Presidential Proclamation and K1

[H and G 2]

Our I-129F petition was approved 2 months ago but like so many of you it is now stuck at the NVC. I sent my fiancé's embassy in Croatia an email asking about when we can reasonably expect processing to resume, and I received a response saying they will "not process immigrant visas including K1 until July 1st, provided there will be no other presidential proclamations in regard with temporary cessation of immigrant visa processing".  That to me reads as if they treat K1 non-immigrant visas as immigrant visas, and the presidential proclamation is in fact *the* reason they won't process our case at the embassy, and not merely due the pandemic.

 

Some lawyers say K-1 applicants are exempt from the PP, others say they're not. We don't know who to believe at this point. 

 

What have your personal experiences been? Have any of you gotten word from your respective embassies regarding the reason for why they're not processing your fiancé's visa, and whether it is solely due to the pandemic, or the presidential proclamation?  

 

I think this would be beneficial information for all of us K1 applicants to know

 

Thank you

[payxibka 10,044]

It's being reported both ways by consulates including some starting to open up interview calendars.  Won't  know until routine visa service are restored 

[JazzyAutum44 0]

Thank you!

[H and G 2]

It just doesn’t make any sense to me... I get that it’s a dual intent visa, but it’s clearly in the nonimmigrant category so based on that alone it should be exempt... i guess I’ll find out after July 1st but if they keep extending it citing Trump’s immigration ban we may have to figure out alternative solutions like me moving to Croatia.

[emma24 161]

The embassy in Sweden has told me that they will not process any K1s until they are open after closure from the pandemic AND after the proclamation EU travel ban is lifted. 

[TiEy 69]

I think the major problem is that the K1 visa wasn't clearly mentioned in the EO. Every embassy is interpreting the EO in regards to K1 differently. I wish there was a way to push for this to be clarified globally.  

[payxibka 10,044]

16 minutes ago, emma24 said:

The embassy in Sweden has told me that they will not process any K1s until they are open after closure from the pandemic AND after the proclamation EU travel ban is lifted. 

Which is consistent with most interpretations because the Proclamation on the banning certain immigrant visa categories should not have any effect on k1s.

[emma24 161]

14 minutes ago, TiEy said:

I think the major problem is that the K1 visa wasn't clearly mentioned in the EO. Every embassy is interpreting the EO in regards to K1 differently. I wish there was a way to push for this to be clarified globally.  

My embassy also told me specifically that K1s are not included in the proclamation Trump signed on 4/22. The only thing affecting the approval of K1s are the embassies being closed and any travel bans.

Edited June 10, 2020 by emma24

[JBF 116]

1 hour ago, emma24 said:

My embassy also told me specifically that K1s are not included in the proclamation Trump signed on 4/22. The only thing affecting the approval of K1s are the embassies being closed and any travel bans.

That’s exactly what I had been told by the Consulate in Italy. Basically we need to wait until the Schengen travel ban will be lifted. As of right now there are no official information about it, unfortunately. 

[geowrian 22,335]

I've seen K-1 visas issued for people who interviewed before the consulates suspended visa processing, and I've also seen people with emergency interviews get them approved.

[Ukrainian Queen 15]

does anyone have information on how to extend the date given by USCIS for the embassy interview due to both things going on? my date is set to expire on July 15th.

[Greenbaum 12,258]

2 minutes ago, Ukrainian Queen said:

does anyone have information on how to extend the date given by USCIS for the embassy interview due to both things going on? my date is set to expire on July 15th.

A fiancé visa must be issued within four months from the date of approval of the fiancé petition by USCIS (U.S. Citizenship and Immigration Services). If your appointment is later then the validity date, bring a signed and dated letter from your U.S. fiancé(e) stating that you both remain legally free to marry and that you intend to get married within 90 days of your arrival. E-mail or copies are acceptable.

 

9 FAM 41.81 N6.2 Validity of a K-1 Petition

(CT:VISA-2165; 08-21-2014)

An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.

[Ukrainian Queen 15]

6 minutes ago, Greenbaum said:

A fiancé visa must be issued within four months from the date of approval of the fiancé petition by USCIS (U.S. Citizenship and Immigration Services). If your appointment is later then the validity date, bring a signed and dated letter from your U.S. fiancé(e) stating that you both remain legally free to marry and that you intend to get married within 90 days of your arrival. E-mail or copies are acceptable.

 

9 FAM 41.81 N6.2 Validity of a K-1 Petition

(CT:VISA-2165; 08-21-2014)

An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.

so i just need to send her a letter stating this and have her go to the embassy prior to the date given by USCIS? i would hate to have to have this process started from scratch by them stating that we missed our window to request this extension after the July 15th date. thank you for your help much appreciated.

[payxibka 10,044]

14 minutes ago, Ukrainian Queen said:

so i just need to send her a letter stating this and have her go to the embassy prior to the date given by USCIS? i would hate to have to have this process started from scratch by them stating that we missed our window to request this extension after the July 15th date. thank you for your help much appreciated.

Day of interview is when this all happens 

[Ukrainian Queen 15]

10 minutes ago, payxibka said:

Day of interview is when this all happens 

even though the interview may be after this date? do they not ask about this date when we call to set up the interview date? thank you