Advice for American with Iranian fiancée

[alexanderm 5]

From my understanding, the 3rd travel ban (Proclamation 9645 issued 9/24/2017 and going into force 12/4/2017 after the U.S. Supreme Court stayed preliminary injunctions issued by U.S. District Courts in Hawaii and Maryland) in effect currently prohibits K1 (and IR1 and CR1) visas from being issued for Iranians to the U.S. A waiver process is an exception to the rule but according to news articles, Senator Jeff Flake wrote in a letter to the State Department stating they'd received reports that there was a "near uniform denial of waivers for visas." In the meantime amicus briefs have been filed by 16 states, many cities, and others against the travel ban and the Supreme Court is set to hear arguments on the case starting April 25 in just over a week. On top of all of this, President Trump has stated his goal of withdrawing from the 2015 Iranian nuclear deal by May 12 unless it can be renegotiated, and violence has recently escalated once again in Syria.

 

At this point with nothing for certain, I'm not sure what my fiancée in Iran and I can plan on doing. It doesn't seem to be of any use starting the K-1 process until the travel ban is decided on by the Supreme Court. The only option for us to be together at this point seems to be living together in a foreign country, and marry there, or move to Iran which was not originally in our plans. One concern about marriage in a foreign county was my impression that CR1 visas took longer to process than K1 visas (though at the moment both aren't possible). She would like to continue her graduate studies towards a doctorate and Germany has been a first choice because of of programs that accommodate foreign students. We've also discussed her studying here in the U.S. and I've noted that student visas are still being accepted, though travel back and forth between the U.S. and Iran for Iranian students seems to be restricted.

 

At this point, just throwing my situation out here for the community. Maybe others in a similar boat can chime in, or anyone else with feedback.

[salhasl 113]

There are a number of us in a similar situation as yours. You seem to have all of the information we do, which is basically our only option is to hope that common sense prevails on April 25th (although the results wont be out until June i heard) and we dont end up being collateral damage. Not just fiances  - there are families separated - wives and husbands, minor children and parents. Worse yet, some of them are in conflict zones like syria and yemen. So in essence, there are US citizens with their spouses and children in war zones they cannot bring back to safety.

 

Little hope that I have is that when travel ban 2 was argued in the supreme court 6 of the 9 justices opined that individuals with bonafide relationships with US Citizens could not be banned https://www.supremecourt.gov/opinions/16pdf/16-1436_l6hc.pdf . The part that scares me though is that JUSTICE THOMAS, with whom JUSTICE ALITO and JUSTICE GORSUCH wanted to stay the injunctions in full. Two more and they could ban our husbands, wives, children indefinitely.

 

Fingers crossed. 

[Anibunny 9]

The Supreme Court hearing is on April 25, and the final Judgment comes out on June 30

[alexanderm 5]

Thanks for the replies salhasl and Anibunny. A lot of undue hardship is being caused by this wide-sweeping order.

[salhasl 113]

4 hours ago, Anibunny said:

The Supreme Court hearing is on April 25, and the final Judgment comes out on June 30

Where did you read the actual decision date of June 30? 

[salhasl 113]

An interesting find : http://www.wtol.com/clip/14293645/families-watch-travel-ban-supreme-court-news-closely

 

Atleast one person seems to have qualified for a CR1 waiver. Although not sure why they did and a family in Yemen didnt. 

[Anibunny 9]

On 4/19/2018 at 8:49 AM, salhasl said:

Where did you read the actual decision date of June 30? 

I don’t recall exactly as I have read many different articles regarding the ban but I saw this more than once. I believe I saw it in the immigrants united group on fb

[Anibunny 9]

Any thoughts on scheduling visa interview at embassy before or after the Supreme Court hearing on June 30? USCIS approved my petition April 18 and I’m wondering if I should just go to the interview ASAP or wait until Supreme Court reaches a verdict. I think just go soon as possible, and probably will go into administrative processing anyway until decision is made

Edited May 12, 2018 by Anibunny

[alexanderm 5]

That's a good question. I wonder if I should go ahead and start the process on my end from the U.S. as the entire process takes time to complete anyway. Since the embassy grants the visa, wouldn't they deny the application in the end regardless of the interview? I wonder what is happening exactly with people who are trying to process marriage visas for travel ban countries right now. For the K-1 visa, I read that the I-129F is valid for 4 months from the date of approval by USCIS but also that the consular officer can extend this if it expires. How long would they allow an extension, is another question. It seems to take the USCIS about 4 months to process the 1-129F and another 4 months before the interview visa occurs, so getting the process started may make sense, but I don't want to start the process only to have to do it all over because of expiration.

