Immigrant classifications

[Sekhvaruli 74]

Yea it is abit confusing! I'm guessing it's classed as a non immigrant visa because it gives you the option of getting married in the USA but not needing to apply for AOS if the foreigner doesn't want to live in the states after being married. So I'm still not sure if I would be classed as a non immigrant until I apply for AOS or is it until I get approved AOS?

You are guessing correctly - K-1 visa is a non immigrant visa - but with immigration intentions. Meaning that one is allowed to have those intentions when applying and being interviewed for that visa. A little weird, yes, but it's because a K-1 visa holder is supposed to go back to his/her country unless they marry.

[Kelli/Ozzy 8]

I believe but I'm not positive. at first you are a non immigrant until marriage. from the point of marriage until the AOS you would be referred to as a resident alien. after the GC is issued you are considered a permanent resident. after citizenship you would be considered an American citizen.

[Kiwi1 4]

Thanks for all the info people it's much appreciated! It's good to hear from people willing to help!

[Sekhvaruli 74]

When you enter the country with K-1 visa, your immigration status is simply - a K-1 visa holder. When K-1 visa expires and after you have applied for AOS, you are sill legally staying in the country, but you are out of status, while the case is pending.

[slowlyman 118]

When you enter the country with K-1 visa, your immigration status is simply - a K-1 visa holder. When K-1 visa expires and after you have applied for AOS, you are sill legally staying in the country, but you are out of status, while the case is pending.

The K-1 is used and void the day you enter the US. You are not out of status while your AOS is pending. You do not accumulate overstay.

[ppihtr123 68]

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Edited March 9, 2014 by ppihtr123