Fiance has visa, can he come to the US?

[opcav 2]

My fiancé received his K-1 Visa about two weeks before the lockdowns and travel bans all started. He was organizing some moving details and wrapping things up to get ready to come.

 

First was the Schengen travel ban (he's in France) and the immigration ban.

 

Since he has his visa - is he allowed to come into the country now? Has anyone had their fiancé arrive during this time? We're just worried he may have issues or get quarantined.

 

Thank you!

[NoMansLand2020 298]

7 minutes ago, opcav said:

My fiancé received his K-1 Visa about two weeks before the lockdowns and travel bans all started. He was organizing some moving details and wrapping things up to get ready to come.

 

First was the Schengen travel ban (he's in France) and the immigration ban.

 

Since he has his visa - is he allowed to come into the country now? Has anyone had their fiancé arrive during this time? We're just worried he may have issues or get quarantined.

 

Thank you!

He will not be able to come to the US at this time. Only those below are exempt 

 

Not all foreign travelers will be subjected to the travel restrictions. The spouses, parents or siblings of American citizens or permanent residents, will be exempt, as will members of the U.S. military and their spouses and children.

[opcav 2]

4 minutes ago, Solaris81 said:

He will not be able to come to the US at this time. Only those below are exempt 

 

Not all foreign travelers will be subjected to the travel restrictions. The spouses, parents or siblings of American citizens or permanent residents, will be exempt, as will members of the U.S. military and their spouses and children.

Is this from the Immigration ban or the travel ban?

[Quarknase 1,072]

1 minute ago, opcav said:

Is this from the Immigration ban or the travel ban?

travel

[opcav 2]

1 minute ago, Quarknase said:

travel

The travel ban was supposed to be for 30 days? Did they extend it?

[Quarknase 1,072]

3 minutes ago, opcav said:

The travel ban was supposed to be for 30 days? Did they extend it?

I'm not sure if it was extended or just never lifted, but it's still in place. You can check for updates here: https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html

 

[HRQX 4,145]

19 minutes ago, opcav said:

The travel ban was supposed to be for 30 days? Did they extend it?

No expiration; link to Proclamation 9993: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/ "This proclamation shall remain in effect until terminated by the President."

35 minutes ago, opcav said:

Since he has his visa - is he allowed to come into the country now?

Technically, he can enter with the K-1 after spending 14 days in a country like South Korea, Belarus, etc. prior to attempting US entry. But in practice, those countries (and any transit countries) can have their own travel restrictions that make it too convoluted and thus not feasible to travel to the US.

https://www.dhs.gov/news/2020/03/17/fact-sheet-dhs-notice-arrival-restrictions-china-iran-and-certain-countries-europe "The President issued Proclamations 9984, 9992, and 9993, which suspends entry to nearly all foreign nationals who have been in China, Iran, and certain European countries at any point during the 14 days prior to their scheduled travel to the U.S."

https://lu.usembassy.gov/esta-cancellation-information-in-response-to-covid-19/ "If you have not been in the Schengen Area during the 14-day period preceding entry, and you are not departing from or transiting through the Schengen Area during your travel to the United States, then you are not subject to the Proclamation."

Edited May 4, 2020 by HRQX

[JFH 12,190]

Someone from the UK with an immigrant visa was considering spending 14 days in Mexico before entring. Of course, that requires firstly being able to get into Mexico (there may or may not be restrictions on French people entering Mexico) and there is also the risk that during the 14-day wait the border between Mexico and the US could be closed, or the flights all cancelled, or similar, leaving the person stuck in Mexico. 

[jan22 3,056]

4 hours ago, JFH said:

Someone from the UK with an immigrant visa was considering spending 14 days in Mexico before entring. Of course, that requires firstly being able to get into Mexico (there may or may not be restrictions on French people entering Mexico) and there is also the risk that during the 14-day wait the border between Mexico and the US could be closed, or the flights all cancelled, or similar, leaving the person stuck in Mexico. 

The US - Mexico (and US - Canada, for that matter) border is already closed to non-essential travel. (The closure, which started on March 19, was extended for an additional month in April.  Given the state of the COVID-19 level in Mexico right now, it could well be extended again)   Entry is permitted for business, students, emergency personnel, and temporary work visa holders.  There are "stringent" limits on entry for tourism or shopping.  It is highly doubtful that a person who recently entered Mexico as a visitor would qualify for entry as an essential travel visitor to enter the US.

Edited May 5, 2020 by jan22

[HRQX 4,145]

18 hours ago, jan22 said:

The US - Mexico (and US - Canada, for that matter) border is already closed to non-essential travel.

That is correct for land border: https://www.dhs.gov/news/2020/04/21/fact-sheet-dhs-measures-border-limit-further-spread-coronavirus "Effective at March 21, 2020 at 12:00 a.m. EDT, CBP will, as authorized, implement CDC authority under 42 U.S.C. § 265 to prohibit entry of certain persons into the United States. CBP will assist the Department of Health and Human Services’ (HHS) and U.S. Centers for Disease Control and Prevention (CDC) to protect against the spread of the novel coronavirus (COVID-19) by implementing the emergency authorities under 42 U.S.C. § 265 at the nation’s land borders to prohibit the introduction of certain persons in the interest of public health."

Can still enter the US from MX (or Canada) via air.

Edited May 5, 2020 by HRQX

[laylalex 7,293]

2 minutes ago, HRQX said:

That is correct for land border: https://www.dhs.gov/news/2020/04/21/fact-sheet-dhs-measures-border-limit-further-spread-coronavirus Can still enter the US from MX (or Canada) via air.

Even for non-essential travel though? 

[HRQX 4,145]

9 minutes ago, laylalex said:

Even for non-essential travel though? 

In the case of K-1 travel from Canada has been happening after the US-Canada land border closed to "non-essential travel."

I assume the same for K-1 travel from MX.

Edited May 5, 2020 by HRQX

[laylalex 7,293]

Thanks, that's very useful. The person who was asking me about it would not have a K1, she has an existing approved ESTA that she last used in early February, and would be coming in under the VWP. I told her to just ride it out, she and her boyfriend can see each other when the borders are reopened.

[Boiler 45,657]

It seems visitors have been refused at the Canadian border but them others have managed it, comes back to the variability of the situation.

[HRQX 4,145]

1 hour ago, laylalex said:

Thanks, that's very useful. The person who was asking me about it would not have a K1, she has an existing approved ESTA that she last used in early February, and would be coming in under the VWP. I told her to just ride it out, she and her boyfriend can see each other when the borders are reopened.

Entering with ESTA is allowed after spending the 14 days in a nonrestricted country. But the high cost and any unpredictable future policies make it unappealing. For OP's fiance, he can follow Ela's case:

She's about to enter Mexico for a 2 week stay. Then she's going to attempt to fly into the US with her K-1.

Edited May 5, 2020 by HRQX