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ResourcesVisa & Immigration LawUS Immigration LawK-3 Visas Processing Outside "Normal USCIS Processing Time"?

K-3 Visas Processing Outside "Normal USCIS Processing Time"?

Transcript of the above video:

As the title of this video suggests, we are discussing the "normal processing times" associated with a K-3 Visa. Now for those who are unaware, a K-3 petition is supplemental to an underlying Immigrant Spouse visa petition so in a way we are kind of talking about two different petitions here. I have discussed this at length in other videos, K-3s often times will be administratively closed at the National Visa Center anyway so they are not an overly great petition to use just as a practical matter. 

That said, this is more just kind of a paradigm check if you will. I just noticed a lot of people, I get a lot of correspondence especially as the holidays approach people saying "Oh my case is outside "normal processing times" according to USCIS." I really would like it if USCIS wouldn't put up that notion that there even is a "normal processing time" and that after a certain point they should be contacted or something should be done. It has never been my experience than when they are just holding on to it and processing it, much of anything can be done really. I mean at a certain point it gets to the point where you may have to maybe retain a local Council to deal with something like a Writ of Mandamus but that is a really uncommon situation. For the most part they just move as fast as they move. Look I have seen cases over the years where you file the same kind of case at the same time and they process in radically different ways. Some of them move fast, God knows why; some of them move relatively slow, again God knows why. 

So there is no real “standard processing time”, there are just differentials throughout the entire process. They are like snowflakes. I hate to say that but every case just moves at its own pace and it moves in its own way. Yes, there are certain factors that can allow you to predict it but if you keep worrying about "oh my case is outside the processing time", you are probably just going to drive yourself nuts.