K1-Visa Entry in the US After the Executive Order on Immigration

[VJmember2020 32]

On 5/13/2020 at 9:21 PM, Justin & Sara said:

Hello Mark,

 

My fiance made it here on May 9th. She said that they checked her temperature before she left Brazil. When she arrived in Houston, they didn't do any medical screen. Immigrations asked her a lot of questions about me and our relationship, then she entered in to the US.

 

Here are the questions that they asked her:

1. How old is your fiance?
2. Where did we meet?
3. Where are you going ?
4. What date would I get married?

5. When was the first time your fiancé went to Brazil?
6. When was the last one?
7. When did he propose to me?
8. How long have we been together?

 

Let me know if you have any questions!

 

Thanks,

 

Justin

My fiance lives in London, UK. If we filed for the fiance visa now, would this be an issue? 

[Just Paul 4,591]

21 minutes ago, VJmember2020 said:

My fiance lives in London, UK. If we filed for the fiance visa now, would this be an issue? 

Why would it be?   The petition is filed and processed in the US.   If the consulates are still closed or backlogged come interview time there will be a wait.

[VJmember2020 32]

Just now, Paul & Mary said:

Why would it be?   The petition is filed and processed in the US.   If the consulates are still closed or backlogged come interview time there will be a wait.

I assumed immigration processing has been halted due to COVID-19. Thank you

[geowrian 22,335]

23 minutes ago, VJmember2020 said:

My fiance lives in London, UK. If we filed for the fiance visa now, would this be an issue? 

Your profile shows IR-1/CR-1 and your post history indicates a wedding in ~2 months. Are you planning to delay the wedding?

 

I no idea how long the Schengen area bans will be in effect, but they do not provide an exception for a fiance/fiancee. They do for a spouse. So if you go the K-1 route, you would need to either wait for that ban to expire or find somewhere not-banned that you can travel to for 14+ days before coming to the US.

[JeanneAdil 6,197]

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

 

i do not see where K1 is exempt unless they have special skills like nursing,  etc

spouses and LPR are exempt but fiancee is not on the list

 

and the above is the order itself from the White HOuse

Edited May 23, 2020 by JeanneAdil

[VJmember2020 32]

23 minutes ago, geowrian said:

Your profile shows IR-1/CR-1 and your post history indicates a wedding in ~2 months. Are you planning to delay the wedding?

 

I no idea how long the Schengen area bans will be in effect, but they do not provide an exception for a fiance/fiancee. They do for a spouse. So if you go the K-1 route, you would need to either wait for that ban to expire or find somewhere not-banned that you can travel to for 14+ days before coming to the US.

 

Yes unfortunately we will be delaying the wedding, so we are debating to just file a petition for the K1 fiance visa in order to speed up the process as we have no idea when international travel will resume once again. 

[geowrian 22,335]

36 minutes ago, JeanneAdil said:

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

 

i do not see where K1 is exempt unless they have special skills like nursing,  etc

spouses and LPR are exempt but fiancee is not on the list

 

and the above is the order itself from the White HOuse

The "exception" in that EO is that it only applies to immigrant visas. K-1 is NIV.

Edited May 23, 2020 by geowrian

[VJmember2020 32]

does anyone know if the K-1 visa is exempt from the EO? 

anyone filed for the K-1 after the EO was put in order? 

[VJmember2020 32]

1 hour ago, geowrian said:

Your profile shows IR-1/CR-1 and your post history indicates a wedding in ~2 months. Are you planning to delay the wedding?

 

I no idea how long the Schengen area bans will be in effect, but they do not provide an exception for a fiance/fiancee. They do for a spouse. So if you go the K-1 route, you would need to either wait for that ban to expire or find somewhere not-banned that you can travel to for 14+ days before coming to the US.

Im confused here, we have already postponed our ceremony date, so we are still just engaged. Couldn't we still file for the k1 without the need for me to travel abroad? 

[geowrian 22,335]

4 hours ago, VJmember2020 said:

Im confused here, we have already postponed our ceremony date, so we are still just engaged. Couldn't we still file for the k1 without the need for me to travel abroad? 

Yes, you can.

I meant if the K-1 visa was issued and the EO w/ the 14 day ban was still in place.

[HRQX 4,145]

On 5/13/2020 at 6:21 PM, Justin & Sara said:

My fiance made it here on May 9th.

Good to hear that she traveled way before the Proclamation on travel from Brazil was announced: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/

On 5/22/2020 at 6:51 AM, Mark11 said:

but we're quickly formulating "Emergency Plan B" in which she grabs her toothbrush and heads to the airport !

Hurry! Get her on flight, ASAP. "This proclamation is effective at 11:59 p.m. eastern daylight time on May 28, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on May 28, 2020."

Edited May 25, 2020 by HRQX

[Mark11 36]

15 minutes ago, HRQX said:

Good to hear that she traveled way before the Proclamation on travel from Brazil was announced: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/

Hurry! Get her on flight, ASAP. "This proclamation is effective at 11:59 p.m. eastern daylight time on May 28, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on May 28, 2020."

HRQX,

 

You're absolutely right!  We initiated the "Grab-toothbrush-and-go" plan immediately.  She quit her job about 6 hours ago, threw stuff into a suitcase and will be on the one and only flight out of her city tomorrow morning (monday) to Sao Paulo airport.  Then she'll grab an 11:30 PM flight from Sao Paulo to Houston, arriving in Houston at 7:00 am Tuesday morning.  I'll meet her in Houston.  A total mess at her end -- loose ends everywhere.   She's frazzled to say the least.

 

--Mark

[HRQX 4,145]

On 5/22/2020 at 9:19 PM, DianaT said:

She is planning to come on the 29th. 😓

Find a way earlier flight; like leaving ASAP. New Proclamation: "This proclamation is effective at 11:59 p.m. eastern daylight time on May 28, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on May 28, 2020."

[vincentlina 74]

1 hour ago, Mark11 said:

HRQX,

 

You're absolutely right!  We initiated the "Grab-toothbrush-and-go" plan immediately.  She quit her job about 6 hours ago, threw stuff into a suitcase and will be on the one and only flight out of her city tomorrow morning (monday) to Sao Paulo airport.  Then she'll grab an 11:30 PM flight from Sao Paulo to Houston, arriving in Houston at 7:00 am Tuesday morning.  I'll meet her in Houston.  A total mess at her end -- loose ends everywhere.   She's frazzled to say the least.

 

--Mark

My friend Mark, I did warn you that this was coming. One thing everyone who's in this "current" immigration nightmare needs to be aware of, whenever there is chatter that Trump will be doing something on "immigration" -- believe it will happen within a week's time. Rumors seldom escape Trump administration by happenstance.

[Justin & Sara 75]

On 5/23/2020 at 12:19 AM, DianaT said:

Thank you for replying back, She speaks Portuguese, now my new concern is, very soon U.S will shut down all flights from Brazil. She is planning to come on the 29th. 😓

Hey @DianaT

 

See the following message below:

 

Let your sister know she need to get here ASAP before May 28th.

 

 Proclamation on travel from Brazil: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/

Hurry! Get her on flight, ASAP. "This proclamation is effective at 11:59 p.m. eastern daylight time on May 28, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on May 28, 2020."