Has Anyone Left Europe's Schengen Area for 14 Days to Then Enter USA?

[stuckonyou 75]

4 minutes ago, Mihaela Plesa said:

as far as I know, the embassy in Bucharest is open, just not processing K1 visas at the time.  I just don't understand this.  It's not like they have a huge amount of K1 visas, which would totally overwhelm them!  The Brussels embassy was processing an average of 3-5 K1 visas per month before the pandemic hit.  It's politics, it's laziness, and it's a power struggle.  So frustrating!

I agree! ☹️ Especially since Department of State updated late August saying that K1's should be a priority... 

 

5 minutes ago, JCB86 said:

@stuckonyou if you're familiar with the #loveisnottourism movement, they're pretty big on Facebook. I've seen quite a few folks banding together and quarantining together. You might find someone willing to take a Caribbean vacation in winter from Sweden, lol. 

That does sound nice. ☺️ I'd only do that if I actually had my visa, though... At least the way it is right now. The embassy still has my passport since the interview (in March) and my fiancé will hopefully be able to come to visit me in Sweden in the beginning of the year.

[Mihaela Plesa 8]

36 minutes ago, stuckonyou said:

I agree! ☹️ Especially since Department of State updated late August saying that K1's should be a priority... 

 

That does sound nice. ☺️ I'd only do that if I actually had my visa, though... At least the way it is right now. The embassy still has my passport since the interview (in March) and my fiancé will hopefully be able to come to visit me in Sweden in the beginning of the year.

are Americans allowed into Sweden?  My understanding was that the European Union does not allow American citizens... 

[HRQX 4,145]

2 hours ago, stuckonyou said:

the embassies aren't issuing K1's due to the travel ban.

Are you a Plaintiff in the Milligan lawsuit? https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html "such applicants may, pursuant to the court order, be scheduled for a visa interview even though they are subject to a COVID-related regional proclamation"

"Even if issued visas, K-1 plaintiff applicants remain subject to the regional P.P.s and, unless able to meet the criteria for an exception, are barred from entering the United States if they have been present in a country covered by a regional P.P. in the 14 days prior to entry." This is where the title of this thread comes into play.

[HRQX 4,145]

1 hour ago, Mihaela Plesa said:

are Americans allowed into Sweden? 

Only if exempt. For example, the following describes fiances: "Foreigners whose intention is to enter into marriage or a common-law/cohabitation partnership with, if they can document previous physical contact (e.g. with photographs) and that the relationship is serious" https://polisen.se/en/the-swedish-police/the-coronavirus-and-the-swedish-police/faq/

[stuckonyou 75]

2 hours ago, Mihaela Plesa said:

are Americans allowed into Sweden?  My understanding was that the European Union does not allow American citizens... 

Like HRQX said only if they are exempt. So any fiancé of a K1 applicant would be on the basis that you have the intent to marry a Swedish citizen in the future, and the K1 is your proof of that. ☺️ So we just need to make sure that he can get time off from his job and that he wouldn't be forced to quarantine when he comes back, because he hasn't been able to work from home. But I pray it will all work out okay. His mom came back from Guatemala pretty recently and she didn't need to quarantine.

 

Also here is another quote from https://polisen.se/en/the-swedish-police/the-coronavirus-and-the-swedish-police/faq/:

"Can my boyfriend from the USA enter Sweden? We have right now no intention of living together or getting married.

Boyfriends and girlfriends are not exempted from the entry ban unless they travel to Sweden with the future purpose of living together or getting married, and in such way get family connection to a Swedish citizen."

I wanted to share this too because it makes it a little clearer that the American wouldn't need to come to Sweden to get married at this time. It's enough to have the intent to marry the Swedish citizen in the future and be able to document this intent, that your relationship is serious enough and so on.

