The DHS reorganized and renamed the INS, calling it the Bureau of Citizenship and Immigration Services (CIS). But the new name didn't change much. CIS has earned a reputation on Capitol Hill for being unresponsive to citizens, immigrants, and even congressmen and senators.
Why? Bureaucracy. Here's the CIS explanation of marriage visas from the FAQ page on its website:
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. . . .
For the part of the law concerning K-3/K-4 nonimmigrants and their process of applying for permanent residence status, please see INA § 214 (nonimmigrant status). . . . The specific eligibility requirements and procedures for qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations at 8 CFR § 214. . . .
Okay. Let's take a stab at the CFR. Here are the relevant things that Section 214 says:
214.2(k) Spouses, Fiancees, and Fiances of United States Citizens
. . . To be classified as a K-3 spouse . . ., the alien spouse must be the beneficiary of an immigrant visa petition filed by a U.S. citizen on Form I-130, Petition for Alien Relative, and the beneficiary of an approved petition for a K-3 nonimmigrant visa filed on Form I-129F. The petitions with supporting documents shall be filed by the petitioner with the director having administrative jurisdiction over the place where the petitioner is residing in the United States. . . .
Period of admission for K-3 status. Aliens entering the United States as a K-3 shall be admitted for a period of 2 years. . . .
Extension of stay for K-3 status. . . . A K-3 alien may apply for extension of stay, on Form I-539, Application to Extend/Change Nonimmigrant Status, 120 days prior to the expiration of his or her authorized stay. . . . Extension will be granted in 2-year intervals upon a showing of eligibility pursuant to section 101(a)(15)(K)(ii) or (iii) of the Act. . . .
We've simplified and abridged the thickest jargon here. And it's still pretty hard to decipher. Imagine if you're an immigrant who's new to the English language. Even your English-speaking partner may have difficulty making a good-faith effort at compliance. — Jim Walsh
