Why am I entering as a nonimmigrant?

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xenologue

Registered Users (C)
Hi,

This might be REALLY stupid... but Form I-129F petition for Alien [Spouse in this case] says that a U.S. citizen can file this petition "if you wish to have your spouse enter as a nonimmigrant".

I was told we need to complete this form for me to live in the US and get a green card = doesn't that mean I'm immigrating? Will I be entering as a nonimmigrant because I'm not called an immigrant until I apply for adjustment of status to be a permanent resident once I'm IN the U.S.? It seems counterintuitive to me.

xeno
 
xenologue said:
Hi,

This might be REALLY stupid... but Form I-129F petition for Alien [Spouse in this case] says that a U.S. citizen can file this petition "if you wish to have your spouse enter as a nonimmigrant".

I was told we need to complete this form for me to live in the US and get a green card = doesn't that mean I'm immigrating? Will I be entering as a nonimmigrant because I'm not called an immigrant until I apply for adjustment of status to be a permanent resident once I'm IN the U.S.? It seems counterintuitive to me.

xeno
Click to expand...

Yes, exactly. The K-3 visa is itself non-immigrant, but it permits the holder to enter the US and apply for I-485 AOS.
 
The K-3 is a nonimmigrant visa allowing "dual intent" (immigrant and nonimmigrant intent).

Here's what the department of state has to say about it:

A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant

The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa.

If I were you I wouldn't worry about it too much; it's quite similar to how some other statuses (H-1B, L-1) allow people to work in a nonimmigrant status while having an immigrant petition pending. If you're asked about immigrant intent it's perfectly ok to say "yes." The difference to an immigrant visa is that people with immigrant visas become permanent residents upon their arrival, whereas you complete this step once you're here.
 
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