k-1 visa question--please help

[shosurplussales 0]

Is a k-1 visa considered an immigrant visa or a non-immigrant visa?

[john_and_marlene 162]

it is a non-immigrant visa, but processed by the immigrant visa unit at the consulate.

[jlvr 1]

Really? How can it be non-immigrant when the person will be immigrating to the US? That's confusing.

[payxibka 10,045]

It does not really fit in either category because it is a hybrid of sorts. But according to the DOS it is a non-immigrant visa. Don't try to rationalize it, just accept that is what it is classified as.

[Eveline 9]

Really? How can it be non-immigrant when the person will be immigrating to the US? That's confusing.

It is a non-immigrant visa because you have to file for AOS after the wedding. Without the AOS you would have to leave the country after the wedding. It really is confusing but it wouldn't be fun if it was all clear, right?

[JenT 0]

Really? How can it be non-immigrant when the person will be immigrating to the US? That's confusing.

There's no assumption of immigration. With the K1, the USC is petitioning for a non-USC to enter the US with intent to marry, not immigrate.

[jlvr 1]

But I thought that to immigrate meant that the person would be living in the US full-time. If the intent is to marry but not immigrate, that would mean that the couple would be living outside the US, right?

I think fwaguy's response was probably best.

[john_and_marlene 162]

The purpose of a visa is to be able to enter the U.S. There are some who end up not getting married for a variety of reasons. The K-1 visa holder is not qualified to even apply for AOS unless they get married to the petitioner. If the K-1 was an immigrant visa, no marriage would be required to stay and no AOS would be needed. For those that do not marry, their non-immigrant visa only allows them to stay for 90 days.

[jlvr 1]

The purpose of a visa is to be able to enter the U.S. There are some who end up not getting married for a variety of reasons. The K-1 visa holder is not qualified to even apply for AOS unless they get married to the petitioner. If the K-1 was an immigrant visa, no marriage would be required to stay and no AOS would be needed. For those that do not marry, their non-immigrant visa only allows them to stay for 90 days.

Ahhh. Now that makes perfect sense. Thank you.

[Savanphil 3]

K-3's are non-immigrant as well......gotta love USCIS logic

Edited February 15, 2007 by Savanphil

[payxibka 10,045]

K-3's are non-immigrant as well... and a marriage has taken place...gotta love USCIS logic

K-3's are probably classified as non-immigrant because you have a parallel immigrant visa petition occuring at the same time. I am sure they would not allow (want) to have two parallel immigrant visas to be in process.

[Savanphil 3]

K-3's are non-immigrant as well... and a marriage has taken place...gotta love USCIS logic

K-3's are probably classified as non-immigrant because you have a parallel immigrant visa petition occuring at the same time. I am sure they would not allow (want) to have two parallel immigrant visas to be in process.

I see B)

[Savanphil 3]

Double post

Edited February 15, 2007 by Savanphil

[Savanphil 3]

triple post sorry

Edited February 15, 2007 by Savanphil