commercial overnight or freight services should be sent to:

U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Any forms previously mailed to the USCIS Headquarters will be forwarded to the Kentucky office. A new version of the Form AR-11, which includes the new mailing addresses, has been issued and is now available on the usCIS website (click here to download a copy of the form). Additional information on the change of address is available here on the USCIS website.

The administration of this blog highly recommends that readers click on the above link to read the full announcement.

This issue could be of particular importance for those who have recently filed a petition for immigration benefits and subsequently moved their place of residence. Also, those who enter the United States of America in K-1 visa status (the categorical name for the US fiance visa) should take note of the above announcements as K-1 visa holders are required to submit an application for adjustment of status in order to be granted lawful permanent residence in the USA. In some cases, a bi-national couple may find that they need to change their address while the adjustment of status is pending. Failure to advise the United States Citizenship and Immigration Service (USCIS) of such a change could result in processing delays or a situation in which a couple is not notified of an upcoming adjustment of status interview. This could result in the couple missing said interview and the K-1 fiancee falling out of status due to a deficient adjustment. For these reasons, keeping USCIS abreast of one’s address while a petition is pending is very prudent.

In a recent posting on this blog it was also noted that the USCIS has recently changed their policy regarding employment authorization and advance parole. The service is apparently issuing advance parole on the same document that grants employment authorization prior to adjustment. Advance parole is a benefit that can be granted to those holding K-1 visa status which allows the visa holder to leave the country while an adjustment is pending. Failure to obtain advance parole prior to leaving the USA could result in the K-1 visa beneficiary falling out of status and thereby requiring the process to be restarted all over again.

For related information please: K1 Visa Thailand.

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14th February 2011

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) has implemented a program to issue advance parole authorization on the same document as that of employment authorization. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

For those who are unfamiliar with the K-1 visa process, the adjustment of status occurs after a foreign fiancee arrives in America, marries the American petitioner, and files to have their status regularized to that of Lawful Permanent Resident. The card that is given to the foreign spouse is often colloquially referred to as a “Green Card”. Prior to adjustment of status, if a foreign fiancee leaves the USA, then they will need to obtain an advance parole travel document in order to keep their visa status alive and thereby permit reentry to the USA. Failure to obtain advance parole could result in a foreign fiancee losing his or her visa upon departure from the USA and thereby compelling them to go through the whole process anew.

An employment authorization document permits foreign fiancees in the United States on a K-1 visa to work prior to being approved for Green Card status. In many instances, couples opt not to apply for employment authorization and simply await the foreign fiance’s adjustment to Lawful Permanent Residence.

Once a foreign fiance is adjusted to lawful permanent residence, he or she may still be required to eventually apply for a lift of conditions. Those in the USA as a lawful permanent resident based upon marriage are placed in conditional status for the first two years of their presence in the USA if the couple was married less than 2 years at the time they acquired lawful permanent residence.

The above analysis could be utilized for K3 visa purposes as well. However, as the K-3 visa is currently being issued in very rare instances due to administrative closure policies at the National Visa Center, this blogger only mentions this issue as an aside.

For related information please see: K-1 Visa Thailand.

more Comments: 04

22nd January 2011

The following is quoted directly from the official website of the United States Embassy in Phnom Phen, Cambodia:

Month Day Holiday Khmer/U.S.
Dec 31, 2010 Fri International New Year’s Day U.S.
Jan 17 Mon Birthday of Martin Luther King, Jr. U.S.
Feb 21 Mon George Washington’s Birthday U.S.
Mar 8 Tue International Women’s Day Khmer
Apr 14 Thu Khmer New Year’s Day Khmer
Apr 15 Fri Khmer New Year’s Day Khmer
Apr 18 Mon Khmer New Year’s Day Khmer
May 13 Fri King Sihamoni’s Birthday Khmer
May 30 Mon Memorial Day U.S.
Jun 20 Mon King Mother’s Birthday Khmer
Jul 4 Mon Independence Day U.S.
Sep 5 Mon Labor Day U.S.
Sep 26 Mon Pchum Ben Day Khmer
Oct 10 Mon Columbus Day U.S.
Oct 31 Mon King Father’s Birthday Khmer
Nov 9 Wed Independence Day Khmer
Nov 10 Thu Water Festival Khmer
Nov 11 Fri Veterans Day U.S.
Nov 24 Thu Thanksgiving Day U.S.
Dec 26 Mon Christmas U.S.

