Is I-129F an immigrant visa petition?

[conny 0]

The I-129f is a petition that determines the eligibility for an alien to apply for a "K" visa. A "K" visa is a NON-immigrant visa.

So, are you saying he should answer No to question #36 then? Could they think that he's trying to hide the fact that I-129F was filed? After all, there aren't any other fileds in this form where this could be mentioned (other then indirectly in "is your fiance in the US?" field which he marked with yes).

[payxibka 10,045]

If I were filling out the form I would answer..... NO

[Gary and Alla 3,694]

I know I-130 is, but what about I-129F (K1 petition)? K1 itself is considered non-immigrant, but I have doubts on how to fill question #36 in DS-156 on another visa (F1) while K1 petition is pending. It reads:

36. Has anyone ever filed an immigrant visa petition on your behalf?

On one hand it's clear what they're trying to find out and it would make sense to tell them about K1 (which my fiance is going to do anyway), but on another hand K1 is non-immigrant and therefore the answer should be No. Am I right?

K-1 is a NON-immigrant visa. Some consulates treat as an immigrant visa (the ones that require the DS-230) Kiev is an odd duck. For the interview scheduling and interviews they treat it as an immigrant visa, but do not require the DS-230 form. They send you to the interview area for immigrant visas (thank you God) which has far less applicants and waiting time than non-immigrant visas. An immigrant visa would also require an I-864 rather than the I-134. Some consulates DO require the I-864. Kiev does not.

Immunizations, for example, are not required for NON-immigrant visas but ARE required for the adjustment of status

[Gary and Alla 3,694]

Of course they will see it, we have no intention to hide anything. But technically it's not an immigrant petition then why alert and confuse the consular officer by answering yes?

The corret answer to #36 is "No" (provided no one else ever filed an immigrant visa for him) YOU have not.

the answer should be NO...

36. Has anyone ever filed an immigrant visa petition on your behalf?

this is a past tense question, see the bolded word, its asking you, in your past, did anyone help you file for an immigrant VISA.

HelloWorld08, you probably misunderstood the situation so I wanted to clarify again - my fiance is not filing for K1 now, he's filing for F1 while our K1 is till pending. So the question is - do they consider my I-129F an immigrant visa petition for the purposes of F1 application or not?

The answer is "NO"

[conny 0]

I know I-130 is, but what about I-129F (K1 petition)? K1 itself is considered non-immigrant, but I have doubts on how to fill question #36 in DS-156 on another visa (F1) while K1 petition is pending. It reads:

36. Has anyone ever filed an immigrant visa petition on your behalf?

On one hand it's clear what they're trying to find out and it would make sense to tell them about K1 (which my fiance is going to do anyway), but on another hand K1 is non-immigrant and therefore the answer should be No. Am I right?

K-1 is a NON-immigrant visa. Some consulates treat as an immigrant visa (the ones that require the DS-230) Kiev is an odd duck. For the interview scheduling and interviews they treat it as an immigrant visa, but do not require the DS-230 form. They send you to the interview area for immigrant visas (thank you God) which has far less applicants and waiting time than non-immigrant visas. An immigrant visa would also require an I-864 rather than the I-134. Some consulates DO require the I-864. Kiev does not.

Immunizations, for example, are not required for NON-immigrant visas but ARE required for the adjustment of status

Gary, having said that I haven't filed the petition for immigrant visa even if they treat K1 as such for interview purposes - I have filed I-129F which as payxibka points out is a petition to establish eligibility and not K1 petition itself (which I understand my fiance would need to file only if we receive NOA2).

Thanks for your comments.

Edited July 1, 2009 by conny

[Gary and Alla 3,694]

I know I-130 is, but what about I-129F (K1 petition)? K1 itself is considered non-immigrant, but I have doubts on how to fill question #36 in DS-156 on another visa (F1) while K1 petition is pending. It reads:

36. Has anyone ever filed an immigrant visa petition on your behalf?

On one hand it's clear what they're trying to find out and it would make sense to tell them about K1 (which my fiance is going to do anyway), but on another hand K1 is non-immigrant and therefore the answer should be No. Am I right?

K-1 is a NON-immigrant visa. Some consulates treat as an immigrant visa (the ones that require the DS-230) Kiev is an odd duck. For the interview scheduling and interviews they treat it as an immigrant visa, but do not require the DS-230 form. They send you to the interview area for immigrant visas (thank you God) which has far less applicants and waiting time than non-immigrant visas. An immigrant visa would also require an I-864 rather than the I-134. Some consulates DO require the I-864. Kiev does not.

Immunizations, for example, are not required for NON-immigrant visas but ARE required for the adjustment of status

Gary, having said that I haven't filed the petition for immigrant visa even if they treat K1 as such for interview purposes - I have filed I-129F which as payxibka points out is a petition to establish eligibility and not K1 petition itself (which I understand my fiance would need to file only if we receive NOA2).

Thanks for your comments.

Conny, no matter how the consulate "treats" it, the K-1 is NOT an immigrant visa. You have not, and never will, file a petition for an immigrant visa for your fiance. The only visa you could petition for, that would be an immigrant visa, is the CR-1 and for that he would have to be your husband, not your fiance.

The question on the F-1 asks if any one has ever petitioned an immigrant visa for him. The answer is "NO". YOU petitioned a NON-immigrant visa for him.

You seem to be getting your terms confused. A petition is a request by one person for another person to be allowed to apply for a visa. Your fiance will submit an applicationfor a K-1 after your petition is approved.

In any case the correct answer for the question "Has anyone ever petitioned an immigrant visa on your behalf?" is NO.

Conny, I know you are in a hurry and want to do something quickly, but being hasty in answering questions on forms will only create more delays. Take a breath. He should answer "NO" to question 36. If they ask about the fiance visa, he should be honest and direct about his plans and purpose for the F-1 visa. There is nothing diabolical or underhanded about your case, you are doing nothing wrong. He is trying to protect his investment in education, and fully aware of the responsibilities under the K-1 and willing to meet those responsibilities.

And I will say again, the consulate does not care about his investment in education and whether they approve an F1 or not will not be sympathy based. The school you paid the money to has a much better incentive to work with you on the money paid toward the next semester.

[B U T T E R F L Y 0]

An I-129F K-1 Visa is a NON-IMMIGRANT visa.

[Marina-Del 10]

As Gary said, the answer to the question is No, but you could always put a little note to the side and explain that you are in the process of applying for a K-1 visa....