Fiance K-1 visa: Immigrant or Non-immigrant Visas?

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The fiance K-1 visa is technically a non-immigrant visa, but it’s treated like an immigrant visa.

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The main difference between the two classes of visas is the “intent” of the traveling foreigner.  Immigrant (permanent resident alien) visas are issued to those foreigners who have the intent to migrate, live, settle and work in the United States.

They are usually issued from family based (or marriage based) or work related immigration petitions.

Sounds like a fiance(e) visa, right? well… There are differences between immigrant and non-immigrant visas. K-1 visas are actually categorized under “non-immigrant”.

A non-immigrant visa is for those seeking temporary entry or stay into the U.S.  This type of visa is usually designated for businessmen / women, tourists, students, temporary workers, etc.  

A look into the USCIS website reveals that Fiance(e) visas are classified under “non-immigrant“.  

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Having immigrant or non-immigrant status is more than just a title.  It has some very important legal differences, privileges, rights, and responsibilities.  

Certain rights and privileges are only given to immigrants versus non-immigrants.  For example, many non-immigrants are not permitted to work in the U.S.  

The non-immigrant status of the K-1 fiance(e) visa affects your fiance(e) in many ways.

You will get confused over the different times the Department of State (US Embassy) sometimes refers to the Fiance visa as “immigrant”.