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Steve Jean

K1 visa petition is a considered immigrant visa?

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Filed: K-1 Visa Country: Philippines
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Hi, i just want to ask, my ex fiance filed way back 2010 a K1 fiance visa but i didn’t continue the process cause i broke up with him. here’s is the exact questions in DS 160, has anyone filed an immigrant petition on your behalf with the USCIS? Should i put YES to this question or should i put NO since K1 is non immgrant visa.  Please help enlighten me, thank you. 

584D4659-0F3E-4249-9F6E-3DC434FBA96D.jpeg

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IF, you have "good reason" to believe that your ex-fiance filed a USCIS petition for you it would be in your best interest to "disclose" this information to the USCIS.  Even if you don't think that he actually filed the petition on your behalf it would still be in your best interest to "disclose" any information about your ex-fiance and your reason(s) to believe that he might have filed a petition for you in a letter to the USCIS about this.  Whatever, do not get caught in a discrepancy, lie memory lapse or else..., between sources for information about you.  Just my experience...

Best of luck!

Regards,

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Filed: Lift. Cond. (pnd) Country: Japan
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22 hours ago, Steve Jean said:

Hi, i just want to ask, my ex fiance filed way back 2010 a K1 fiance visa but i didn’t continue the process cause i broke up with him. here’s is the exact questions in DS 160, has anyone filed an immigrant petition on your behalf with the USCIS? Should i put YES to this question or should i put NO since K1 is non immgrant visa.  Please help enlighten me, thank you. 

584D4659-0F3E-4249-9F6E-3DC434FBA96D.jpeg

Hmm normally it is non immigrant but some (because I'm not sure if any counts as non-immigrant) embassies count it as an immigrant because it has an immigration intent. (When we are checking for the interview it shows it as immigrant)

 

I would actually ask the embassy which you're filing the ds-160 to. Just to be sure. 

Edited by Naes
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I'd suggest interpreting the questions literally. An I-129F is not an immigrant petition. It is handled by the immigrant visa unit at the embassy, though.

 

My fiancee said no and it was no issue. Several questions on the DS-160 aren't suited towards a K-1 visa since it's a general form for a non-immigrant visa. Either a "NO" (which I think is correct) or a "YES" with an explanation should be fine.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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