LucyMO

did they disclose that they had HRR?

Matthew Udall

I assume your reply is about the story I relayed in my post. If correct, than yes, I believe the Consul was aware of the J HRR status. The J visa was in the same passport that they used to glue in the K-1 visa.

The K-1 visa is a nonimmigrant visa, and when I look at the list of what HRR's are ineligible for, I don't see "K-1" visas on the list.

Which just serves as a reminder that the Consulate and USCIS are "NOT" your immigration attorney or your legal advisor. It is up to the person applying or petitioning for something to know the rules, not the government's duty to teach them the rules/procedures/law. If someone asks for something, they just might give it to them, and of course, this couple made the beginners mistake of thinking, "gee, if they gave this to me, there must not be any problem with using the K-1 and filing for AOS" (and I don't believe for a second that this person did not know about being subject to the HRR or forgot about being subject to the HRR).

One quick call to an attorney a year earlier would have made a world of difference to this particular couple, and their strategy would have likely changed for the better (and believe it or not, they were DIY'ers relying on other DIY'ers on boards like this for their legal advice all along) [sort of like how "you" rendered advice to your reader].

And to add a bit more (edited): I've said before that I don't do J visa work, and I was able to identify this potential problem issue right off the bat. I gave them the names and numbers for the few AILA members out there who hold themselves out as experts in J visas and J waiver situations, and hopefully they were able to get the help they needed to try to fix this screwed up situation they caused for themselves.

resu

Isn't K1 an immigrant visa? It's listed under the "Immigrant Unit" by the U.S. embassy in my country.

Ola

jeffreyhy

Ola,

The K visas are non-immigrant visas. But they are processed by the immigrant visa units at the consulates.

Why?
Because.

Regards, JEff

Matthew Udall

Nope, it's a nonimmigrant visa although it's normally processed through the IV unit at most (if not all) U.S. Consulates.

Think about it. The K-1 lets someone step across the border in order to marry. Nothing more. Someone might change their mind about marrying, and thus has to depart within 90 days of entry (or start accruing unlawful presence). Entering with a K-1 visa does not confer lawful permanent resident status, as is the case when someone enters with an immigrant visa.