K1 an immigrant or non-immigrant visa?

[Richard-Joanna 1]

Almost everywhere I read that a K1 is a non-immigrant visa, but some places I read it is an immigrant visa (which makes more sense to me) but which is it?

I am not sure if this is the right forum to post this... but you can always move it

Richard

[sara..... 371]

Almost everywhere I read that a K1 is a non-immigrant visa, but some places I read it is an immigrant visa (which makes more sense to me) but which is it?

I am not sure if this is the right forum to post this... but you can always move it

Richard

uff u have just asked the million dollar question......k1 is seen as non immigrant visa or at least thats what the government web site says it is but for the most part from what i have seen on here about the only difference between it and immigrant visa is one MORE MONEY lol, two u only have to give the a more simple support document and no proof of marraige to the person ur bringing to the states........seems the questions at the embassy are just as hard and ur looked at maybe even closer than the immigrant visa for proof of relationship.....ok i just made a mess out of an easy answer but yes its a non immigrant visa

[TBoneTX 45,522]

Sara is right. The K-1 is a nonimmigrant visa with immigrant intent, sometimes referred to by lawyers as a "hybrid" visa. The status of the PERSON changes throughout the steps of the process. K-1s are processed by the Immigrant Visa Units of consulates.

[YuAndDan 153]

K-Visas are NON-Immigrant, however have immigrant intent.

Because they are NON-Immigrant, they fill out DS-156, or DS-160 and use I-134 at the visa interview. But because thae have immigrant intent, they are required to have a medical done, and are handled by the Immigrant Visa Unit at the consulate.

Later when entering the USA they can adjust status from NON-Immigrant to IMMIGRANT. Note only IMMIGRANTS get Green-card upon entry.

[Richard-Joanna 1]

I find this very interesting...

This question is coming from the fact that I am trying to get a tourist visa for my SO in Warsaw when I go there next week. On the DS-156 form question #36 says Has anyone ever filed an immigrant visa petition on your behalf? I had her click NO, since I was under the understanding that the K1 was a NON-immigrant visa. I argued with my congressman that it was a NON-immigrant and they were telling me it was an immigrant visa.

To make sure the State Department doesn't think she is committing some sort of immigration fraud, we did check the box that said she had a US citizen as a fiancee and I am printing everything I can find that calls the K1 a NON-immigrant visa for her to bring with her to the interview

Government.... go figure

the letter that comes from the US Embassy in Warsaw, Poland (packet 3) says this.

INSTRUCTIONS FOR IMMIGRANT/FIANCE(E) VISA APPLICANTS

We have received evidence entitling you to immigrant/fiance(e) visa status. While no assurance can be given regarding the date of your visa interview, please take the following steps. PLEASE MAKE EVERY EFFORT TO USE E-MAIL OR FAX TO COMMUNICATE WITH US. THE E-MAIL ADDRESS AND FAX NUMBER ARE GIVEN ON THE NEXT PAGE.

FIRST: Complete and send immediately via mail, e-mail or fax to the consular office processing your case the enclosed Form DS-230 Part I, APPLICATION FOR IMMIGRANT VISA AND ALIEN REGISTRATION (Biographic Data). The consular office cannot process your case until this form is received.

Yet the US Embassy in Australia (packet 3) says this.

VISA INSTRUCTIONS FOR FIANCE(É) NONIMMIGRANT VISA APPLICANTS

We have received a petition entitling you to K-1 nonimmigrant visa classification as an alien proceeding to the United States to marry an American citizen. To prepare for your interview appointment with a consular officer, please read and follow carefully the instructions below.

1. Complete and return immediately to this office the enclosed form DS-230I, Immigrant Visa Application Part I, Biographic Data. We cannot process your case until this form is received.

2. Fill out two copies and sign forms DS-156, Nonimmigrant Visa Application. Please refer to the attachment regarding the Electronic Visa Application Form (EVAF). If your children will apply with you, two copies of forms DS-156 for each child must be completed in full, including photograph.

Form DS-156(K), Nonimmigrant Fiancé(e) Visa Application: All questions must be answered

[sara..... 371]

lol now see our congressman for a long time would not even ask csc about ur petition because i was told they deal with only immigrant visas and ours was NOT an immigrant visa lol

government gotta love them cuz we have nothing else to choose from lol

[Richard-Joanna 1]

I didn't ask them to look into our K1 since I have only recently filed. I did ask them to do something about the tourist visa. Their response was that they could not over rule a CO decision, but they would write a letter to the Embassy asking that they give my SO's application every consideration under the law and to review the evidence (which was not looked at the first time) in determining the eligibility. I am hopeful that this letter will carry some weight although I am not holding my breath.

They did say regarding my K1 that they would 'inquire; with the USCIS and the VCS to get the status and every 30 days there after they would also inquire as of the status helping insure that it didn't sit on someone's desk too long... but admittedly they said there was really nothing more they could do... so if and when the time is right, I will ask them to do what they can.

Richard

[iLoveAPolishGirl 0]

Hey Richard,

The instructions from the Warsaw embassy are for BOTH a K-1 AND other immigrant visas. The instructions from the other embassy are obviously focused just on the K-1. Warsaw treats K-1's essentially the same as immigrant visas, however just by the title of that page alone, there is an obvious distinction being made (e.g. that there are immigrant visas and then there is the Fiancee visa.)

Since K-1 is officially classified as a nonimmigrant visa, then I would not check the question about immigrant visas either.

K-1 is a nonimmigrant visa because it only grants entry for 90 days. An AOS must be next filed to adjust to immigrant status.

dvc

[Richard-Joanna 1]

I read and reread the form from the US Embassy 40 times I think, before I figured that out

Thanks