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Question on DS-160 Renewal

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Filed: AOS (pnd) Country: Belarus
Timeline

Hello all! Somewhat strange question here, but I'm looking ahead to how my fiancee might get her B2 visa renewed and be able to visit me in the US. She's already used it twice to visit me before we filed the I-129F. When renewing a B2 visa, I understand she'll need to fill out a new DS-160 (at least, this is the apparent process for Minsk). In the DS-160 there is question asking if anyone has ever filed an immigrant petition on your behalf with USCIS. What is the proper answer to this question? There is, thankfully, a part to explain the answer below, in which she would clarify it was the I-129F for the K1.

 

Yet, isn't it true that the K1 is technically non-immigrant, and immigrant intent isn't established until the adjustment of status? I don't see anything wrong with her answering 'yes' to the question and then explaining it below (as there was something filed with USCIS, albeit not immigrant), but I'm just not sure what the correct legal answer would be. Thank you in advance!

K-1 Visa Process: Complete 

I-129F Sent: 03/16/2021

I-129F Picked Up from Dallas Lockbox: 03/18/2021

NOA1: Received 03/17/2021 (backdated); notice date 04/08/2021

NOA2: 2/18/22 

NVC Received: 03/08/2022

NVC Case Number: 03/17/2022

Interview: 06/06/2022 —> Approved!

Wedding: 08/02/2022 🥳
 

AOS Process

I-435/I-765/I-131 Sent: 08/09/2022

I-435/I-765/I-131 Picked up from Chicago PO Box: 08/10/2022

Priority Date: 08/10/2022 (NBC)

I-864 RFE: 08/25/2022

Biometrics: 09/08/2022 

Active Reviews: 09/08/2022 (EAD), 09/09/2022 (AOS)

RFE Response Sent: 09/15/2022

EAD / AP Approval: 06/06/2023 (approval notice in portal, no status update)

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I previously filed an I-129F petition for my wife and when she completed the DS-160 recently she answered "yes" to that question and included details for the petition (USCIS receipt date, receipt number, approval date, NVC case number, visa number, issuance date, etc.). It's true that the K1 is a nonimmigrant visa, but then again it is handled by the Immigrant Visa Unit. Given that, plus the fact that in our case we had started Adjustment of Status from that visa before abandoning it in favor of the CR-1/IR-1, we felt it was appropriate to answer "yes" and explain more below.

 

However, I can't tell you what the CO thought of that since there are no B2 visa interviews happening right now in Ecuador.

 

 

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I remember that I actually corrected my DS-160 for the K1 cause I first had answered yes and corrected it to no. The K1 is a non-immigrant visa and so is the petition for it even if it gets handled by the IV unit.

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Filed: AOS (pnd) Country: Belarus
Timeline
On 6/5/2021 at 9:33 PM, Letspaintcookies said:

I remember that I actually corrected my DS-160 for the K1 cause I first had answered yes and corrected it to no. The K1 is a non-immigrant visa and so is the petition for it even if it gets handled by the IV unit.

Hm, thank you for your response! I still see very split answers to this question, perhaps I'll ask in the main K1 thread. The more I'm looking into this, the consequences of saying 'yes' to the immigrant petition question is probably quite significant when applying for the B2, even if it's clearly explained in the box afterward. Because nothing in the K1 process thus far has asked us about immigrant intent (as it's not an immigrant visa), I'm more and more convinced the answer is 'no'. Thank you!

K-1 Visa Process: Complete 

I-129F Sent: 03/16/2021

I-129F Picked Up from Dallas Lockbox: 03/18/2021

NOA1: Received 03/17/2021 (backdated); notice date 04/08/2021

NOA2: 2/18/22 

NVC Received: 03/08/2022

NVC Case Number: 03/17/2022

Interview: 06/06/2022 —> Approved!

Wedding: 08/02/2022 🥳
 

AOS Process

I-435/I-765/I-131 Sent: 08/09/2022

I-435/I-765/I-131 Picked up from Chicago PO Box: 08/10/2022

Priority Date: 08/10/2022 (NBC)

I-864 RFE: 08/25/2022

Biometrics: 09/08/2022 

Active Reviews: 09/08/2022 (EAD), 09/09/2022 (AOS)

RFE Response Sent: 09/15/2022

EAD / AP Approval: 06/06/2023 (approval notice in portal, no status update)

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If she would get asked at some point if she has an immigrant intend then she would honestly answer that you're in the process of getting her a k1 so she can come here, marry you and file for AOS but since the I-129 and the K1 don't come with an immigration benefit the answer to that question on the DS-160 is no. She'll answer the same on the DS-160 when she files for the K1.

 

It would be different if you would have filed the I-130 for a CR1 since that is an immigration visa.

Edited by Letspaintcookies
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