New revised travel ban and k1 visa for finance from Iran

[Nilo+Nav 3]

9 minutes ago, toothpicks said:

No K1 or spousal visas will be issued after October 18th for Iran. Eight countries are being affected by this travel ban and here is a chart so you can see how every country differs. Straight from the Department of State.

 

I hope something changes soon.

I hope so too. This is not right, something has to be changed. Already waited months and now when I was about to send out the k1 form and etc, this happens!!

[Coco8 1,039]

17 minutes ago, Nilo+Nav said:

I hope so too. This is not right, something has to be changed. Already waited months and now when I was about to send out the k1 form and etc, this happens!!

 

This is coming. They already had the other ban.

 

I think you should submit a visa. Maybe even get married and do a spousal visa. The Supreme Court might take the case eventually, so if the spousal visa is 12-14 months, even if the consulate denies it, it goes to USCIS and then goes back to the consulate. So the petition can remain alive for a while until something happens with the ban.

 

It is just an idea. If the K1 gets denied it will die there. The spousal visa might be easier to get eventually.  

 

She doesn't have a visitor visa, right? The possibility to apply for a PhD degree for a student visa (I'm saying PhD because those visas are usually easier than for some shady program or community college).

 

 

[Nilo+Nav 3]

53 minutes ago, Coco8 said:

 

This is coming. They already had the other ban.

 

I think you should submit a visa. Maybe even get married and do a spousal visa. The Supreme Court might take the case eventually, so if the spousal visa is 12-14 months, even if the consulate denies it, it goes to USCIS and then goes back to the consulate. So the petition can remain alive for a while until something happens with the ban.

 

It is just an idea. If the K1 gets denied it will die there. The spousal visa might be easier to get eventually.  

 

She doesn't have a visitor visa, right? The possibility to apply for a PhD degree for a student visa (I'm saying PhD because those visas are usually easier than for some shady program or community college).

 

 

Thanks for explaining. I thought the spousal visa (k3) takes much longer than k1 visa, an I correct? It took 3 years for a family member company bf to US, years ago. 

 

how long does it take for phD visa? Or what kind of visa they are called? She wants to come here and do a MD/PhD program. 

 

Thanks you. 

[nightingalejules 678]

Hopefully the ACLU will successfully challenge this travel ban like they did the first one, and they'll have to (at least) step it back to the restrictions that are currently in place. Or just get rid of the whole ill-conceived idea.

[Nilo+Nav 3]

6 hours ago, nightingalejules said:

Hopefully the ACLU will successfully challenge this travel ban like they did the first one, and they'll have to (at least) step it back to the restrictions that are currently in place. Or just get rid of the whole ill-conceived idea.

I hope so too. They can't play with people's life like this! 

[DrEllaNJ 288]

10 hours ago, Nilo+Nav said:

Thanks for explaining. I thought the spousal visa (k3) takes much longer than k1 visa, an I correct? It took 3 years for a family member company bf to US, years ago. 

 

how long does it take for phD visa? Or what kind of visa they are called? She wants to come here and do a MD/PhD program. 

 

Thanks you. 

If she wants to do an MD/PhD program, she should apply to those programs first. Preferably one that gives her funding because in order to get the visa she'll need to demonstrate her ability to pay for her studies. Once she is accepted, she can apply for a student visa (F1 or J1, with F1 preferred because Js sometimes come with 2-year home requirement). If she manages to get her application in before the schools' deadlines (usually January 1), she may be able to come next Fall.

 

I'm so sorry you're in this situation.

[geowrian 22,335]

10 hours ago, Nilo+Nav said:

Thanks for explaining. I thought the spousal visa (k3) takes much longer than k1 visa, an I correct? It took 3 years for a family member company bf to US, years ago. 

K-3 is obsolete now. A spousal visa was referring to a CR-1/IR-1. ETA: ~12-14 months (albeit AP from Iran can be quite long).

[K-1Applicant2017 110]

@Nilo+Nav Thank you for creating this thread. I have been deeply concerned about this as well, but I think its too early to stress (I know its much easier said than done). The Embassies leaked the guidelines that the White House sent out shortly after they announced the formal proclamation on Sunday night. It is my understanding that once phase 2 kicks in, we will be denied unless the reviewing counsel officer makes a determination for a waiver on the spot at the interview. to restate the wavier criteria:

 

a) Denying entry would cause undue hardship to the applicant;
b) His or her entry would not pose a threat to the national security or public safety of the United States; and
c) His or her entry would be in the U.S. national interest.

The instructions define the first requirements as "the applicant must demonstrate to the consular officer’s satisfaction that an unusual situation exists that compels immediate travel by the applicant and that delaying visa issuance and the associated travel plans until after visa restrictions imposed with respect to nationals of that country are lifted would defeat the purpose of travel."  

 

It doesn't really sound like they meant to include family, spouse or fiancé within the waiver definition. to me, it seems like this was meant for people that are in some type of imminent danger. But, the guidelines do say the following: 

 

(SBU) Consular officers may not categorically grant case-by-case-waivers. The P.P. includes the following examples where case-by-case waivers may be appropriate:

...

d) The applicant seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child or parent) who is a U.S. citizen, LPR, or alien lawfully admitted on a valid NIV, and the denial of entry during the suspension period would cause the foreign national undue hardship;

 

So it's possibly that they will grant fiancé's a waiver on the spot, but if the courts don't step in and stop this, I doubt they will.   

 

In my opinion, don't freak out just yet.  I strongly believe that this new ban violates the 14th amendment which protects our right to marry and have a family with whom ever we want. Under the equal protection clause of the 14th amendment, the government cannot take that right away without showing that the law furthers a compelling governmental interest, and the ban is narrowly tailored to achieve that interest. I don't think the white house will be able to convince any judge that the government has a compelling interest in preventing family members, spouses, and fiancés from entry. It's also pretty obvious that this isa blanket ban that is not narrow at all. I also don't thing the Supreme Court is going to be very happy with how the White House wants to get rid  or the "bon fide relationship" test in phase 2, since the Supreme Court slammed them over that over the last ban.  I read a statement from the Hawaii attorney generals office (the same guys that blocked the other ban) and they announced that they are review they're challenge to the new ban and will submit a their arguments to the Supreme Court on October 5th. 

 

I hope my very long rambling alleviates some stress for you and the others in the same boat as us. it certainly 

 

 

Here's the full text:

http://live.reuters.com/event/live_US_Politics/1093572667

 

 

 

[Ontarkie 13,915]

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