DS-160 immigrant vs. nonimmigrant visa, confused

[pmiklos 2]

We just submitted the I-129F and I am looking into the upcoming steps. I find it really confusing that the http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#5 website under the "The Second Step: Applying for a Visa" section says we need a "Completed Form DS-160, Online Nonimmigrant Visa Application.". And then I notice that the page title also says "Nonimmigrant visa for a fiance(e) K-1" which was linked from "Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen" so bad. Then I go to the DS-160 site and I find that the K-1 visa is under the immigrant visa section. That makes more sense, I just don't understand why the travel.state.gov site is talking about nonimmigrant visa for K-1. It is an immigrant visa, right?

[heo luoi 206]

Search the forums/threads. It is confusing. The K1 visa is essentially a hybrid visa...which is why some forms/links don't handle it well if its not specifically isolated itself. It basically converts its classification from one to the other by its nature as it progresses through its processing stages.

[pmiklos 2]

yeah, I get it that I will be able to adjust status after I got married and that will be the real immigration, but still, when one site says "complete a DS-160 nonimmigration visa" and the K-1 is just not among those on the other site then you start wonder "what the heck?!"

[heo luoi 206]

Move on. This will hardly be the only confounding thing you'll encounter on this journey.

Edited October 25, 2015 by heo luoi

[TBoneTX 45,329]

The K-1 is a rare bird, a "hybrid" visa -- a nonimmigrant visa with immigrant intent. This is why it's called a nonimmigrant visa but is processed by the Immigrant Visa units of the consulates.

[KayDeeCee 4,893]

The K visa is in fact a non-immigrant visa. > http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Since it is a special type of visa, a non-immigrant visa with immigrant intent, it is processed through the immigrant visa units of the consulates. This is why you will select immigrant visa when checking on status and looking up info about applying for one through the consulate websites.

http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N3 ACCEPTANCE OF K VISA APPLICATIONS

a. K-1 and K-2 visas must be processed and issued only at immigrant visa (IV) issuing posts. If a nonimmigrant visa (NIV) issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.

[Hank_ 9,174]

We just submitted the I-129F and I am looking into the upcoming steps. I find it really confusing that the http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#5 website under the "The Second Step: Applying for a Visa" section says we need a "Completed Form DS-160, Online Nonimmigrant Visa Application.". And then I notice that the page title also says "Nonimmigrant visa for a fiance(e) K-1" which was linked from "Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen" so bad. Then I go to the DS-160 site and I find that the K-1 visa is under the immigrant visa section. That makes more sense, I just don't understand why the travel.state.gov site is talking about nonimmigrant visa for K-1. It is an immigrant visa, right?

K-1 is a non-immigrant visa, processed in many ways like an immigrant visa.