Non-Immigrant Visa- Why?

[Lena & Sasha 0]

Maybe this is a silly question... buy why is a K1 visa NOT considered to be an immigrant visa? Or is it and I'm just really confused? I was looking over the KEV 1 checklist and there are different requirements for immigrant visas and K visas, correct? I just need to clear this up because my lawyer told me that my fiance needs to fill out DS-230 but I think only those getting immigrant visas need to fill that out.

Thank you!

[KimandRuss 0]

Well, the visa is what gets you in the Country. Your marriage is what allows you to adjust status and immigrate.

A K-1 visas are 'generally viewed' as having dual intent characteristics for the purpose of entering the U.S. You have non-immigrant status until you marry your USC fiance.

[Bobby+Umit 161]

Yes, it is strange.

But on a K-1, they are coming to Marry, not immigrate.

If they don't marry, they have to go back within 90 days.

If it was an immigration visa, then they could not hold you to the 90 day thing.

Yes - she will have to fill out the DS-230 - check the guides above

[KimandRuss 0]

I should add that the Embassy will usually treat the K-1 as if it is an immigrant visa because the purpose, afterall, is to immigrate. That's why the same forms are needed.

[YuAndDan 153]

I should add that the Embassy will usually treat the K-1 as if it is an immigrant visa because the purpose, afterall, is to immigrate. That's why the same forms are needed.

Correct, the embassy or consulate processes K-Visas through their immigrant visa unit, doing the more extensive name checks for an immigrant, and they apply the same level of inadmissibility standards to the K-Visa as they do to other immigrants. They also interview the K-Visa beneficiary as if they are immigrating. Because of this level of checks ate the consulate, many K-Visas when adjusting status get approved without an interview.

[Marty J 0]

The visa only allows you to enter the US for 90 days with the intention to marry. It doesn't allow you to live in the US indefinitely, though immigrant intent is presumed. It's not treated the same as a non-immigrant visa though. If it were, I'd be able to go to the Consulate in Belfast where they process non-immigrant visas. Instead, I have to go to London where they process immigrant visas.

[rebeccajo 14]

Just for clarification -

A K1 visa isn't regarded as 'dual intent' by the Service. There are some categories of visas which actually are codified in the INA as being both non-immigrant and immigrant.

[pushbrk 12,969]

Just for clarification -

A K1 visa isn't regarded as 'dual intent' by the Service. There are some categories of visas which actually are codified in the INA as being both non-immigrant and immigrant.

Terms have meaning and the term "dual intent" does not apply to a K1 visa. K1 is a non-immigrant visa with a path to immigration. It is unique. As such it is generally handled in the "immigrant visa" unit at Consulates abroad.