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vermont77

Non-Immigrant Visa or Immigrant Visa for K1

By vermont77 in K-1 Fiance(e) Visa Process & Procedures

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vermont77 Contributor

vermont77   12

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Would I have my fiance apply for a non-immigrant visa or an immigrant visa for k1? I am confused about this, is it all considered non-immigrant and then you apply for an immigrant visa after marriage?

It says fill out the ds-160 online nonimmigrant visa application. Ultimately, I want her to live with me in the USA and work for my business. Thank you in advance.

Patrick

Vermont

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Stressed Out Rising Star

Stressed Out   81

Posted
Filed: Citizen (pnd) Country: Germany
 Timeline
Posted

K-1 is a non-immigrant visa as you'll be filing for the green card after the marriage takes place.

Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014 :dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Technically the K1 is a non-immigrant visa because after the 90 days, the immigrant has no status in the USA. That is why you need to adjust their status (AOS.)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Ilovemyman Proficient

Ilovemyman   147

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Would I have my fiance apply for a non-immigrant visa or an immigrant visa for k1? I am confused about this, is it all considered non-immigrant and then you apply for an immigrant visa after marriage?

It says fill out the ds-160 online nonimmigrant visa application. Ultimately, I want her to live with me in the USA and work for my business. Thank you in advance.

Patrick

Vermont

There are a lot of steps to follow before fill out sd-160 .

Just take time to read the guide here.

One thing , dont pay lawyer to do this process.

Lawyer are useless, only if your case is complicated use a lawyer, but if you can read and folloew instructions just do it yourself.

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Pheebs1201 Proficient

Pheebs1201   269

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

However, it is worth noting that when typing in your case number on CEAC you choose "immigrant" not "non-immigrant". Weird, huh :rolleyes:

Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

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TBoneTX Grand Master

TBoneTX   45,329

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

For clarity: The K-1 is a "hybrid" -- a nonimmigrant visa with immigrant intent -- which is why the interviews are conducted by the Immigrant Visa units at the consulates.

This comes from an immigration attorney in response to my question of years ago.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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raven52 Proficient

raven52   233

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Well, wish I could add to the post, but I just learned so much from TBone's post, so my wife is now an immigrant, as she has her 2 yr. GC, and will file for ROC this October. But came here as a "non-immigrant" because she had not gotten her AOS (GC) yet, when she got that, it all changed.

I hope I am right, and did not confuse anyone with my ramblings.

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vermont77 Contributor

vermont77   12

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
  • Author
Posted

Thank you, I am printing out your answers and piecing everything together. This forum is very helpful and you're all very helpful.

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