k1 visa holders

[Donna and Ali 0]

hi visa journey,

just wondering about something concerning this terms.

my questions are simple:

1) is a k1 visa holder considered a LAWFUL NON-IMMIGRANT (since k1 is a non-immigrant visa type) ?

2) whats the difference between a LAWFUL NON-IMMIGRANT and NON-IMMIGRANT ?

3) what would your status be at the time you are married but prior the time you received your green card ?

any help will be appreciated...thx.

[Krikit 1,164]

1) is a k1 visa holder considered a LAWFUL NON-IMMIGRANT (since k1 is a non-immigrant visa type) ?

Yes

2) whats the difference between a LAWFUL NON-IMMIGRANT and NON-IMMIGRANT ?

Depends on context. Do you have a link or a reference?

3) what would your status be at the time you are married but prior the time you received your green card ?

You are a K-1 non-immigrant visa holder pending adjustment of status. You are only in a pending status if you have filed for AOS, though. If you have neglected to file for the AOS and your I-94 has expired then you are a K-1 non-immigrant visa holder who is out of status.

Edited March 31, 2009 by Krikit

[Gary and Alla 3,694]

hi visa journey,

just wondering about something concerning this terms.

my questions are simple:

1) is a k1 visa holder considered a LAWFUL NON-IMMIGRANT (since k1 is a non-immigrant visa type) ?

2) whats the difference between a LAWFUL NON-IMMIGRANT and NON-IMMIGRANT ?

3) what would your status be at the time you are married but prior the time you received your green card ?

any help will be appreciated...thx.

1.Well, they are definitely "lawful" and they are a "no-immigrant" though they are treated as an "intending immigrant".

2. Redundant question. There would be no difference. There is a difference between "lawful" and "unlawful" but it is not a concern with a K-1 visa holder

3. Same, if the I-94 is still valid. "AOS pending" (provided you have filed for AOS). If the I-94 is expired and you have not filed for AOS, status is "Out of Status"

Just to be clear, the K-1 visa is CANCELLED upon entry to the USA. It is replaced by the I-94 with a 90 day validity.

Until the time the I-94 expires and AOS is applied for, the K-1 visa holder is basically a "visitor with benefits". The K-1 has the benefit of being able to apply for AOS, a visitor visa holder does not have that privilege (well, they do in some case but that's a whole 'nother story) and the K-1 holder can get an SSN. By the way, the State Department instructs consulates NOT to tell the K-1 holders that they can apply for an SSN, but they can.

In any case, if the rules and agreements are followed a K-1 holder is always "lawful"

[TBoneTX 45,299]

After entry with the K-1 visa, and after marriage and AOS application but before approval of AOS, "adjustment applicant" is a concise term that can be used. Be prepared to expand this to "applicant for adjustment of status" if someone doesn't initially understand.