Is the K-1 an IMMIGRANT or NON-IMMIGRANT Visa?

[KGSodie 0]

This is a basic question, I'm certain, but doing searches here on VJ seems to give conflicting information. At first I thought the K-1 was clearly a non-immigrant visa (it's listed on the USCIS site in the non-immigrant section), but the embassy website for Moscow lists the K-1 visa information in the immigrant section. Hence my confusion.

My question is one more of curiosity than anything, but I do realize the distinction between these two types of visas is important. There is also a question on the DS-156 form for 'Has anyone ever filed an immigrant visa petition on your behalf?' an I'm curious if prior K-1 visa petitions filed for a beneficiary should be listed here.

Thanks!

[YuAndDan 153]

ALL K-Visas are NON-Immigrant. They adjust status in the USA from NON to Immigrant by filing form I-485.

NON-Immigrants use form I-134 instead of I-864 for the visa, and NON-immigrants are not required to be vaccinated before receiving the visa.

The "Has any one filed an immigrant visa petition" question is NO for K-1, but is YES for K-3 DS-156 form. K-1 only has I-129F filed which is NON-Immigrant, but K-3s have I-130 filed which is an immigrant visa petition.

[~Laura and Nick~ 5]

I believe it really is.

It's a one time entry visa on the purpose of getting married and living in the states. What is that other than immigrating to the States?

Work visas, travel visa, etc. are non-immigrant visas, you aren't intending to live there permanently, just stay for awhile for work or visiting.

Moving to another country to marry or because you are married and staying there, to me, indicates immigrating to the U.S.

I think they need to change the definition.

[YuAndDan 153]

I believe it really is.

It's a one time entry visa on the purpose of getting married and living in the states. What is that other than immigrating to the States?

Work visas, travel visa, etc. are non-immigrant visas, you aren't intending to live there permanently, just stay for awhile for work or visiting.

Moving to another country to marry or because you are married and staying there, to me, indicates immigrating to the U.S.

I think they need to change the definition.

K-Visas are NON immigrant with immigrant intent.

K-1 visa allows a person to enter the country marry and then adjust status to immigrant, they are not an immigrant unless they marry, file adjustment, and receive green-card. Immigrants receive green-card NON-Immigrants do not.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

[~Laura and Nick~ 5]

K-Visas are NON immigrant with immigrant intent.

K-1 visa allows a person to enter the country marry and then adjust status to immigrant, they are not an immigrant unless they marry, file adjustment, and receive green-card. Immigrants receive green-card NON-Immigrants do not.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

I understand they are classified as non-immigrant, I was just noting that I think they SHOULD be classified as immigrant

The whole entire grounds of coming here on the K1 is to get married, that is what you are swearing to do when you file. It's stupid.

Edited January 17, 2008 by ~Laura and Nick~

[eric_and_teresa 10]

I understand they are classified as non-immigrant, I was just noting that I think they SHOULD be classified as immigrant

The whole entire grounds of coming here on the K1 is to get married, that is what you are swearing to do when you file. It's stupid.

Yes, you are swearing that you'll get married in the U.S. but that does not necesarily mean you will reside in the U.S. after the wedding. After you getting married you could as well decide to go live on the foreign fiance's country or move to a third country.

[~Laura and Nick~ 5]

I understand they are classified as non-immigrant, I was just noting that I think they SHOULD be classified as immigrant

The whole entire grounds of coming here on the K1 is to get married, that is what you are swearing to do when you file. It's stupid.

Yes, you are swearing that you'll get married in the U.S. but that does not necesarily mean you will reside in the U.S. after the wedding. After you getting married you could as well decide to go live on the foreign fiance's country or move to a third country.

Yes, you are right there

[payxibka 10,045]

K-Visas are NON immigrant with immigrant intent.

K-1 visa allows a person to enter the country marry and then adjust status to immigrant, they are not an immigrant unless they marry, file adjustment, and receive green-card. Immigrants receive green-card NON-Immigrants do not.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

I understand they are classified as non-immigrant, I was just noting that I think they SHOULD be classified as immigrant

The whole entire grounds of coming here on the K1 is to get married, that is what you are swearing to do when you file. It's stupid.

In order to be classified as an family based immigrant visa (and qualify for permanent residency upon arrival) you must establish a qualifying family relationship... For an I-129F petition for fiance(e) that is not possible since no family relationship exists... therefore it can only be a non-immigrant visa..... It is not stupid it is actually quite logical. If not I presume we would see incredible abuses as the possibility exists that many would enter, get the permanent residency and never marry....

Edited January 17, 2008 by fwaguy

[~Laura and Nick~ 5]

In order to be classified as an family based immigrant visa (and qualify for permanent residency upon arrival) you must establish a qualifying family relationship... For an I-129F petition for fiance(e) that is not possible since no family relationship exists... therefore it can only be a non-immigrant visa..... It is not stupid it is actually quite logical. If not I presume we would see incredible abuses as the possibility exists that many would enter, get the permanent residency and never marry....

Also true, I never thought of it like that

I stand corrected.

[KGSodie 0]

Thanks for all the input, everyone. It's very clear (and logical) to me now!

[mox 298]

What makes it even more confusing is that even the consulates are not clear on the concept. For example if you go to the US Embassy in Moscow, then to the Visa Services section, you will find Fiance Visas under the Immigrant Visas section. Go figure.

[~Laura and Nick~ 5]

Thanks for all the input, everyone. It's very clear (and logical) to me now!

Thanks to me stating my stupid opinion! LOL

[athena_ny 1]

I believe it really is.

It's a one time entry visa on the purpose of getting married and living in the states. What is that other than immigrating to the States?

Work visas, travel visa, etc. are non-immigrant visas, you aren't intending to live there permanently, just stay for awhile for work or visiting.

Moving to another country to marry or because you are married and staying there, to me, indicates immigrating to the U.S.

I think they need to change the definition.

It's non-immigrant with immigrant intent. If it was "really" an immigrant visa, then no AOS would be necessary. Also, ridiculously high numbers of K-1 visas are never activated or never make it to AOS. If the K-1 became a green card upon entry, I think we'd see a whole new level of fraud.

Edited January 17, 2008 by athena_ny

[YuAndDan 153]

What makes it even more confusing is that even the consulates are not clear on the concept. For example if you go to the US Embassy in Moscow, then to the Visa Services section, you will find Fiance Visas under the Immigrant Visas section. Go figure.

ALL consulates and embassies process the K-Visas through their immigrant visa unit because the K-Visas have immigrations intent involved with them, so they give them the same level of processing as that of immigrants.

A Fiancé(e) Is Also an Immigrant

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

http://travel.state.gov/visa/immigrants/ty....html#Immigrant

[~Laura and Nick~ 5]

I believe it really is.

It's a one time entry visa on the purpose of getting married and living in the states. What is that other than immigrating to the States?

Work visas, travel visa, etc. are non-immigrant visas, you aren't intending to live there permanently, just stay for awhile for work or visiting.

Moving to another country to marry or because you are married and staying there, to me, indicates immigrating to the U.S.

I think they need to change the definition.

It's non-immigrant with immigrant intent. If it was "really" an immigrant visa, then no AOS would be necessary.

lol yep, I understand that now