HELP (Form I-485) "Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy?"

[Laura Carolina 7]

f GOT APPROVED. wE WEHello, my name is Laura.

 

Almost 2 years ago, after my fiancée proposed on August 2019 we applied for the K1 Visa and our I-129F got approved. While we were waiting for our interview date so we can finally get the visa (Him in the US and me in Venezuela) the Covid19 hit and the borders of my country (Vene zuela) closed (March 2019). After 1 year and 3 months of being on a long distance relationship (8 months of those during quarantine), when the borders finally opened we decided to meet for Christmas 2020 (We were still waiting for an interview in Bogota Colombia) (I came on a Tourist visa and we were actually doing tourism on a 2 week road trip were we visited 7 states from NC to WI). By the end of January 2021 and close to my return ticket we finally received news about the embassy stating that they will continue with the interviews. Although after a lot of thinking, we agreed that it was risky to travel during those times (What if they just close the borders again and I don't have the enough resources to stay in Colombia, no family, anything, My house is in Venezuela where I lived but there is no embassy there) and that all we wanted was to be husband and wife as we always dreamed of. So, we got married on April 2020.

 

Now, we are filing for AOS and I encountered this question:

 

Part 3. Item 1. "Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy?"  Yes or No.

 

The reality is that a K1 is a non immigrant visa, but with intends to immigration. So, I am confused about what to answer. We are planning on sharing our story. We applied for a K1 after getting married as it is supposed to do. But this pandemic hit us hard. So now we just wanted to move on and finally start our lives together. I am worried that it will affect our case. 

[Timona 4,207]

You don't apply for K-1after getting married.

 

I'd say NO to that questions. Otherwise will chime in

 

 

[Carpe Vinum 2,327]

37 minutes ago, Laura Carolina said:

f GOT APPROVED. wE WEHello, my name is Laura.

 

Almost 2 years ago, after my fiancée proposed on August 2019 we applied for the K1 Visa and our I-129F got approved. While we were waiting for our interview date so we can finally get the visa (Him in the US and me in Venezuela) the Covid19 hit and the borders of my country (Vene zuela) closed (March 2019). After 1 year and 3 months of being on a long distance relationship (8 months of those during quarantine), when the borders finally opened we decided to meet for Christmas 2020 (We were still waiting for an interview in Bogota Colombia) (I came on a Tourist visa and we were actually doing tourism on a 2 week road trip were we visited 7 states from NC to WI). By the end of January 2021 and close to my return ticket we finally received news about the embassy stating that they will continue with the interviews. Although after a lot of thinking, we agreed that it was risky to travel during those times (What if they just close the borders again and I don't have the enough resources to stay in Colombia, no family, anything, My house is in Venezuela where I lived but there is no embassy there) and that all we wanted was to be husband and wife as we always dreamed of. So, we got married on April 2020.

 

Now, we are filing for AOS and I encountered this question:

 

Part 3. Item 1. "Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy?"  Yes or No.

 

The reality is that a K1 is a non immigrant visa, but with intends to immigration. So, I am confused about what to answer. We are planning on sharing our story. We applied for a K1 after getting married as it is supposed to do. But this pandemic hit us hard. So now we just wanted to move on and finally start our lives together. I am worried that it will affect our case. 

They are going to know you applied for the K1. Just be honest if they ask you about it. Filing a 129f with USCIS is not applying to the embassy for an immigrant visa. Did you ever fill out a DS-160 or DS-260 and send it to the the embassy? If you didn't get to that stage then you can answer no to that question. Good Luck!

Edited April 22, 2021 by boris64

[Dashinka 24,505]

I agree, if there was no application for an actual immigration visa at a consulate the answer would be no.

 

Good Luck!

[Nitas_man 3,100]

1 hour ago, Laura Carolina said:

f GOT APPROVED. wE WEHello, my name is Laura.

 

Almost 2 years ago, after my fiancée proposed on August 2019 we applied for the K1 Visa and our I-129F got approved. While we were waiting for our interview date so we can finally get the visa (Him in the US and me in Venezuela) the Covid19 hit and the borders of my country (Vene zuela) closed (March 2019). After 1 year and 3 months of being on a long distance relationship (8 months of those during quarantine), when the borders finally opened we decided to meet for Christmas 2020 (We were still waiting for an interview in Bogota Colombia) (I came on a Tourist visa and we were actually doing tourism on a 2 week road trip were we visited 7 states from NC to WI). By the end of January 2021 and close to my return ticket we finally received news about the embassy stating that they will continue with the interviews. Although after a lot of thinking, we agreed that it was risky to travel during those times (What if they just close the borders again and I don't have the enough resources to stay in Colombia, no family, anything, My house is in Venezuela where I lived but there is no embassy there) and that all we wanted was to be husband and wife as we always dreamed of. So, we got married on April 2020.

 

Now, we are filing for AOS and I encountered this question:

 

Part 3. Item 1. "Have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy?"  Yes or No.

 

The reality is that a K1 is a non immigrant visa, but with intends to immigration. So, I am confused about what to answer. We are planning on sharing our story. We applied for a K1 after getting married as it is supposed to do. But this pandemic hit us hard. So now we just wanted to move on and finally start our lives together. I am worried that it will affect our case. 

Did you submit the visa application?  It sounds like you did if you were just waiting on an interview.

Edited April 23, 2021 by Nitas_man

[aaron2020 11,651]

The answer is no.

 

A K-1 is a non-immigrant visa.  And you can't obtain permanent residency with it.  

[Laura Carolina 7]

4 hours ago, Timona said:

You don't apply for K-1after getting married.

 

I'd say NO to that questions. Otherwise will chime in

 

 

My mistake. I wanted to say. We applied for K1 visa after getting engaged but we abandoned the process at the end...

[Laura Carolina 7]

3 hours ago, Nitas_man said:

Did you submit the visa application?  It sounds like you did if you were just waiting on an interview.

Yes. I was waiting for my interview when we got married. And I know that the K1 is processed as immigrant visa at the embassy.

[Laura Carolina 7]

3 hours ago, aaron2020 said:

The answer is no.

 

A K-1 is a non-immigrant visa.  And you can't obtain permanent residency with it.  

I think I will go with this one after reading some info on websites. Cant afford 4000$ in lawyers, hope is accurate. 

 

Thank you all for your help, and interest, it definitely helps not feeling alone during the process.

 

Good luck guys!!

[Laura Carolina 7]

4 hours ago, boris64 said:

They are going to know you applied for the K1. Just be honest if they ask you about it. Filing a 129f with USCIS is not applying to the embassy for an immigrant visa. Did you ever fill out a DS-160 or DS-260 and send it to the the embassy? If you didn't get to that stage then you can answer no to that question. Good Luck!

That is exactly what we are planning to do! That is our story so we won't hide it! We actually tried so hard to do it the right way... But honestly with this travel bans and epidemic we just wanted to finally be together! 

 

Thanks for your reply! My best wishes to you! 

[Dashinka 24,505]

3 hours ago, Laura Carolina said:

I think I will go with this one after reading some info on websites. Cant afford 4000$ in lawyers, hope is accurate. 

 

Thank you all for your help, and interest, it definitely helps not feeling alone during the process.

 

Good luck guys!!

VJ is a Great source of information for help.

[igoyougoduke 1,656]

11 hours ago, Laura Carolina said:

Yes. I was waiting for my interview when we got married. And I know that the K1 is processed as immigrant visa at the embassy.

As others have said. K1 falls under non immigrant visa category even though people move and file AOS 

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.