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pepper44

DS-160 Immigrant or non - immigrant

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Filed: Other Country: Cuba
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I just realized that some places online state immigrant and some state non immigrant so which one is correct?

When completing the DS-160 form is it non immigrant?

If it is non - immigrant why does it state when I got to this site http://www.ustraveldocs.com/cu/cu-niv-visafeeinfo.asp

it states it is an immigrant application?

I want to make sure I am completing the DS160 FORM CORRECTLY!!!!!!

This is for a k-1 VISA - not married yet.

On the site it has conflicting information - It says non immigrant for the DS160 but when I setup a login - and userid - it has other fields and asks me what am I applying for. When I hit their drop down options it says a K1 is a Immigrant Visa

Totally confused at this point.

Edited by pepper44

2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

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Filed: Other Country: Cuba
Timeline

Here is another example of confusion. - maybe I'm looking to much into this but I need to make sure my DS160 form is correct

This like shows two different things as well - one tab shows immigrant the other non -

http://travel.state.gov/content/visas/en/general/all-visa-categories.html

when you do the drop down for NON - it doesn't show the k1 as an option

if you select Immigrant drop down it shows the k1 but when you click on it it states it is a NON immigrant application

2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

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Filed: AOS (apr) Country: Israel
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I have been helping my fiance fill out his DS-160 form and we are running into the same question. For the Jerusalem Consulate, and for the NVC, it seems to be treated as an immigrant visa? But there is no consistency if it's an Immigrant Visa or a Nonimmigrant visa. DS-260 seems to be reserved for the marriage visa, but I don't know if I should contact the NIV or IV portion of the consulate???

If anyone else has information about this, please respond!

K1 Visa

06-13-2015 - Engaged!

07-17-2015 - I-129F packet sent

09-02-2015 - NVC sent case to U.S. Consulate in Jerusalem, packet 3 sent via email

11-04-2015 - Interview (Approved!)

11-19-2015 - K-1 Visa in-hand

12-25-2015 - POE (Atlanta, GA)

AOS/Green Card

01-10-2016 - Got married

01-16-2016 - I-485/EAD application sent (same packet)

03-04-2016 - EAD card arrives in mail (successful expedite)

05-18-2016 - Received AOS letter with interview appointment

06-07-2016 - AOS Interview scheduled (Atlanta) - Approved!

06-15-2016 - Green Card in hand!

ROC

03-24-2018 - Mailed in ROC petition packet

03-27-2018 - NOA (packet received); 1-year extension

05-25-2018 - Biometrics

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Filed: K-1 Visa Country: Philippines
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It's technically a non-immigrant visa with immigrant intent....fill out the only one you can. If that's under immigrant so be it. Can't fill it out under non as it's not there.

Edited by Shauneg
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  • 3 weeks later...
Filed: K-1 Visa Country: Cuba
Timeline

Hello,

I just read several comments on should I mark "non-immigrant" or "immigrant" on the DS160 Fiance Visa form.

Take this from my experience..........mark IMMIGRANT................

I marked "Non Immigrant" and we had to start all over as "Immigrant" and pay the fees again.

NOTHING IS EASY IN THIS PROCESS, ALL WE CAN DO IS SUPPORT AND GUIDE EACH OTHER, unless you have loads of money to pay

a Immigration Attorney. Ha!

The reason why you are marking "Immigrant" is because a K1 Visa is meant for the Fiance to arrive in your Country and get married within the 90 days, so

in essence it is a sort of HYBRID Visa to make things more confusing. Your Fiance is entering as a Non-Immigrant then becomes an Immigrant.

As far as the petitioner signing electronically for the beneficiary, it states you are not suppose to, but my Fiance lives in Cuba and they are still on Dial up modem,

and he does not have access to a computer, so I electronically signed his name. Sometimes we learn from our mistakes, and this whole process for me has been

a mind boggling emotional roller coaster of paper work.

Maybe this is why we are still waiting.......in limbo............chasing his file back and forth, it was refused on a 221g Admin Processing and sent back to NVC, who then sends it

to USCIS. My Fiance actually traveled to Havana 5 times, before he was refused.

The first time was my error, made a new appointment after the Christmas & all Holidays observed, he lost 1.5 months out of the 90 day Visa right there.

Then when he went to his actual first appointment, they told him you don't have enough evidence bring us more, he traveled back home on Feb. 2nd,

returned back on Feb. 4th and they said "Congratulations, you passed, come back on Feb. 11th and pick up your Visa!

He went back on the 11th, then was told sorry your file has gone into Admin. Processing, it's taking longer come back on March 20th, 2015.

He went back only to be handed the "REFUSAL letter" get this .....................DATED: FEB. 5.................ONE DAY after they told him Congratulations, you got your Visa.

The refusal letter stated that we were trying to marry with the SOLE PURPOSE of him Immigrating to the U.S.

USCIS stated "No jurisdiction" because the fiance visa expired! because Cuba held onto his file 4 months after they refused it, and by doing so it expired. The only thing that

was stated on the Refused Visa paper was that our relationship was not bonifide............no reason, no chance to fix it, no extension............nothing.

USCIS then forwarded back his file to NVC, who then sent it back to the Consulate office.

Now I am told it is on it's 3rd go round.............it actually got sent to the other NVC in Vermont instead of New Hampshire, and it is now at USCIS in California.

I was told by my local Congress Woman representative's office that someone told me the wrong explanation from USCIS, and that USCIS is now reviewing the file,

and by Oct. 23rd 2015, they will either:

1.) Close the case completely

2.) Offer and extension of time.

3.) Approve it.

We have a PLAN B, but a Marriage Visa, is literally like starting ALL OVER again, and thousands of dollars later, you could be refused AGAIN!

Just to get 3 documents certified by the State of California, driving back & forth to L.A. paying a certified translator, the gasoline, paying a Notary.

That part for me was apprx. $500.00 already.

The 2nd part, I am waiting on...............is FedEx send all those docs in english and spanish to the Cuban Embassy in Washington D.C. pay them $176.00 per document, plus

$40.00 because I am mailing it..........for a total of apprx: $1100.00.

Please send well wishes & prayers that we receive good news by the 23rd.

Both my Fiance & I are older.

We've both have been married before WELL over 15 yrs. ago. & just want to be together in the later years of our life.

This is all we want, to be together, to be able to travel back & forth and visit both of our families as I parents are in their 80's now.

I wish all of you the best............IF you have any more questions I will try to answer.

Trust me, I have read everything, called everyone, chased the paper work...............

DO NOT GIVE UP...........keep trying if you truly feel your significant other and you are meant to be together.

Bee

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Filed: Other Country: Cuba
Timeline

belll - if a Visa is sent back denied I didn't think there was much left that could be done. is this wrong. Other threads on here state you just have to reapply or apply for a different type.

Do you have any idea why they said it wasn't bonafied? I mean was there something lacking in the documents? Like emails or phone calls?

my fiance went to a lawyers office in Habana that helps them complete this form. I hope they completed it correctly but I also read on the website that if it is done wrong some consulate's let them correct this mistake by doing a new DS form. I read that on the cuban site I believe.

2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

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