K1 visa holders/applicants & Covid-19

[A&D25612 32]

Hi everyone. 
 

My US fiancé was supposed to visit me in the UK and stay for 13 days. We were going to leave together for the US on the 31st March. Now that isn’t happening...  My k1 visa expires in early July (I got approved in February). I’m aware there are many others in a similar situation, and many that are probably in worse situations.
 

As many of you probably have figured out, there isn’t any official information for those who hold k1 visas and haven’t yet immigrated to the states (due to the travel ban). Or even what happens with those who are going through the process and how it will affect them. So far from responses I’ve received from trying to contact the embassy and other emails I hoped would be useful, it looks as though the k1 visas cannot be extended (even in light of the virus). Once they expire, it seems you have to get one re-issued. I don’t know about anyone else, but this is ridiculously unfair. Another medical to test for corona? Sure. But anything else? Nope.
 

Like many, I’m waiting it out to see what happens. But let’s assume the travel ban goes beyond people’s visa expiry dates. I wanted to know who would want to petition against this to try and see if we can get something done about it. It’s a long shot and probably a waste of time. I have no idea how I’ll go about a petition, and think it's probably too soon to do so, but just wanted to see who would want to be a part of it. 

 

I know there’s a lot of other more important things going on right now. I’m not posting this to intentionally insult the current crisis or anything.

Stay safe & well,

Ash~

 

 

 

[jan22 2,912]

The same is true for all immigrant visas, not just K-1's -- they can be re-issued, not extended. A re-issued visa still has to meet requirements of the immigrant visa Iaws.

 

Before an immigrant visa can be issued  there must be evidence that the individual is eligible under all grounds included in the law, e.g. financial, criminal, medical, etc.  Medical conditions other than CV-19 may have changed during the 6+ months since the medical was done/visa was issued, so need to be re-evaluated through a new medical, not just a CV-19 test.  The only way to ensure eligibility is with a valid medical report.  IMO, a petition that would, essentially, make the medical process less stringent is unlike to result in even a temporary change to immigrant visa law -- especially since the reason for the worldwide crisis was medically based.

 

I'm sorry your fiancee can't visit -- I'm sure it must be really frustrating to be so close to being together and have it all fall apart.  Hopefully, travel bans will clear before July and you will be able to use your exissting visa.  

[A&D25612 32]

33 minutes ago, jan22 said:

The same is true for all immigrant visas, not just K-1's -- they can be re-issued, not extended. A re-issued visa still has to meet requirements of the immigrant visa Iaws.

 

Before an immigrant visa can be issued  there must be evidence that the individual is eligible under all grounds included in the law, e.g. financial, criminal, medical, etc.  Medical conditions other than CV-19 may have changed during the 6+ months since the medical was done/visa was issued, so need to be re-evaluated through a new medical, not just a CV-19 test.  The only way to ensure eligibility is with a valid medical report.  IMO, a petition that would, essentially, make the medical process less stringent is unlike to result in even a temporary change to immigrant visa law -- especially since the reason for the worldwide crisis was medically based.

 

I'm sorry your fiancee can't visit -- I'm sure it must be really frustrating to be so close to being together and have it all fall apart.  Hopefully, travel bans will clear before July and you will be able to use your exissting visa.  

Yeah that's true. Thank you for your response.
 

[geowrian 22,336]

1 hour ago, A&D25612 said:

So far from responses I’ve received from trying to contact the embassy and other emails I hoped would be useful, it looks as though the k1 visas cannot be extended (even in light of the virus). Once they expire, it seems you have to get one re-issued. I don’t know about anyone else, but this is ridiculously unfair. Another medical to test for corona? Sure. But anything else? Nope.

Correct, the visas cannot be extended. I understand we are dealing with some quite unusual times, but this is a process that is not easily changed. The reality is do not expect exceptions to the law or policies. If one is made later, good, but always move forward assuming they won't make exceptions.

 

The new medical would be because the visas are constrained by the validity period of the medical. Without a valid medical, you are no longer eligible for the visa, so the visa expires alongside it. They cannot reissue the visa under an expired medical because - again - you are not eligible for the visa w/o a valid medical.

 

1 hour ago, A&D25612 said:

Like many, I’m waiting it out to see what happens. But let’s assume the travel ban goes beyond people’s visa expiry dates. I wanted to know who would want to petition against this to try and see if we can get something done about it. It’s a long shot and probably a waste of time. I have no idea how I’ll go about a petition, and think it's probably too soon to do so, but just wanted to see who would want to be a part of it. 

There is a path already available to address this via re-issuing the visa. had there been no means to do anything but start over, petitioning for a change would make more sense, but having to get the visa reissued is an inconvenience (and little bit of an extra cost) in the big picture. Presumably it's a once-in-a-lifetime event immigrating to the US...we just have to suck it up and roll with what we have.

 

It's awful. There's a lot of awful things going on right now. Make the best of what you have.

This is a hurdle. It hurts people. The process is not perfect (or even close). But nonetheless, we do what we need to do.