HR 2235

[Guest R2D2]

so, you are right and GZ is wrong?  is that what you are suggesting?  I must say, I do not care for the tone of your response.  Please keep it factual.

Perhaps the accompaning life act was to much for you to read or contained to much factual information, but this is the act that made part of the nonimmigrant K visa exist.

[Guest jade_yan]

lose the tone

[Guest jade_yan]

lose the tone. I dont take that tone with you, i expect the same courtesy.

[Mick]

Yes, as some others have stated, the K visas are technically non-immigrant visas but are treated as immigrant visas. Confusing, huh? K visa applicants are interviewed at GZ in the immigrant visa section. I think they are treated as immigrant visas because the intent is to remain in the US, unlike other non-immigrant visas.

[Guest jade_yan]

PRECISELY. what sense does it make to refer to a K1 as a nonimmigrant visa when the express intent is to immigrate presumably for life?

[Mick]

PRECISELY.  what sense does it make to refer to a K1 as a nonimmigrant visa when the express intent is to immigrate presumably for life?

You make a great point Jade. It makes no sense to refer to them as non-immigrant visas.

[juz]

I like to provide some information to clear this NIV or IV confusion:

 

K-1 visa is not immigration visa, this is fact, by law. And its intent is not to immigrate either. The purpose of K-1 visa is for humane reason expressed in Life Act.

 

There are several dual-intent visa categories exist in INS(BCIS) regualtion. They are no doubt NIVs, even with vague intention to immigrate.

 

God bless and peace to everybody.

 

Ju

[Guest jade_yan]

I am stunned by that post. anyone know any K1 beneficiaries who DO NOT intend to immigrate?

[Guest R2D2]

Many of us hope not! However, there are occasions where a K-1 is used to conduct a marriage in the US followed by the couple moving to the K-1's country to live. Not too common, but it does happen where tourist type visas are very difficult to get - like China.

 

This is a perennial debate about the true nature of K visas. Bottom line, they are not immigrant visas because the immigration phase does not begin until AOS is filed. They are handled by BCIS and DOS as immigrant visas because the applicant will most likely choose residency in the US. A rose by any other name would smell as sweet.

Thanks, Don. I tried to be succinct but, again, came across with an attitude. The bill proposed also affects K type visas and that is the bottom line, as they are also non-priority type visas. I am concerned as these types of bills are ryders of the original bill. In this case, it has something to do with irrigation. The ryders that are attached are often voted in along with the original bill to gain the votes of others. That is the way things are done in Congress, sorry to say.

[juz]

First, peace....

 

Second, don't be so easy to be stuned.

 

The intent for K-1 visa is for couples to spend time together in US so they can decide to pursue marriage or not. If the couple decide to enter the next phase, then they need get married and then file AOS. That is where immigration comes in.

 

You asked other to lose the tone. But maybe... you are a little bit over-reacted? Just a thought.

[beishan4]

Aloha from Hawaii,

I think that some heads near the top should be cut off to improve the performance of the BCIS.

This a lesson from Sun Tsu who wrote about strategy a few hundred years ago.

Myles

[TimD]

In a nutshell, this bill is suggesting that they suspend processing of NIV so that they can get caught up on the workload? Am I reading this right?

 

What if all business took this approach. You go out to eat and the kitchen is slammed. The waiter comes out and tells you you need to wait an hour because the understaffed kitchen is supsending your order because it's too busy.

 

Am I just confused?

[TimD]

So what about student visas? Are they going to suspend visas of those seeking an education here in the states and take that education back to their home country and take jobs away from us? I just don't get it.

[youmolide]

equally interesting is the fact that AOS processing is halted as well. Thus, someone arriving on a K-1 or K-3 could technically be deported, or at the least, asked to leave the USA if the visa expires and the AOS processing is halted.

 

that's what I am most concerned about, especially as AOS processing times have soared as well ...

 

 

more interesting info :

 

Foreign visits to US drop sharply

 

http://www.csmonitor.com/2003/0730/p01s01-usgn.html

 

snippets :

 

'Both tighter restrictions on getting into this country - and a strong disillusionment with the US abroad - are causing tens of thousands of people worldwide to forgo trips to America. Critics say the decline is evidence of a visa-screening process too restrictive, creating a "fortress America." But supporters see that process as essential to protecting the nation in a post-9/11 world.'

 

' Overall visa applications dropped from 10.4 million in 2001 to 8.3 million in 2002. Visa approvals fell from 7.5 million in 2001 to 5.7 million in 2002.'

 

'But even the government has allowed that the process isn't as effective or efficient as possible. A recent report by the General Accounting Office noted that only 843 consular officers preside over the 8 million incoming applications. '