US Embassies can now process more visas

[Free Man 115]

Can anyone confirm Stepchild of US falls under IR2?

[Kate.Alday 113]

8 minutes ago, Ras Ous said:

Can anyone confirm Stepchild of US falls under IR2?

Of course yes. If you were married before his 18 y.o. According immigration process stepchilds qualify as a us citizen children. Did you apply also petition for your child right? 

[OrihimeandIchigo 216]

5 hours ago, Dougefresh56 said:

I don't want to be rude. But its easy for you to say that you are not separated from your loved one. So as much "sense" as it makes dont wag the finger at other people for being frustrated.

You are being rude. 

 

 @Luckycuds gave you a very rational EXPLANATION about why and you gave a negative "attacking" emotional reaction back in return. 

 

I would apologize. 

Edited June 18, 2020 by OrihimeandIchigo

[Dougefresh56 201]

6 minutes ago, OrihimeandIchigo said:

You are being rude. 

 

 @Luckycuds gave you a very rational EXPLANATION about why and you gave a negative "attacking" emotional reaction back in return. 

 

I would apologize. 

I don't see it that way. There is no rational explanation. The Government should not be deciding any differently between K1 an CR1/IR1. I don't care what the reason. My Fiancée and I decided our path. The fact is if a US Citizen is petitioning their loved one especially Nuclear Family. It doesn't matter the rationale its wrong period the end.

[MattyUKtoUS 242]

I just wish the embassies would announce anything even if it is no or that they are looking into opening and what services. 

 

I think also of us could agree that the lack of information is a real pain in the butt... Months have gone by and still we wait hopeful of any words of hope. Even this news does not really mean anything if the embassy is closed or locked down by the local government. I had not seen my husband in almost 18months and was supposed to get back out there in March - It all got cancelled. I just want to go home. 

 

I am not a religious person but I must admit to quietly praying for news.

 

Stay strong! We will get though this!

[retheem 553]

1 hour ago, Dougefresh56 said:

I don't see it that way. There is no rational explanation. The Government should not be deciding any differently between K1 an CR1/IR1. I don't care what the reason. My Fiancée and I decided our path. The fact is if a US Citizen is petitioning their loved one especially Nuclear Family. It doesn't matter the rationale its wrong period the end.

Actually, there is rationale; a fiance is just that. A fiance. Not an official marital term. As in "you will be" not "you are". A spouse is a defined term. As in the wife. Are you doubting? Let's pull the dictionary.  Ever wondered where no official document has a marital term "fiance"?

Unfortunately when the rubber meets the road, such details can make the difference between a yay and a nay. This thing is more like GO/NO GO gage.  Not what you would want to hear today, but it is what it is at this point. Sorry pal

 

Edited June 18, 2020 by retheem

[retheem 553]

42 minutes ago, MattyUKtoUS said:

I just wish the embassies would announce anything even if it is no or that they are looking into opening and what services. 

 

I think also of us could agree that the lack of information is a real pain in the butt... Months have gone by and still we wait hopeful of any words of hope. Even this news does not really mean anything if the embassy is closed or locked down by the local government. I had not seen my husband in almost 18months and was supposed to get back out there in March - It all got cancelled. I just want to go home. 

 

I am not a religious person but I must admit to quietly praying for news.

 

Stay strong! We will get though this!

Everything will work out. Destination will still be the same. Its more like boarding first class vs economy class. Both will get to the same destination but one boards faster than the other. 

[Henry357 70]

3 hours ago, retheem said:

Actually, there is rationale; a fiance is just that. A fiance. Not an official marital term. As in "you will be" not "you are". A spouse is a defined term. As in the wife. Are you doubting? Let's pull the dictionary.  Ever wondered where no official document has a marital term "fiance"?

Unfortunately when the rubber meets the road, such details can make the difference between a yay and a nay. This thing is more like GO/NO GO gage.  Not what you would want to hear today, but it is what it is at this point. Sorry pal

 

Exactly, there is a major difference under all US laws. I don’t even think a fiancé is considered a relative in most cases under US law;  a spouse is your next of kin and even has common property right in a lot of states.
 

It’s not even an enforceable commitment of any kind.   K1 is just a visa to come and get married; there is no obligation to get married or adjust status. You can leave before 90 days and just say it didn’t work out. 
 

Also, there are a bunch of non-immigrant Visa’s that’s allow dual intent. 
 

 

[geowrian 22,335]

6 hours ago, Ellie_7 said:

I would have loved it if they said K1 visas are mission-critical! I am thankful that they're starting to process some visas, though! 

On June 15, it was reported that the State Department office in DC started Phase I of reopening. I interpret this June 17 update as a reflection of their Diplomacy Strong model which talks about resuming mission-critical matters for Phase I, and for Phase II "limited non-essential".  I don't think one can extrapolate from this update that K-1 is not being given interviews due to the EOs on travel or on immigrant visas. @geowrian What's your take on the June 17 update? Also have you seen any thing else that would shed light on it?

Only time will tell if they will process K-1s normally or keep them on hold as well.