[stuckonyou 75]

1 hour ago, HRQX said:

Are you a Plaintiff in the Milligan lawsuit? https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html "such applicants may, pursuant to the court order, be scheduled for a visa interview even though they are subject to a COVID-related regional proclamation"

"Even if issued visas, K-1 plaintiff applicants remain subject to the regional P.P.s and, unless able to meet the criteria for an exception, are barred from entering the United States if they have been present in a country covered by a regional P.P. in the 14 days prior to entry." This is where the title of this thread comes into play.

No, I'm not. But do you think this would change for anyone not part of the lawsuit to later on? 😇

If it's illegal for them to not issue visas on the basis of the travel ban it really doesn't make much sense that they would keep this up, right? Taking the plaintiffs first would make sense, though, but that's a whole different thing...

 

Speaking of the travel ban I also heard that the Trump administration might remove it. But this is just talk, though. Not actual facts. I read it in two different news articles. One from CNN and one Swedish. They could decide either way, but it's still a good thing that it's being talked about because it really doesn't make sense anymore. Not when most countries in the world are NOT banned and those countries are also struggling with the virus just as bad or in some cases even worse.

[HRQX 4,145]

14 minutes ago, stuckonyou said:

If it's illegal for them to not issue visas on the basis of the travel ban it really doesn't make much sense that they would keep this up, right?

The ruling was limited to the Plaintiffs and it seems DOS is taking advantage of that. But the ruling could be seen as opening the floodgates in potential lawsuits against DOS from K-1 applicants affected by COVID-related regional proclamations.

18 minutes ago, stuckonyou said:

Speaking of the travel ban I also heard that the Trump administration might remove it.

Even if the current administration doesn't remove it, the new administration would start in Jan. 20. The new administration hasn't mentioned this topic specifically, but many expect the new administration to end most (if not all) of the current administration's immigration proclamations.

[stuckonyou 75]

2 hours ago, HRQX said:

The ruling was limited to the Plaintiffs and it seems DOS is taking advantage of that. But the ruling could be seen as opening the floodgates in potential lawsuits against DOS from K-1 applicants affected by COVID-related regional proclamations.

Even if the current administration doesn't remove it, the new administration would start in Jan. 20. The new administration hasn't mentioned this topic specifically, but many expect the new administration to end most (if not all) of the current administration's immigration proclamations.

I wonder how fast those potential lawsuits would come, though, and how fast a ruling would come. I'm thinking about that this last one was several months, which is reasonable don't get me wrong, between when people entered it and this ruling came. Now we know there are vaccines coming very soon and I would guess this will affect things positively for us within the coming months too. It should. But who knows.

 

Yeah, I've heard a lot about that the new administration will change a lot in immigration and make it easier for people. But since the travel proclamation is mostly about the virus (or at least was in the beginning!) I've also heard people believe that Biden might not just remove that until it would be safer or something. So not sure what to believe there. But if anything he might give exemptions to the travel ban to people with a family connection to a US citizen. But it's all speculation. I hope something good will happen, though. 😇

[HRQX 4,145]

7 minutes ago, stuckonyou said:

But if anything he might give exemptions to the travel ban to people with a family connection to a US citizen.

It doesn't even have to go to the height of the President. DHS and/or DOS can list a class of visa applicants as National Interest Exemption. Some examples;

Athletes: https://www.dhs.gov/news/2020/05/22/acting-secretary-wolf-signs-exemption-allowing-entry-certain-foreign-professional

Students, etc.: https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exceptions-from-certain-travelers-from-the-schengen-area-uk-and-ireland.html

[stuckonyou 75]

15 hours ago, HRQX said:

It doesn't even have to go to the height of the President. DHS and/or DOS can list a class of visa applicants as National Interest Exemption. Some examples;

Athletes: https://www.dhs.gov/news/2020/05/22/acting-secretary-wolf-signs-exemption-allowing-entry-certain-foreign-professional

Students, etc.: https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exceptions-from-certain-travelers-from-the-schengen-area-uk-and-ireland.html

So basically the DOS could just decide to make it easier for K1's on the basis of family. If they wanted to. It really makes me wonder even more why we're being treated like this... 😶

 

DHS and DOS will get new leaders with the new administration, though, right?

