Immigrant or Non-immigrant Visa?

[sweetnsalty 0]

Is the K1 an immigrant or non-immigrant visa? I did come across a few posts stating that it was a non-immigrant. However, when I was reading the reviews from UK's london embassy to prep my fiance... a few mentioned that they were given immigrant visa 'ticket numbers' for the wait during the interview. So, which is it?

I'm thinking that it indeed is the immigrant...

Edited October 27, 2006 by november6275

[kofuku 0]

K-1 is a non-immigrant visa.

[ucla_cutie26 0]

From what I've read it seems a k1 visa is a non-immigrant visa that is processed as an immigrant visa, whatever that means.

[YuAndDan 153]

K-1 and K-3 are Non-immigrant visas, that is why a person adjusts status in the states after arriving AOS is the process of changing from a non immigrant to an immigrant.

look at he USCIS site under non-immigrants you will find the K visas. http://www.uscis.gov/graphics/services/visas.htm

The CR-1 or IR-1 visa used for a spouse is an immigrant visa, and this has no AOS interview in the states.

[sweetnsalty 0]

Is it possible that it could be both? I just found this in the US Department of State website:

A Fiancé(e) Is Also an Immigrant

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

Although the heading of the document is: Nonimmigrant Visa for a Fiance(e) (K-1)

For those that have gone to the interview, did you wait as a nonimmigrant visa beneficiary or an immigrant visa beneficiary?!

I guess I just got my answer from the embassy's website. Perhaps it varies in each embassy.

The K1 visa is listed under immigrant visa's.

http://www.usembassy.org.uk/cons_new/visa/iv/fiance.html

(left side, under subheading immigrant visa, you will find that it states: K-1 Visa - for Fiancé(e)s)

[YuAndDan 153]

The embassies process the K visas in the same section as other immigrant visas, but technically the DOS and USCIS considers them to be non-immigrant visas. K visa beneficiaries need to fill out similar forms as immigrants also like DS-230 and DS-2001 but they also have to use forms like DS-156, DS-156K and I-134 which are forms related to non immigrants as the headings and instructions in them state.

Consider this if a fiance enters the USA using a K-1 visa and decides to not get married, the K-1 visa holder cannot adjust status, they remain a non-immigrant and have to return home just as if they were here on a visitors visa.

Edited October 27, 2006 by YuAndDan

[sweetnsalty 0]

Gotcha...

I wasn't sure whether to direct my fiance to the immigrant waiting line (usually around 20ppl) or the non-immigrant line (around 400ppl).

He tried out the non-immigrant travel visa and that didn't work out due to insufficient ties. This time around, ties are negligible. And the immigrant or intent to become an immigrant, aspect is apparent.

The whole 'getting approved yet not marrying' defeats the purpose of the visa, I reckon. (or at least the reason for them going through the hassle of approving it) I bet they try their 'utter best' to discern your relationship's grounds before approving or denying.

[lucyrich 20]

Yep, it's classified as a non-immigrant visa, but it's for people with immigrant intent, and is processed in many ways like an immigrant visa. In most consular sections, it's processed by the immigrant visa unit.

Think about it. A K-3 is a non-immigrant fiancee visa for an immigrating spouse. What other bureaucrazy could have come up with that?

[sweetnsalty 0]

Know what, I'm glad it falls under the gray area. I was afraid it was black & white to everyone else and that my googling skills were beginning to falter. Thanks for your replies! Seriously.

[a&o 4]

It is technically a non-immigrant visa, but processed through the immigrant visa sections. For most people at most embassies that is a good thing. Here in Ghana, though, the wait times and cues for immigrant visas is much, much longer than non-immigrant visas simply because they don't give too many non-immigrant visas.

This confused me, too, so thanks for the post!

[masterpiece 2]

Well i am glad it is processed as non-immigrant visa, at least in the Lagos Embassy although they have K1 visa listed under the immigrant visas on their website. The K1 visa fees are $100.00 so the embassy considers it as non-immigrant visa. DV visas and other immigrant visas have fees of about $335.00.