The cases they are processing are all exemptions to the EO. K-1s should not have been impacted by EO to begin with, so that part of me says they should be fine.

Additionally, K-1 is always the odd ball as it's NIV but handled by IV units. Many times even the consulate's own interview instructions incorrectly reference IV requirements (like an I-864 instead of I-134). So it is very possible K visas were just overlooked. It's not a detailed announcement...it's kept short for easy digestion.

 

At the same time, who a consulate interviews is up to them. Unless somebody can get a court to order them to do otherwise, they will do what they do.

 

9 hours ago, Dougefresh56 said:

I don't want to be rude. But its easy for you to say that you are not separated from your loved one. So as much "sense" as it makes dont wag the finger at other people for being frustrated.

I've seen a lot of comments along this line recently. Tensions are too high...

But those of us who are no longer separated from our loved ones know what it was like. We absolutely have not forgotten what it's like. It's not exactly something you just overlook..most of us spent the better part of a year or multiple years apart.

But also being on the outside, we can have a more objective look at things. When you're going through a hardship, it's extremely difficult to be objective.  It's personal. I get that.

 

I personally think it's more likely than not that K-1s will continue since they should not be impacted by the EO. But that's certainly not a guarantee either.

The law is written in a way that clearly differentiates a spouse from a fiance/fiancee. Spouses are generally awarded a different level of concern. For example, a fiance/fiancee is banned by the other EOs based on presence within certain countries within the past 14 days, spouses are exempt.

if spouses (and other exempt IRs) are given priority for appointments then so be it...it is what it is and getting angry, frustrated, annoyed, depressed, or whatever (everybody is different here) will never resolve the issue. Patience is always the name of the game when it comes to immigration.

 

Keep the faith - in yourself, your partner, and whatever else you may believe in.

[Aly123 84]

12 minutes ago, Henry357 said:

Exactly, there is a major difference under all US laws. I don’t even think a fiancé is considered a relative in most cases under US law;  a spouse is your next of kin and even has common property right in a lot of states.
 

 
 

 

I mean K1 are under the Immediate  Relative and Family Sponsored visas on the Travel State Dept  Website. So obviously somebody considers them relatives. Lol

[geowrian 22,335]

5 minutes ago, Aly123 said:

I mean K1 are under the Immediate  Relative and Family Sponsored visas on the Travel State Dept  Website. So obviously somebody considers them relatives. Lol

The DS-160 requires listing a fiance/fiancee as an immediate relative, too.

At the same time, not all relatives are treated equally. As alluded to above, a fiance/fiancee is not exempt from the travel bans based on physical presence, but spouses are. Spouses are awarded all sorts of benefits that don't apply to a fiance, really. The only time a fiance/fiancee is treated on a near-equal footing with immigration is in conjunction with a K-1 visa application (such as qualifying for certain waivers that only an IR like a spouse would normally qualify for).

[Leyla100 1]

20 hours ago, Dustin725 said:

UPDATE JUNE 17th:
Routine visas services have been suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services.  Mission-critical immigrant visa categories may include applicants who may be eligible for an exception under this presidential proclamation, such as: IR/CR1, IR/CR2, IR/IH-3, IR/IH-4, SQ, SI, and certain employment-based medical professionals, as well as cases involving an applicant who may age out.  While embassies and consulates may process these types of cases, their ability to do so may be limited by local government restrictions and available resources.  In addition, an applicant’s ability to travel may be impacted by local laws, regulations, and travel restrictions

So it seems visa services will resume for these visa categories. US Embassy in Jamaica has already confirmed they will be scheduling interviews for IR1/IR2 and CR1/CR2 beginning next week. Source is their official Facebook page. 
 

 

sources: https://travel.state.gov/content/travel/en/News/visas-news/Proclamation-Suspending-Entry-of-Immigrants-Who-Present-Risk-to-the-US-labor-market.html

 

https://m.facebook.com/USEmbassyJamaica/

do they mean those who are currently under 21 of us citizen or those who got their approval before they turned 21??

[JFH 12,189]

11 hours ago, Dougefresh56 said:

I don't want to be rude. But its easy for you to say that you are not separated from your loved one. So as much "sense" as it makes dont wag the finger at other people for being frustrated.

But we have all been through our own periods of separation. Some longer than others. We all understand that. We went through a denial going “the other way” (USC moving to be other country) and the the CR-1 process. We had been married for over 2 years before we could live together. He’s not saying you are wrong to be frustrated. He’s trying to give the reasons behind the decisions. There is a crisis at USCIS at the moment and this is how they are handling it, rightly or wrongly. 

[JFH 12,189]

26 minutes ago, Leyla100 said:

do they mean those who are currently under 21 of us citizen or those who got their approval before they turned 21??

People who are being processed as IR-2 or CR-2. It means F3 are excluded. 

[Leyla100 1]

2 minutes ago, JFH said:

People who are being processed as IR-2 or CR-2. It means F3 are excluded. 

So basically where does age out occur during NVC OR THE EMBASSY ??