[HRQX 4,145]

19 minutes ago, stuckonyou said:

DHS and DOS will get new leaders with the new administration, though, right?

Not immediately. But during the transition, the new administration lists out which changes it would seek per agency. The only other thing the new President can do is remove the head of the agency and the successor (as prescribed by official regulation* and/or law) would fill-in during the interim. The new President's proposed heads of agencies require the advice and consent of the US Senate following appointment by the President before taking office. The proposed Secretary of State is Antony Blinken. The proposed Secretary of Homeland Security is Alejandro Mayorkas.

 

*The current administration tried to disregard the correct process and that resulted in some loses for the government in lawsuits against DHS:

https://www.cnn.com/2020/09/14/politics/judge-chad-wolf/index.html "Judge Paula Xinis, in a 69-page ruling issued Friday, wrote that the two groups are "likely to demonstrate (former acting Homeland Security Secretary Kevin) McAleenan's appointment was invalid under the agency's applicable order of succession, and so he lacked the authority to amend the order of succession to ensure Wolf's installation as Acting Secretary.""

https://www.nbcnews.com/politics/immigration/federal-judge-rules-acting-dhs-head-chad-wolf-unlawfully-appointed-n1247848 "He concluded, "Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA [Homeland Security Act] when he issued the Wolf Memorandum" that suspended DACA."

Edited December 1, 2020 by HRQX

[Mihaela Plesa 8]

20 hours ago, HRQX said:

Are you a Plaintiff in the Milligan lawsuit? https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html "such applicants may, pursuant to the court order, be scheduled for a visa interview even though they are subject to a COVID-related regional proclamation"

"Even if issued visas, K-1 plaintiff applicants remain subject to the regional P.P.s and, unless able to meet the criteria for an exception, are barred from entering the United States if they have been present in a country covered by a regional P.P. in the 14 days prior to entry." This is where the title of this thread comes into play.

I had contacted the Brussels embassy and asked specifically if they would issue my fiance's K1 visa as he was planning on quarantining in a country where there was no travel ban.  It didn't help.  this is what they responded:

"K-1 visa processing in Brussels is still suspended because K-1 visas are still subject to Presidential Proclamation 9993. Once we resume processing, we will contact you directly with further instructions."

So apparently it's only illegal to not process K1 visas for the plaintiffs in the Milligan lawsuit, but it's ok for everyone else.   Ugh... and they wonder why people don't trust the government...

[Boiler 43,859]

Biden says he will crack down on Covid so who knows what will happen, I know Belgium is really bad.

[Mihaela Plesa 8]

2 hours ago, Boiler said:

Biden says he will crack down on Covid so who knows what will happen, I know Belgium is really bad.

Belgium was really bad for a while, but they're doing much better than we are at the moment.  the strict measures have helped.

[stuckonyou 75]

Me and my fiancé are considering joining the lawsuit as new plaintiffs but haven't decided for sure one way or the other yet, but if we do me and a girl from Denmark will do the 14 days travel to another country together.

 

As this thread is so long I haven't read through it all, but I was wondering if someone that has been active on the thread from early on could mention some of the countries that people have went to and where they didn't have any problems? Like a summary? 😅🌎

 

I would want it to be a safe place for two women traveling alone and cheap is good as well. Safe when it comes to the virus would also be good, but as this is something that changes all the time and some places are worse than others it would be way too early to think about that now. We're not even sure we'll join the lawsuit, but I'd like to have an idea about what it could be like with the 14 days quarantine in another country if we do join. Except for when I went to the US last year to visit my fiancé I've only traveled in larger groups before where you just "follow along the crowd", you know. 😶

 

Also, the girl I'd be traveling with said Turkey's cheap. Have anyone gone through there?