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Is a K-1 Fiance Visa an Immigrant or Non-Immigrant Visa

By Doggy_11 in K-1 Fiance(e) Visa Process & Procedures

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Mike E Grand Master

Mike E   11,742

Posted
Filed: Citizen (apr) Country: Myanmar
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Posted

Legally it is a non immigrant visa.  Each consulate applies varying degrees of immigrant visa process to it.  The most glaring and annoying examples are 

 

*  that imo, at most consulates the online  system most consulates use to schedule  B, C, and F visas isn’t available for K visas. 

 

* the requirement to get a police certificate for a K visa is not applied to other non immigrant visas

  • 2 weeks later...
Mike E Grand Master

Mike E   11,742

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
12 minutes ago, EdwardG said:

It’s a non-immigrant visa that is treated by. NVC as an immigrant visa because you file for AoS after marrying. 

The NVC experience with K-1 vs IR-1 is night vs day  

TBoneTX Grand Master

TBoneTX   46,067

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The K-1 is a "hybrid" visa -- a nonimmigrant visa with immigrant intent.  The intent is why it's processed in the Immigrant Visa Units of the consulates.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

EdwardG Newbie

EdwardG   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
7 minutes ago, TBoneTX said:

The K-1 is a "hybrid" visa -- a nonimmigrant visa with immigrant intent.  The intent is why it's processed in the Immigrant Visa Units of the consulates.

Thanks. That makes sense. 

 
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