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Immigrant vs non immigrant K1 visa question

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hello folks,

Just curious after reading a few threads here.

I used to live in the USA earlier, and have an EB2 petition (i-140 stage) approved. Had to leave the US for a job in another country, and then found S, my fiance. He has filed for K1 visa for me and we are awaiting the NOA2 for many days.

K1 visa being non-immigrant visa, will my previous EB2 approved petition be an hindrance to the non-immigrant nature of this visa?

Any thoughts?


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No. The K-1 is technically a non-immigrant visa, but it has immigrant intent and K-1 visa interviews are conducted by the immigration units of the consulates. When checking on your status of the visa, you will choose 'immigrant visa' as well.

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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