DS-156 question, non-typical case

[Kev0 0]

Hoping for some clarification on this.

I've previously petitioned her under K-1, she was granted the visa. It went unused, was surrendered to the embassy, "cancelled without prejudice" stamped on it.

K-1 seems to be both immigrant and non-immigrant.

Question 36 becomes fuzzy at this point. Strictly, if it's a non-immigrant visa, then the answer is no even for us. But as it is often counted as an immigrant visa... not sure...

[Oksana & Max 94]

Based on the State Department Classification while K-1 requires Medical Examination like for immigrant visa, it is still classified as non-immigrant visa, since it doesn't give you any benefits upon arrival. So I would mark it as NO.

[Cathi 5,694]

k 1 is a non immigrant visa..it is never used as an immigrant visa

[JimVaPhuong 4,863]

K1 is a non-immigrant visa that allows for immigrant intent. It's not an immigrant visa, so obtaining one wouldn't mean you'd have to answer "yes" to question 36. The immigrant intent is why consulates handle the screening process more like immigrant visas.