K1 visa classification

[yukfou 0]

I am sure this question has been asked before so I tried to find the right answer but I can't. Is k1 immigrant or non immigrant visa? The customs website says its a immigrant visa, here is the link http://www.cbp.gov/xp/cgov/travel/id_visa/...sa_adrecord.xml

and the U.S department of state says its a non immigrant visa, here is the link http://travel.state.gov/visa/immigrants/ty...types_1315.html

So who is right? Upon my arrival I have to fill out I-94 so should I say immigrant or non immigrant? I am a little confused. So all k1 filers.....is k1 immigrant or non immigrant visa? Thanks.

[ED*Riza 0]

I am sure this question has been asked before so I tried to find the right answer but I can't. Is k1 immigrant or non immigrant visa? The customs website says its a immigrant visa, here is the link http://www.cbp.gov/xp/cgov/travel/id_visa/...sa_adrecord.xml

and the U.S department of state says its a non immigrant visa, here is the link http://travel.state.gov/visa/immigrants/ty...types_1315.html

So who is right? Upon my arrival I have to fill out I-94 so should I say immigrant or non immigrant? I am a little confused. So all k1 filers.....is k1 immigrant or non immigrant visa? Thanks.

it is a non immigrant visa..

[Nagishkaw 510]

Non immigrant.

[yukfou 0]

Any other votes for non immigrant?

[william_wallace 8]

Any other votes for non immigrant?

Yep, its non immigrant.

[BigCityDave 0]

It appears the answer is clear.

[pushbrk 13,877]

It appears the answer is clear.

K1 is clearly a non-immigrant visa but that's not the whole story. Because K1 has a path to immigration, they are processed at Consulates by the immigrant visa unit and dealt with at the POE as if the visa holder is immigrating.

You pay the non-immigrant visa fee and enter without permanent resident status.

Immigrant visa holders pay the immigrant visa fee and enter with permanent resident status.

[CourtAndGrey 0]

It appears the answer is clear.

K1 is clearly a non-immigrant visa but that's not the whole story. Because K1 has a path to immigration, they are processed at Consulates by the immigrant visa unit and dealt with at the POE as if the visa holder is immigrating.

You pay the non-immigrant visa fee and enter without permanent resident status.

Immigrant visa holders pay the immigrant visa fee and enter with permanent resident status.

Exactly. I know at the US Embassy in Costa Rica, the K1 is treated as an immigrant visa (meaning you stand in those lines, take Immigrant Visa seeking numbers, and talk to the Immigrant Visa folks).

Seems its not quite as cut and dry as one should think.

[sara..... 371]

its non immigrant visa but all know that it will be immigration in the end thats one reason why the embassy's treat it like a immigrant visa......at least thats what i think

[yukfou 0]

Thanks for clearing it up team. Non immigrant it is! so if any one calls me a dang immigrant they are going to get it

[aleena 0]

Thanks for clearing it up team. Non immigrant it is! so if any one calls me a dang immigrant they are going to get it

You are an immigrant...lol

K1 is a non-immigrant visa with the immigration intent

you eneter as a non-immigrant but at the same time you have to comply with some requirements for immigrant visas (medical, POE) becasue you will eventually become an immigrant after your AOS...

si i would say it is somewhere in between...