Jump to content
Sign in to follow this  
Chrissyb455

K1 Visas are NOT exempted from the April 2020 immigration suspension

51 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Jamaica
Timeline

I am broken-hearted right now...

I emailed my local US Embassy asking for clarification regarding the K1 visa and the ban president trump enforced..

they replied with the following:

K1 visas are not exempted from the Presidential Proclamation and therefore can not be processed or issued until such time as the proclamation and any further extensions are expired.

 

We do not currently know when the Consular Section will be able to resume providing routine services.  Please refer to our website for updated information.  

However, we will contact you to reschedule your K1 appointment once we are able to do so and once allowed under the Presidential Proclamation.  

 

 

Sincerely,   

  

Immigrant Visa Unit   

U.S. Embassy Kingston 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline
12 minutes ago, Chrissyb455 said:

I am broken-hearted right now...

I emailed my local US Embassy asking for clarification regarding the K1 visa and the ban president trump enforced..

they replied with the following:

K1 visas are not exempted from the Presidential Proclamation and therefore can not be processed or issued until such time as the proclamation and any further extensions are expired.

 

We do not currently know when the Consular Section will be able to resume providing routine services.  Please refer to our website for updated information.  

However, we will contact you to reschedule your K1 appointment once we are able to do so and once allowed under the Presidential Proclamation.  

 

 

Sincerely,   

  

Immigrant Visa Unit   

U.S. Embassy Kingston 

They gave you incorrect information. The suspension is for individuals attempting to enter the US as immigrants (green card holders) 

Edited by Solaris81

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Jamaica
Timeline
3 hours ago, Greenbaum said:

The man who has the gold makes the rules. :thumbs:

@Greenbaum Are you suggesting that the embassy will determine if we’re exempted or not?

Do you have any suggestion on how to proceed?

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline
7 hours ago, Babu Frik said:

That won't stop them from not processing them if that's their stance.

If course it will. It's a matter of legality. This EO is only interpreted one way. Embassies nor any other entity can make decisions based on their own interpretation. 

Share this post


Link to post
Share on other sites
3 hours ago, Chrissyb455 said:

@Greenbaum Are you suggesting that the embassy will determine if we’re exempted or not?

Do you have any suggestion on how to proceed?

They will determine if they will interview your or not and has no bearing on any EO until someone corrects them. In the meantime. "the man with the gold makes the rule". 


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

From the EO:

"Sec3.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation."

 

Even though K-1 is technically not an exception of section 2(b) it does indicate the consular officer is considered to have authority over the decision making.

Edited by Wouter

Share this post


Link to post
Share on other sites
3 minutes ago, Wouter said:

From the EO:

"Sec3.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation."

Here is the problem as I see it. Someone who answered the email is not fully vetted in the EO. Their answer is not coming from the EO but someone who has not interrupted the EO. So, you can populate any part of the EO but if the embassy states this is the way it will be then this is the way it will be. 

 

It seems clear, to me, that K-1 visas are not affected by the latest EO.  It is a non-immigrant visa.  Be aware that CBP at POE has final say regarding any non-citizen's entry into the US.....not any consulate.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Jamaica
Timeline

It seems to me like we’ll have to get an immigration lawyer involved to clear up this confusion and to determine what will happen once the Embassy reopens.

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: New Zealand
Timeline
2 hours ago, Chrissyb455 said:

It seems to me like we’ll have to get an immigration lawyer involved to clear up this confusion and to determine what will happen once the Embassy reopens.

 

Lawyers cannot influence embassy decisions in any way.  

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...