Official Executive Order for Suspending Entry of Immigrants

[Just Paul 4,591]

2 minutes ago, Tschuulia said:

So when i As a spouse of a USC would enter while this proclamation is existing i will still get my two year green card?
Or not until this is over? 
thank you

Pay the fee, get the card.  That hasn't changed.

 

Plus the stamp on your visa is good for a year as a green card.

[fem_femme 6]

Guys PLEASE ADVISE

What would you suggest us in our situation please:

im a USC and my husband overseas was due to have an interview...from what i understand, this won't affect us right ? I petitioned as CR-1. Our interview dates got postponed twice already and when Trump announced the plans to suspend immigration, the embassy rescheduled us 60 days in advance now which we aren't happy about as this is our 3rd postponement due to covid so when yesterday the embassy gave us new date, i assumed that they had inside info that the suspension was going to involve CR-1 petitions, so that's why I was like ok it is what it is BUT now that the EO is official and we see that we don't fall under the suspension, is it ok for me to contact the embassy back, bring this aspect to their attention and kindly ask for the postponed interview (we still have to wait 2 months yet again for the interview agh!) to be pushed earlier at least a few weeks earlier? I say this because my hubbies police clearance is going to expire soon with all these postponements plus we keep waiting each time for an interview but it keeps being pushed forward so its stressful and we want to get this over with so much.

[Just Paul 4,591]

9 minutes ago, fem_femme said:

Guys PLEASE ADVISE

What would you suggest us in our situation please:

im a USC and my husband overseas was due to have an interview...from what i understand, this won't affect us right ? I petitioned as CR-1. Our interview dates got postponed twice already and when Trump announced the plans to suspend immigration, the embassy rescheduled us 60 days in advance now which we aren't happy about as this is our 3rd postponement due to covid so when yesterday the embassy gave us new date, i assumed that they had inside info that the suspension was going to involve CR-1 petitions, so that's why I was like ok it is what it is BUT now that the EO is official and we see that we don't fall under the suspension, is it ok for me to contact the embassy back, bring this aspect to their attention and kindly ask for the postponed interview (we still have to wait 2 months yet again for the interview agh!) to be pushed earlier at least a few weeks earlier? I say this because my hubbies police clearance is going to expire soon with all these postponements plus we keep waiting each time for an interview but it keeps being pushed forward so its stressful and we want to get this over with so much.

If they contacted you, you need to get back to them ASAP.  It is first come first served for the schedule.

[ECCK 211]

8 minutes ago, fem_femme said:

Guys PLEASE ADVISE

What would you suggest us in our situation please:

im a USC and my husband overseas was due to have an interview...from what i understand, this won't affect us right ? I petitioned as CR-1. Our interview dates got postponed twice already and when Trump announced the plans to suspend immigration, the embassy rescheduled us 60 days in advance now which we aren't happy about as this is our 3rd postponement due to covid so when yesterday the embassy gave us new date, i assumed that they had inside info that the suspension was going to involve CR-1 petitions, so that's why I was like ok it is what it is BUT now that the EO is official and we see that we don't fall under the suspension, is it ok for me to contact the embassy back, bring this aspect to their attention and kindly ask for the postponed interview (we still have to wait 2 months yet again for the interview agh!) to be pushed earlier at least a few weeks earlier? I say this because my hubbies police clearance is going to expire soon with all these postponements plus we keep waiting each time for an interview but it keeps being pushed forward so its stressful and we want to get this over with so much.

Someone has summarized the EO on the first page of this thread and from that I understand that if you are a USC then it shouldn’t affect your husband. The only thing preventing him from getting his visa is the interview at the embassy. You can always try to request an earlier interview - there is no harm in trying. Hope you hear some good news soon. 

[fem_femme 6]

2 minutes ago, ECCK said:

Someone has summarized the EO on the first page of this thread and from that I understand that if you are a USC then it shouldn’t affect your husband. The only thing preventing him from getting his visa is the interview at the embassy. You can always try to request an earlier interview - there is no harm in trying. Hope you hear some good news soon. 

ok thanks so much for the advice! I just wasn't sure if requesting an earlier interview date will negatively affect us so didn't want to do anything before checking in to get some advice. I will email them again today and bring this to their attention. thanks again!

[Arck 4]

2 hours ago, drtraveler said:

Hi everyone!  My story short: my fiancé (USC) sent K1 visa doc in the mid-December. We got our NOA2 on 30th of March.  I am medical doctor working in my country and being in the middle of nostrification of my medical diploma (to work in USA as MD) I was supposed to take part in Match program for residency in USA this year,  I still need to do a practise exam that is only performed in US (I have my term on 2nd of September in Phili and need to be there to do that). The timeframe with K1 visas PAUSED - confused with EO?? But as in the EO is written that the all physician and the health workers are exempt? How do you think where should we apply our case as the same time we are K1 visa waiters (not sure if they proceed them)  and I am physician (exempt).