Those wishing to visit the official homepage of the US Embassy in Cambodia please click HERE.

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or the addition of visa pages to a previously issued US Passport are well advised to contact an American Citizen Services Section of a US Embassy, US Consulate, American Institute, or US Mission abroad. It should be noted that those seeking the aforementioned services may find processing streamlined when setting an appointment online in advance.

Those seeking a temporary visa such as a US B-2 visa (Tourist), F-1 visa (Student), J-1 visa (Exchange Visitor), B-1 visa (Business) are likely to see their visa application processed through a Non-Immigrant Visa (NIV) Unit abroad. It should be noted that those seeking a United States non-immigrant visa are likely to have their visa application scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those seeking immigrant family visa benefits such as an IR-1 visa or a CR-1 visa are likely see their visa application processed through an Immigrant Visa (IV) Unit of a US Post abroad. For processing purposes the K-1 visa (a non-immigrant US fiance visa) is treated in much the same way as the Immigrant visa categories. The same could once be said for the K-3 visa as well, but since the inception of the “administrative closure” policy K-3 visa applications are processed with far less frequency compared to years past.

Those seeking visas such as the EB-5 visa (Immigrant Investor Category) or the L-1 visa (intra-company transferees) are likely to only see their visa application processed after a positive adjudication of an immigration petition by the United States Citizenship and Immigration Service (USCIS).

For related information please see: K-1 Visa Cambodia or US Visa Cambodia.

more Comments: 04

14th October 2010

On the internet the term “K3 visa” seems to have become the ubiquitous buzzword used to refer to a US Marriage Visa. However, this type of visa is not the classic method employed by American Citizens wishing to bring their Cambodian spouse back to the United States of America. In reality, many utilize either a CR1 Visa or an IR1 Visa when seeking immigration benefits for a foreign spouse. This is largely due to the recently enacted policy of the National Visa Center (NVC) to “Administratively close” K3 visa applications arriving contemporaneously with, or after, the arrival of an approved I-130 petition at the National Visa Center.

At one time, the United States Citizenship and Immigration Service (USCIS) had a major backlog of pending I-130 petitions for spouses of Americans. President Clinton and the Congress at that time promulgated legislation known as the Life Act which created a new visa category called the K3 Visa. This type of travel document was a sort of expedited non-immigrant marriage visa for spouses of American Citizens (Lawful Permanent Residents have never been eligible for K visa benefits including the K1 visa). Those using such a travel document were required to file an adjustment of status application following their spouse’s arrival in the USA, but the K3 visa was issued as a multiple entry travel document so physical presence in the USA was not a rigorously demanded during the adjustment process for K3 visa holder, as opposed to K1 visa holders who cannot leave the USA while the adjustment of status is processing without applying for an advance parole travel document. Under such circumstances, should a K1 visa holder leave the USA without adjusting status then they will fall out of status and the whole process must begin anew.

Since the the creation of the K3 visa USCIS has cut down their backlog of US Marriage visas tremendously. Currently, it takes approximately 5-6 months for USCIS to adjudicate an I-130 for the spouse of a US Citizen. This brought K3 visa processing times and CR1 visa processing times into greater alignment resulting in a situation where it took virtually the same amount of time to fully process either type of visa, give or take a few weeks depending upon the unique circumstances of a case. As a result, the National Visa Center seems to have adopted the policy that there is little use for the K3 visa under the current circumstances which lead to the automatic “administrative closure” of such applications where the underlying I-130 petition has been adjudicated. This does not mean that the entire visa process is at an end, but the applicant is effectively required to seek an Immigrant spouse visa rather than a K3 visa where the I-130 is adjudicated in a timely manner.

For related information please see: K3 Visa Cambodia or K1 Visa Cambodia.

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