Online Nonimmigrant Visa Application (DS-160) for K-1

[banjoruth 8]

Hello, we are applying for a k-1 fiance visa. My fiance lives in Vietnam and we recently had our I-129f approved and forwarded to HCMC consulate

We were asked to fill out form DS-160. We submitted the form online. Now I realize this is a form for a non immigrant visa. Was this the proper form to use? She is coming to the US to marry me and stay, why would they request us to fill out the non immigrant visa form?.

[VFittipaldi 30]

Because she is getting a one time entry Non-immigrant visa. Which is what the K1 is. You filled out the right form.

She is coming to the US and has 90 days to marry you and apply for adjustment of status which is basically the paperwork to become and immigrant to the US, with this paperwork she is going to be getting a Green Card and becoming an "immigrant" if you will.

With the K1 visa she gets nothing but a one time entry to the US, that is why it is a non-immigrant visa.

So the steps are:

#1: You have to get married anywhere in the world to apply for adjustment of status (AOS). Since you did not do this in Vietnam the US government allows you to use a K1 visa to get married in the States. That is the purpose of the K1, to get her here for the wedding that is why its a non immigrant because if you don't meet all of the requirements of the AOS she can not stay here in any way.

#2: Apply for AOS so that she can stay permanently in the US and now she becomes an "Immigrant" and can stay here.

I hope this somewhat makes sense.

Congratulation to you!

Edited September 14, 2014 by VFittipaldi

[Girl from Celebes 588]

Hello, we are applying for a k-1 fiance visa. My fiance lives in Vietnam and we recently had our I-129f approved and forwarded to HCMC consulate

We were asked to fill out form DS-160. We submitted the form online. Now I realize this is a form for a non immigrant visa. Was this the proper form to use? She is coming to the US to marry me and stay, why would they request us to fill out the non immigrant visa form?.

Yes. All K-1 visa applicants are required to fill out DS-160 form online. Technically K-1 visa is a non-immigrant visa but also they threated as an immigrant visa at embassy. Most of times K-1 visa applicant got married within 90 days (non-immigrant visa) and adjust the status afterwards.

But a few people don't stay after got married on K-1 visa and go back to their home country. The reason why because many people wanted to get married in the US but they don't get approval for B-2 visa. Since many people abused of B-2 visa purposes, that's why they have created K-1 visa that serves two purposes, get married in the US and adjust of status afterwards ( if they wanted to).

[Rossa 3]

Because she is getting a one time entry Non-immigrant visa. Which is what the K1 is. You filled out the right form.

She is coming to the US and has 90 days to marry you and apply for adjustment of status which is basically the paperwork to become and immigrant to the US, with this paperwork she is going to be getting a Green Card and becoming an "immigrant" if you will.

With the K1 visa she gets nothing but a one time entry to the US, that is why it is a non-immigrant visa.

I hope this somewhat makes sense.

You are right, it makes sense. But people are sometimes confused about what type of visa K1 is, because for example when you check visa status (CEAC status) this visa is under the immigrant visa.

[VFittipaldi 30]

You are right, it makes sense. But people are sometimes confused about what type of visa K1 is, because for example when you check visa status (CEAC status) this visa is under the immigrant visa.

Yes that is true. Some official sites say Non-immigrant and some say Immigrant. I have no idea why. Ultimately they are sure that that person will stay there forever so maybe that's why they also call it immigrant, who knows.

[tj123 0]

Hello, we are applying for a k-1 fiance visa. My fiance lives in Vietnam and we recently had our I-129f approved and forwarded to HCMC consulate

We were asked to fill out form DS-160. We submitted the form online. Now I realize this is a form for a non immigrant visa. Was this the proper form to use? She is coming to the US to marry me and stay, why would they request us to fill out the non immigrant visa form?.

As I understand it....the completion of the DS-160 is OK and needed for the Fiance I-129f.

I am sure others will respond.

We are waiting patiently for the NOA2...

Our NOA1 date was June 4th...

the interview will be in Bangkok...after NOA2 approval...hopefully in November....

and get married in USA by end of December .

Good luck to you...

Tj

[Girl from Celebes 588]

You are right, it makes sense. But people are sometimes confused about what type of visa K1 is, because for example when you check visa status (CEAC status) this visa is under the immigrant visa.

That's why when an applicant receives email or mail usually from IV Unit at embassy or known as Immigrant Visa Unit. For information purpose for others, when a beneficiary gets assigned a number from NVC then started check the status on CEAC under immigrant visa box.

Edited September 14, 2014 by Girl from Celebes

[ISBJORN10 5]

Hello, we are applying for a k-1 fiance visa. My fiance lives in Vietnam and we recently had our I-129f approved and forwarded to HCMC consulate

We were asked to fill out form DS-160. We submitted the form online. Now I realize this is a form for a non immigrant visa. Was this the proper form to use? She is coming to the US to marry me and stay, why would they request us to fill out the non immigrant visa form?.

It is NON IMIGRANT VISA with imgration intent

there is huge different betweent intent to immigrate and immigration intent

like for example if at POE the officer think that you have immigration intent while visiting on a b2 visa he will deny your admission

and for example if you are visiting your fiance on b2 visa while waiting I129F approval or after, that will be a visit but you already have intent to immigrate which is ok at POE

I hope you got the point