PS we get through this together   

If the K-1 is Exempt as it seems now since it falls under NIV unless clarified further, and assuming within the next 30 days or after doesn't get temporarily stopped by another EO, and embassies open and get your K-1 visa before your practical medical exam on September then you can depend on K-1 visa to enter the country and sit for your medical exam and also reunite with your fiance and able to do AOS as normal after marriage.

But if there is any delay of your K-1 then you may consider to apply B1 visa to come for your practical medical exam only. But make sure to ask further how your K1 in process could affect B1 since K1 has dual intent (Immigrant and Non immigrant) while B1 is Non immigrant. And if able to get B1 then you will have to go back to your country after exam or before B1 expires to finalize your K1 process back home and come back again for marriage etc.

 

For the exemption of Medical workers this I believe it refers to medical workers who use employer sponsored visa categories and not family visa category.

Edited April 23, 2020 by Arck
To answer fully

[Just Paul 4,591]

2 hours ago, drtraveler said:

The timeframe with K1 visas PAUSED

It is not paused by the EO.   If the NVC clears the petition it may be paused until the consulate opens.

2 hours ago, drtraveler said:

and I am physician (exempt).

If you are credentialed you may also be exempt but would need a different VISA.

2 hours ago, drtraveler said:

I was supposed to take part in Match program for residency in USA this year,

Curious if / how you can do this on a K1 without EAD.

[ECCK 211]

8 minutes ago, fem_femme said:

ok thanks so much for the advice! I just wasn't sure if requesting an earlier interview date will negatively affect us so didn't want to do anything before checking in to get some advice. I will email them again today and bring this to their attention. thanks again!

I don’t think so. I’ve asked a couple of times and they’re assessing my request for an emergency interview now. Good luck!

[Quarknase 1,072]

7 minutes ago, Paul & Mary said:

If you are credentialed you may also be exempt but would need a different VISA.

This part may or may not be correct. We had a discussion around this on the first 5 or 6 pages and the EO clearly does not define visa category limitation for health care workers. It appears to be up to the discretion of the consular officer to decide if the exemption can be made.

[Arck 4]

5 minutes ago, Paul & Mary said:

Curious if / how you can do this on a K1 without EAD.

If she got in with K1 she can sit for her her medical exam without EAD since its not work/compensated.. you pay to sit for the exam.

[Just Paul 4,591]

Just now, Arck said:

If she got in with K1 she can sit for her her medical exam without EAD since its not work/compensated.. you pay to sit for the exam.

Correct, but can you do a residency without an EAD?

[Just Paul 4,591]

4 minutes ago, Quarknase said:

This part may or may not be correct. We had a discussion around this on the first 5 or 6 pages and the EO clearly does not define visa category limitation for health care workers. It appears to be up to the discretion of the consular officer to decide if the exemption can be made.

We also need to wait for consulates to get instructions and probably open.   

[Duke & Marie 1,389]

10 minutes ago, ECCK said:

I don’t think so. I’ve asked a couple of times and they’re assessing my request for an emergency interview now. Good luck!

How you go with the Aus travel ban for Aussies leaving the country? The exemption applies to residents of another country, as a k1 holder your not yet a resident of USA until you’ve gone through the AOS process? 

 

Are they still going to let you out of Aus... ? If not, the emergency interview won’t matter and could go against you since the visa is only valid for 6 months and Aus don’t look like lifting the Aussie travel ban until 2021

Edited April 23, 2020 by Duke & Marie

[drtraveler 1]

19 minutes ago, Paul & Mary said:

It is not paused by the EO.   If the NVC clears the petition it may be paused until the consulate opens.

If you are credentialed you may also be exempt but would need a different VISA.

Curious if / how you can do this on a K1 without EAD.

Thanks for your answer. Yes, my diploma has been credentialed by ECFMG, but I still need to do one exam (the practical one in US). I did not precise: my Match registration starts this year (september till december 2020) with final result in March 2021 and the residency program starting July 2021 (few months ago we assumed I get EAD before that time). With my fiancé we decided to apply for K1 visa because we don't want to wait until July 2021 (I would than come to US on J-1) to be together especially that last 3 years we are living on the luggages between two countries (every 3 months me or him come for several weeks).

Edited April 23, 2020 by drtraveler

[ECCK 211]

6 minutes ago, Duke & Marie said:

How you go with the Aus travel ban for Aussies leaving the country? The exemption applies to residents of another country, as a k1 holder your not yet a resident of USA until you’ve gone through the AOS process? 

 

Are they still going to let you out of Aus... ? If not, the emergency interview won’t matter and could go against you since the visa is only valid for 6 months and Aus don’t look like lifting the Aussie travel ban until 2021

Yeah we are allowed to apply for an exemption if we need to leave the country. I know of others who have applied and received approval to leave - it’s not an issue. Basically they don’t want aussies to go on holidays and then bring back the virus. But if you’re not coming back in, they likely won’t care.