DS 156 question #36

[C&M14 0]

I am finalizing my DS 156 form. Actually, i have changed it so many times. I am confused with question #36 "Has anyone ever filed an immigrant visa petition on your behalf?" Should i answer yes and put the name of my fiancee? I am confused because i know that K1 visa is a non-immigrant visa petition though it is processed in the immigrant visa unit. For those who were already through with their interviews, how did you answer this question? Thanks!

[David-and-Mae 15]

I am finalizing my DS 156 form. Actually, i have changed it so many times. I am confused with question #36 "Has anyone ever filed an immigrant visa petition on your behalf?" Should i answer yes and put the name of my fiancee? I am confused because i know that K1 visa is a non-immigrant visa petition though it is processed in the immigrant visa unit. For those who were already through with their interviews, how did you answer this question? Thanks!

We put "NONE" since for us, that question refers to visa petition prior to the present one...

--Mae

[Sheriff Uling 3]

C&M14...

For question # 36 on the DS-156, "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" We answerd "Yes" The follow-up question is, If Yes, Who? We put my name in the space provided.

Cheers!!!

Sheriff Uling

p.s. - It appears that in either case (yes or no) there should not be a problem...

Edited July 2, 2007 by Sheriff Uling

[C&M14 0]

Thanks Mae and Sheriff Uling! i think i will answer NO as my understanding is that a K1 visa is essentially a non-immigrant visa petition. The US Embassy website classifies K1 as a non-immigrant visa eventhough it is processed in the immigrant visa unit. I think question #36 refers to an immigrant petition filed on behalf of the beneficiary, like the I-130 petition which would lead to an immigrant visa being issued.

Question no. 36 is a little bit tricky. Though a K1 visa is a non-immigrant visa it has immigration intent. I think either a yes or no answer would not be a problem.

I also got this from the USE Manila website:

Who can Apply for an Immigrant Visa

In general, a person who wishes to immigrate to the United States must have a petition approved by the U.S. Citizenship and Immigration Services (USCIS) before applying for an immigrant visa. The petition is filed either by a relative or a potential employer at a USCIS office in the United States. Specific information about how petitions are filed can be found at the USCIS website. An individual with an approved petition and a priority date that is current for processing is eligible to apply for an immigrant visa or K and V non-immigrant visa.

A beneficiary of an approved Form I-130 petition must apply for the appropriate immigrant visa under the Family-Sponsored (IR or F) categories. The Form I-130 is filed by a relative who is either a U.S. citizen or a lawful permanent resident (LPR), at a USCIS office in the United States. In certain cases where the sponsoring U.S. citizen resides in the Philippines, the I-130 petition may be filed at the USCIS office at the Embassy in Manila.

A beneficiary of an approved Form I-140 petition must apply for the appropriate immigrant visa under the Employment-Based (E) category. The prospective U.S. employer files the I-140 petition and must obtain a certification from the U.S. Department of Labor that there are no qualified workers available in the United States for the proposed employment.

For the Special Immigrant visa category, with the exception of a qualified current or former U.S. Government employee, an applicant needs an approved I-360 petition from the USCIS. Special workers in a religious occupation or vocation, qualified U.S. government employees, Amerasians and widowers of American citizens fall under this classification.

Investors must file a Form I-526 petition with the USCIS.

A Filipino spouse or fiancée(e) of a U.S. citizen may apply for a non-immigrant K visa with an approved I-129F petition. A spouse or child of a lawful permanent resident (“green card holder”) may apply for a V visa. The K and V visas are non-immigrant visas that allow beneficiaries to join their petitioners sooner. Persons who enter the United States with K or V visas must apply to USCIS for a change in status from non-immigrant to lawful permanent resident (LPR).