June 2017 I-129F Filers, Part III

[George & Roth 1,485]

1 hour ago, Stemar said:

Thank you for that!!! I am so confused haha... I talked to several People who put YES and got approved... to be honest, I think it doesnt really matter what you answer. If you answer YES, you just briefly explain. If you say NO, the embassy will understand as well.... so its probably just going to be a personal choice wether you say YES or NO

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

The Department of State (DOS) defines the K1 as a Nonimmigrant Visa. If the question said “Nonimmigrant visa with immigrant intent” the answer would be yes. The question instead asks for “immigrant visa.”  Since the DOS defines this as Nonimmigrant the correct answer is no.

 

Based on what I have read it seems different consulates and embassies believe that different answers are correct. You can ask your embassy what they believe is correct. For me it’s appropriate  to just answer each question literally, instead of thinking “I know what the question says but that’s not what they meant.” 

 

What type of visa does the question ask about?

Immigrant visa

What type of visa is K1?

Nonimmigrant 

What is the answer to the question “ has someone filled immigrant visa on my behalf”?

NO

 

If my Embassy cannot read the question I will gladly walk them through it.

Edited February 14, 2018 by George & Roth

[George & Roth 1,485]

Don’t worry if you put the wrong answer “Yes” as I believe they will accept it after discussing with you. 

 

I just prefer to put the correct answer to the question as asked and using the DOS definitions instead of deciding my own definitions. 

 

 

[Kari & Atti 411]

4 hours ago, vocaledge said:

But he had spent extensive time in the states right? They’d have him on their databases :-)

No, only two months. Unless that is considered extensive time... 🤷‍♀️

[Kari & Atti 411]

12 hours ago, denniam said:

I'm new here so I'm wondering a few things. I filed June 13 and I'm still waiting to here from USCIS. Is anyone else still waiting? 

I am!

[Kari & Atti 411]

11 hours ago, George & Roth said:

The answer is 100% NO.

 

See sample from VJ

 

“An immigrant visa (IV) is issued to a person wishing to live permanently in the U.S. A nonimmigrant visa (NIV) is issued to a person with permanent residence outside the United States, but wishes to be in the U.S. on a temporary basis for tourism, medical treatment, business, temporary work or study, as examples.Mar 9, 2017

[SatinderSabiee 210]

anyone else stuck at nvc for ap or its just me?

[Little_Vixen 1,869]

11 minutes ago, Kari & Atti said:

“An immigrant visa (IV) is issued to a person wishing to live permanently in the U.S. A nonimmigrant visa (NIV) is issued to a person with permanent residence outside the United States, but wishes to be in the U.S. on a temporary basis for tourism, medical treatment, business, temporary work or study, as examples.Mar 9, 2017

I believe a fiancée visa is seen as a nonimmigrant visa because you are only allowed to be in the united states to get married. The visa is only temporary (3 months) and will end in a nonimmigrant status once you do not get married.

I agree its very confusing.

[garylenhall 63]

On 1/27/2018 at 1:45 AM, KBA said:

Think I’ll be here too guys 

Hi guys, we are June 12th filer. My fiance called the USCIS many times. Sent and inquiry online since our case is already considered as outside processing time". 

Today, uscis app on my phone alerted on our case appeared like this "case result changed". Hoping and praying to received an update "case was approved" in the morning. Anybody has an idea what is this update all about? Or anyone here experiencing like we did? 

[Little_Vixen 1,869]

1 minute ago, garylenhall said:

Hi guys, we are June 12th filer. My fiance called the USCIS many times. Sent and inquiry online since our case is already considered as outside processing time". 

Today, uscis app on my phone alerted on our case appeared like this "case result changed". Hoping and praying to received an update "case was approved" in the morning. Anybody has an idea what is this update all about? Or anyone here experiencing like we did? 

The tracker app is 'being weird'. There's a theory that many cases have been updated to say fiancée in stead of fiancEe (or something like that). So yeah, probably nothing changed. Sorry.

[Kari & Atti 411]

Still here waiting... like many of our “Juners” who are feeling left behind about now. It’s been 9 days since they received my RFE response, after being lost 12 days by our postal service. Atti and I will never get that time back! 

I just need an answer so I can move forward with life. People already stopped asking me about the wedding, thank God! At this point all I want to know is if Atti would be ever be allowed to come home with me 😭 

We try our best to be optimistic, make jokes with the kids about him getting here when we are 90... but it does take a toll on the relationship and it has taken a toll on me. I am frustrated, and probably depressed at this point. This feels like a pregnancy that never comes to term!!! 9 months for God’s sake... 

well that’s my frustrated, angry rant for the month of February... sorry guys 😔

Edited February 14, 2018 by Kari & Atti

[garylenhall 63]

1 minute ago, Little_Vixen said:

The tracker app is 'being weird'. There's a theory that many cases have been updated to say fiancée in stead of fiancEe (or something like that). So yeah, probably nothing changed. Sorry.

Haha, i was so excited about it and was really thinking to resign from my job soon as the status will change into "approved" T'was the first time that happened. But we are still looking at the brighter side.

[Phil & Han 28]

13 hours ago, vocaledge said:

Literally from the mouth of an embassy staff member - I called to clarify...

"It is confusing and different places refer to it differently, but in most embassies its an immigrant visa and you should answer yes"  HOWEVER he also said it wont make a big difference if you answer no since they can see its a K1 and they know it is an issue which confuses people - USCIS (not a part of the Dept of State) refer to it as non-immigrant, whereas DOS refer to it as immigrant, which is where the disconnect usually happens.

So there you have it, from an embassy staff member themselves :-)

No big deal either way

What number did you call? The number on the Embassy website for London has no options to speak to a human I could easily find on the visa info options.

 

The phone refers you to the website but the website says call if you still have questions :s

[Little_Vixen 1,869]

Just now, garylenhall said:

Haha, i was so excited about it and was really thinking to resign from my job soon as the status will change into "approved" T'was the first time that happened. But we are still looking at the brighter side.

Always look at the bright side. You are one day closer to being approved! Be strong love, us import-Hoosiers are tough!

[Naes 12,205]

25 minutes ago, Little_Vixen said:

I believe a fiancée visa is seen as a nonimmigrant visa because you are only allowed to be in the united states to get married. The visa is only temporary (3 months) and will end in a nonimmigrant status once you do not get married.

I agree its very confusing.

Agreed. And if the marriage doesn't happen they have to go back.

 

thats also the reason why there's no need to give a binding affidavit of support unlike AOS or cr1.

 

[useful89 692]

2 hours ago, George & Roth said:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

The Department of State (DOS) defines the K1 as a Nonimmigrant Visa. If the question said “Nonimmigrant visa with immigrant intent” the answer would be yes. The question instead asks for “immigrant visa.”  Since the DOS defines this as Nonimmigrant the correct answer is no.

 

Based on what I have read it seems different consulates and embassies believe that different answers are correct. You can ask your embassy what they believe is correct. For me it’s appropriate  to just answer each question literally, instead of thinking “I know what the question says but that’s not what they meant.” 

 

What type of visa does the question ask about?

Immigrant visa

What type of visa is K1?

Nonimmigrant 

What is the answer to the question “ has someone filled immigrant visa on my behalf”?

NO

 

If my Embassy cannot read the question I will gladly walk them through it.

How about this:

 

when you go to check your visa status on the CEAC website you select 'immigrant visa.' But when you put in the info the drop down box has it listed as a non immigrant visa. So it's neither and both at the same time. Schrodinger's visa.