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Immigrant classifications

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Filed: K-1 Visa Country: New Zealand
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Hi all! This may seem like a simple question but I'm struggling to find any info on it. What I would like to know is what is the immigration classification through each step of the K1? Eg I know that after you have received GC and EAD you are a conditional permanent resident but what are the classifications before this step? As in from POE to AOS you are? AOS to gaining green card? Or are you just classed as an immigrant through those steps? I'm sorry if my question seems vague but that's the only way I could think to describe it. Thanks in advance!

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Filed: Other Timeline
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Filed: Other Timeline

Thank you but in answer to my question it seems that from POE until I actually receive GC to become a conditional permanent resident I will be classified as a non immigrant?

For a K1 visa, you will be traveling with a US visa for which you must marry within 90 days of entry to the US. You will not be allowed to depart and re-enter the US before your green card is issued, unless you receive advance parole. It's an immigrant visa, pending filing for AOS.

Edited by ExExpat
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Filed: K-1 Visa Country: New Zealand
Timeline

For a K1 visa, you will be traveling with a US visa for which you must marry within 90 days of entry to the US. You will not be allowed to depart and re-enter the US before your green card is issued, unless you receive advance parole. It's an immigrant visa, pending filing for AOS.

I understand all that stuff the thing is you have just told me that the K1 visa is an immigrant visa pending filing for AOS but the link from visa journey you provided me with in the first line explaining what a K1 is states: a K1 visa is a non immigrant visa allowing marriage of a non US citizen to marry. So as far as I understand that link i would be legally classed as a non immigrant until I filed for AOS?

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Filed: Other Timeline

I understand all that stuff the thing is you have just told me that the K1 visa is an immigrant visa pending filing for AOS but the link from visa journey you provided me with in the first line explaining what a K1 is states: a K1 visa is a non immigrant visa allowing marriage of a non US citizen to marry. So as far as I understand that link i would be legally classed as a non immigrant until I filed for AOS?

Hmmm, right. Well, it is a bit confusing that the Visa is considered to be non-immigrant. I suppose because it's contingent upon getting married.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

After the Fiancé(e) Visa is Issued
Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” section.
Treatment of I-129F petitions where the Department of State (DOS) refuses to issue the K-1 visa and returns the expired petition to USCIS.
Once USCIS receives a consular returned I-129F for K-1 classification from DOS and the petition has expired in accordance with 8 CFR214.2(k)(5), USCIS will allow the petition to remain expired and will not reaffirm or reopen the petition. Therefore, the petition will expire in normal course. Please note that this will not preclude the petitioner from filing another petition.
Edited by ExExpat
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Filed: K-1 Visa Country: New Zealand
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Yea it is abit confusing! I'm guessing it's classed as a non immigrant visa because it gives you the option of getting married in the USA but not needing to apply for AOS if the foreigner doesn't want to live in the states after being married. So I'm still not sure if I would be classed as a non immigrant until I apply for AOS or is it until I get approved AOS?

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Filed: Other Timeline

Yea it is abit confusing! I'm guessing it's classed as a non immigrant visa because it gives you the option of getting married in the USA but not needing to apply for AOS if the foreigner doesn't want to live in the states after being married. So I'm still not sure if I would be classed as a non immigrant until I apply for AOS or is it until I get approved AOS?

Again, you have a "NON IMMIGRANT VISA". If you don't get married in 90-days, you will violate the non-immigrant visa and you will have to return to your home country. You won't be considered an immigrant until after you get your green card.

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Filed: K-1 Visa Country: New Zealand
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You're not even reading my questions correctly ...first you tell me the wrong thing that it is considered an immigrant visa and now are giving me info on the process. I understand the process well. All I wanted to know was yes the K1 is considered a non immigrant visa until I have received my GC where it then becomes a conditional permanent residency. I'm new to this process and I try to carry out extensive research before I ask a question but occasionally mis read info. I appreciate your help with the links and your comments and I don't mean to be rude but I think if you're not sure yourself on the answer then you should leave it to someone who does.

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Filed: Other Timeline

You're not even reading my questions correctly ...first you tell me the wrong thing that it is considered an immigrant visa and now are giving me info on the process. I understand the process well. All I wanted to know was yes the K1 is considered a non immigrant visa until I have received my GC where it then becomes a conditional permanent residency. I'm new to this process and I try to carry out extensive research before I ask a question but occasionally mis read info. I appreciate your help with the links and your comments and I don't mean to be rude but I think if you're not sure yourself on the answer then you should leave it to someone who does.

So, do you understand it now, or do you want to continue with more mindless posts?

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Filed: K-1 Visa Country: Croatia
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Wow, reading comprehension issues.

Craig's (or Zoe's?) question, dumbed down for condescending *censored*:

1) You arrive on a K1. You get your I-94. Yours status is? One word answer, if possible. (My answer: No idea. Not an immigrant, not a visitor, but definitely there legally. Not sure if there's an actual name for it.)

2) You get married and file AOS. Your status? Again, a one word answer. (I think that's temporary protected status, but not sure how that works in terms of resident/non-resident or immigrant/non-immigrant or what the proper term is.)

3) You get your green card. Your status? (Congrats, you're now a lawful permanent resident.)

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Filed: K-1 Visa Country: Thailand
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Well heck, I'll take a turn at bat.

The fiance Visa goes something like this.

File the I-129 basically applying for a K-1

If approved you move to the Consulate stage where you interview and receive the actual K-1 in your passport.

The K-1 is a non immigrant visa because you have no grounds to file for residency.

The moment you enter the US at the POE, your K-1 which is a single entry visa is used and void.

The I-94 now becomes your status document. and is valid for 90 days.

When you marry within the 90 days, you now have grounds to file for permanent residency, by marrying a USC.

If you decide not to file for the AOS, and the I-94 expires, You are considered out of status. You are in the US illegally, and you start accumulating overstay.

Think of the K-1 as a tourist visa. You are traveling to the US for the purpose of marriage rather then tourism. Actually some do enter on tourist visa, marry and avoid the whole K-1 process. But entering with intent to marry is illegal and is a path you do not want to travel.

I see I missed one of your questions. In the time between filing the AOS and actually getting the green card, your NOA1 is your status document. You are in a grace period. technically you have no immigration status, but your pending application keeps ICE away from your doorstep.

Edited by slowlyman
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Once you enter on K-1 you have 90 days in which to marry, if you don't and you go back home, then that's the end of it. If you do marry, presumably you are still within the 90 day window. Now you file for AOS, once you do this, this grey area period of time in between filing and approval/receipt of green card is considered an period of extended stay authorized by the attorney general. Once you receive conditional GC you are a legal permanent resident. You must renew your card at one year and 9 months from the date on your card by filing for removal of conditions. once you receive your green card you are now legal permanent resident and this card is good for 10 years.

If you wish to file for citizenship you may do so at 2 years 9 months from the date of issue of your original green card. If you do not wish you become a citizen, you must then renew your green card every 10 years sending forms in 3 months prior to expiration.

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