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Filed: Other Timeline

Hi,

 

Greetings fellow VJs!

 

Has anyone extended (or try to request extension) on theirs (or partner's) K-1 Visa?

 

I have a special situation that may need to extend my fiancee's K-1 Visa.

She lives in China and as of today, because of Coronavirus, there's level 4 (Do Not Travel) travel notice for China. Also, many flights to / from China have been cancelled and US government may take another measure to prevent the spread of the virus by blocking any flight from China.

She has her visa approved and ready to travel, but her visa is expiring soon (next month) and I'm afraid the situation may be getting worse there. She has done a check-up and clean from the virus.

 

Does anyone have advice on requesting K-1 visa extended?

 

Thanks!

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*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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31 minutes ago, uncle-sam said:

Hi,

 

Greetings fellow VJs!

 

Has anyone extended (or try to request extension) on theirs (or partner's) K-1 Visa?

 

I have a special situation that may need to extend my fiancee's K-1 Visa.

She lives in China and as of today, because of Coronavirus, there's level 4 (Do Not Travel) travel notice for China. Also, many flights to / from China have been cancelled and US government may take another measure to prevent the spread of the virus by blocking any flight from China.

She has her visa approved and ready to travel, but her visa is expiring soon (next month) and I'm afraid the situation may be getting worse there. She has done a check-up and clean from the virus.

 

Does anyone have advice on requesting K-1 visa extended?

 

Thanks!

Does she live in China or Hong Kong?  As long as she isn't in Hubei province she can travel.  If she is from mainland China she will get a 14 day quarantine based on the current CDC protocol.

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
31 minutes ago, Paul & Mary said:

Does she live in China or Hong Kong?  As long as she isn't in Hubei province she can travel.  If she is from mainland China she will get a 14 day quarantine based on the current CDC protocol.

 

My understanding is that the US barred all foreign nationals that recently visited China. As her fiance is not a US citizen nor an immediate family, would she not be barred as Hong Kong SAR is technically part of China? The question is whether the current bar extends to Hong Kong SAR as well. 

 

Edit: It looks like Hong Kong SAR may be treated differently, but you may want to speak with someone at the US consulate in Hong Kong

Edited by ADW & JOP

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8 minutes ago, ADW & JOP said:

Hong Kong SAR is technically part of China?

Hong Kong SAR and Macau SAR have passports, monetary and government systems so they are usually handled separate from mainland China

 

CDC reccomends that Non essential travel be curtailed  https://wwwnc.cdc.gov/travel/destinations/traveler/none/china

 

And @ADW & JOP, you are correct that the K1 wouldn't be allowed to travel based on the Proclamation yesterday if she is from mainland. as she is not an immediate relative.

 

The situation is probably going to change a few more times.   Hopefully she is from Hong Kong.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
2 minutes ago, Paul & Mary said:

Hong Kong SAR and Macau SAR have passports, monetary and government systems so they are usually handled separate from mainland China

 

CDC reccomends that Non essential travel be curtailed  https://wwwnc.cdc.gov/travel/destinations/traveler/none/china

 

And @ADW & JOP, you are correct that the K1 wouldn't be allowed to travel based on the Proclamation yesterday if she is from mainland. as she is not an immediate relative.

 

The situation is probably going to change a few more times.   Hopefully she is from Hong Kong.

As someone who holds a dual Hong Kong SAR passport, I get the distinction, but the question is whether the proclamation distinguishes this. I don't think this is entirely clear, although flights from US/Hong Kong are still ongoing, suggesting there may be a distinction.

 

OP. I think the US consulate in Hong Kong would be the best place to answer this question.

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March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/

 

I don't see an exception for a fiance/fiancee, although generally any exceptions that apply to an immediate relative applies to a K-1 holder as well. It's possible it was just overlooked given the speed at which it was released.

Seek information form official sources - the consulate, the airlines, and CBP - to confirm.

 

There is no way to "extend" a K-1 visa. However, they can issue a new one. A new medical would generally be required as the validity period of the visa is constrained by the validity of the medical.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Timeline

Thank you all for the kind responses.

 

 

@geowrian Thanks, yes, I plan to call embassy to check with them.

 

She's from China.

From my understanding, the proclamation is only stating that US Govt will quarantine travelers from China for 14 days. It doesn't refuse the entry. Is that a correct statement?

 

Thanks

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I think that issue is going to be whether they are going to classify her as an immediate family.   The 14 day self quarantine is for US Citizens/LPR/ immediate family that didn't travel to Wuhan.   

 

My flight back from Hong Kong next month is pretty empty and I already got that free business class upgrade. 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: Other Timeline

I agree Paul. I actually don't think fiancee would be considered as spouse / immediate family.

 

Hmm.. that's interesting you pointed out.. I have a different interpretation of the proclamation.. My understanding is that the 14 days apply to every travelers from China except US Citizens / LPR / immediate family (see Section 2 of the Proclamation). US Citizens / LPR / immediate family will not be quarantine as Section 2 stated that the proclamation is "not apply to".

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Filed: Citizen (apr) Country: Russia
Timeline
7 hours ago, Paul & Mary said:

I think that issue is going to be whether they are going to classify her as an immediate family.   The 14 day self quarantine is for US Citizens/LPR/ immediate family that didn't travel to Wuhan.   

 

My flight back from Hong Kong next month is pretty empty and I already got that free business class upgrade. 

I don’t think a K1 visa holder could be classified as an IR just by the definition of the K1.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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