Edited May 14, 2018 by alexanderm

[Anibunny 9]

On 5/13/2018 at 8:10 PM, alexanderm said:

That's a good question. I wonder if I should go ahead and start the process on my end from the U.S. as the entire process takes time to complete anyway. Since the embassy grants the visa, wouldn't they deny the application in the end regardless of the interview? I wonder what is happening exactly with people who are trying to process marriage visas for travel ban countries right now. For the K-1 visa, I read that the I-129F is valid for 4 months from the date of approval by USCIS but also that the consular officer can extend this if it expires. How long would they allow an extension, is another question. It seems to take the USCIS about 4 months to process the 1-129F and another 4 months before the interview visa occurs, so getting the process started may make sense, but I don't want to start the process only to have to do it all over because of expiration.

Once u get your NOA2 you have 4 months to do interview from that point and it can be extended another 4 months by the consular officer. I have seen the number of waiver being granted increasing according to the state department website. So if u are granted a waiver at the interview, you can bypass the ban

[alexanderm 5]

Thanks for replying Anibunny, I was wondering about the status of waivers. I plan on starting the K-1 process immediately and making sure the reasons for granting the waiver are all addressed. For me, the undue hardship is that I would without any choice have to leave the country indefinitely to be with my fiance/wife. I believe it's in the national interest of the U.S. to not force its own citizens to leave, just to be with loved ones. I'll also be writing letters to my Congress members on the matter.

 

I found this on a Dept of State website page (bold text regarding waivers):

 

I’ve heard that the Department of State does not grant waivers of the Proclamation.  Is this correct?

This information is incorrect. As specified in the Proclamation, consular officers may issue a visa to nationals of countries covered by the Proclamation with a waiver on a case-by-case basis, when they determine: that issuance is in the national interest, the applicant poses no national security or public safety threat to the United States, and denial of the visa would cause undue hardship.  There is no separate application for a waiver.  An individual who seeks to travel to the United States should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for a waiver.  From December 8, 2017 through May 15, 2018, at least 655 applicants were cleared for waivers after a consular officer determined the applicants satisfied all criteria and completed all required processing.  Many of those applicants already have received their visas.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/RevisionatoPresidentialProclamation9645.html

 

 

[Lovelise26 51]

On 5/23/2018 at 9:19 PM, alexanderm said:

Thanks for replying Anibunny, I was wondering about the status of waivers. I plan on starting the K-1 process immediately and making sure the reasons for granting the waiver are all addressed. For me, the undue hardship is that I would without any choice have to leave the country indefinitely to be with my fiance/wife. I believe it's in the national interest of the U.S. to not force its own citizens to leave, just to be with loved ones. I'll also be writing letters to my Congress members on the matter.

 

 

 

 

That is my second option now that this ban was upheld. My fiance has his interview in a couple of weeks and just continue to pray that he is at least granted a waiver. Otherwise, I'm with you, I'd have to travel South and get my dual citizenship. 

[Javiercasill11 0]

Does anyone know if it’s possible for the fiancé visa to accepted? Even with the travel ban?

[geowrian 22,335]

1 hour ago, Javiercasill11 said:

Does anyone know if it’s possible for the fiancé visa to accepted? Even with the travel ban?

Possible? Yes. A fiance/fiancee can be eligible for the waiver.

However, in practice it's extremely difficult to actually get the waiver approved.

[Shahin9575 0]

I have applied for Fiancé visa February 1st 2018, my fiancé went to interview in October 2018. The officer told her with the evidence you have provided we have no reason not to give you the visa, it’s just the new Trump’s law that we have to process another step to be able to issue you the visa. They told her in 3-6 months we will ask you to send your passport to issue the visa. They asked for few information and we provided all the information the needed for extensive background check. They did receive the informations on November 1st 2018. When I check the status of the case in their website said it will take between 6-10 months and it’s been already 3 months now. Just sitting and praying for her to get the visa and move to the United States, otherwise I don’t know what else to do if she gets denied. A lot of people are telling me it won’t happen but I have hope that she will get the visa (fingers crossed)