K1 Visa Issuance Affected by EO after all?

[tris&kris 132]

2 minutes ago, In4theJourney said:

That’s the way I read it too, there will be no k1 processing until the EO is over for London.  Which means next year, if that’s “good news” for you guys, then it’s good for you. I myself don’t see anything positive about that 

Incorrect. K1s will be processed once routine visa services resume, which is not based on the EO expiration. It’s based on the Department of State and when they decide to resume

[In4theJourney 171]

3 minutes ago, Sarahbmalvin said:

There is no EO for London. The only EO for London is the travel ban which doesn’t have a set end date. It could be tomorrow or it could be next year along with the other EOs. They are in no way related. 

it seems like you guys think you know what’s going on, but in reality you don’t. There’s all kinds of language to the contrary ie, Only  spouses/children but a k1 is a fiancé, not immediate family member. I get it, it’s confusing and beyond frustrating but I go by what the actually embassy is disclosing in emails like this (various) as nothing official has been said about a k1. 

[Just Paul 4,591]

K1/2's not impacted by the EO that covers certain immigrant and now some non immigrant visas.  Green cards are not impacted by that EO or any other

 

Travel from, and transit thru certain countries are banned by another EO.  If you have a visa you can go to a country not banned.

 

When consulates reopen expect they will be handling the immigrant CR1/2, IR1/2/4, IH4 visas first as they are considered mission critical.   K1 and other non immigrant visa will be handled latter.   Look at the Jamaica announcement.

 

 

[goldhex 21]

18 minutes ago, Sarahbmalvin said:

Right they are significantly restricted in what they can process while routine services are suspended. 
 

The visas they stated in the email are defined as emergency or mission critical by the PP which is why they are able to be processed.
 

There are plenty of other types of visas, along with K1, that are also deemed as routine and are not being processed. 

This x1000.

 

IMO this thread should be locked as I think all that needs to be said about this has been said. All that will happen now is the potential for misinformation to spread from posts like the 2nd one above. 

 

Also, if a mod wants to change my title of the thread to "K1 Visa Issuance Not Affected by EO after all?" that would be useful I think  

Edited June 23, 2020 by goldhex

[Sarahbmalvin 49]

3 minutes ago, In4theJourney said:

it seems like you guys think you know what’s going on, but in reality you don’t. There’s all kinds of language to the contrary ie, Only  spouses/children but a k1 is a fiancé, not immediate family member. I get it, it’s confusing and beyond frustrating but I go by what the actually embassy is disclosing in emails like this (various) as nothing official has been said about a k1. 

I guess we’ll all find out eventually. It doesn’t seem like you are receiving a visa from London anyway so maybe your process is different but this is the consensus across this topic and forum. Good luck. 

[Just Paul 4,591]

Sorry posted the wrong link!   This is about the discussion about Jamaica providing consular services for mission critical visas.

 

[In4theJourney 171]

2 minutes ago, Paul & Mary said:

K1/2's not impacted by the EO that covers certain immigrant and now some non immigrant visas.  Green cards are not impacted by that EO or any other

 

Travel from, and transit thru certain countries are banned by another EO.  If you have a visa you can go to a country not banned.

 

When consulates reopen expect they will be handling the immigrant CR1/2, IR1/2/4, IH4 visas first as they are considered mission critical.   K1 and other non immigrant visa will be handled latter.   Look at the Jamaica announcement.

 

 

Atleast for Mexico, if you are a LPR, your application is on hold, even for IR/CR. Only USC’s are going to be processed. If by any chance it’s the same for k1, you’d have to be a USC to get your petition rolling. 

[In4theJourney 171]

2 minutes ago, goldhex said:

This x1000.

 

IMO this thread should be locked as I think all that needs to be said about this has been said. All that will happen now is the potential for misinformation to spread from posts like the 2nd one above. 

 

Also, if a mod wants to change my title of the thread to "K1 Visa Issuance Not Affected by EO after all?" that would be useful I think  

You got something official stating that? By something official, I mean the US government, not a immigration attorney. Who is misleading who now ? 

[geowrian 22,336]

3 minutes ago, In4theJourney said:

Atleast for Mexico, if you are a LPR, your application is on hold, even for IR/CR.

There is no such thing as IR/CR for an LPR.

[Just Paul 4,591]

6 minutes ago, In4theJourney said:

Atleast for Mexico, if you are a LPR, your application is on hold, even for IR/CR. Only USC’s are going to be processed. If by any chance it’s the same for k1, you’d have to be a USC to get your petition rolling. 

Correct - Only a US Citizen can file a K1 or CR1/2 or IR1/2.  Those will be eligible for issuance.   

 

An USC IR5 visa petition for a parent, adult children, brother, sister, etc and and LPR visa petition would still be processed by USCIS and NVC but the consulate can not issue a Visa based on the EO.

Edited June 23, 2020 by Paul & Mary

[goldhex 21]

7 minutes ago, In4theJourney said:

You got something official stating that? By something official, I mean the US government, not a immigration attorney. Who is misleading who now ? 

5 hours ago, goldhex said:

A positive update on the US Embassy London website 

https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/

 

1 hour ago, goldhex said:

Routine visa processing isn't suspended due to an EO, it's due to the embassy being closed. 

 

From the US Embassy Website:

 

Is the U.S. Embassy in London closed/Has my visa interview appointment be cancelled?

In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State has temporarily suspended routine visa services at all U.S. Embassies and Consulates.

 

 

[Ermehgerdd 172]

6 hours ago, Sarahbmalvin said:

The silver lining being that it seems like the only thing holding K1 visas back from being processed is the routine services being suspended, they are not affected by any of the proclamations. The embassies are phasing back into operating so once they are fully phased back in the processing should start again. 
 

Given we are able to schedule appointments and dates have been moving in real-time it seems as though there is some kind of plan in place at least. 

Again, I struggle with this explanation differentiating between process restrictions due to routine service interruption independent of the EO because the email from. the. embassy. states that the IVU is severely restricted DUE TO the Proclamation, not due to routine service interruption on behalf of COVID19 considerations.  This suggests that interviews won't resume until something changes with the Proclamation or until the embassy changes their mind on the interpretation of said proclamation. 

 

We have been able to schedule our K1 interview three different times online only to have them all canceled later, as have many others.  Some people have been able to reschedule for their original date or sooner, I don't think the ability to reschedule alone suggests much about whether these interviews will go on as planned, just as the past scheduled ones haven't. 

[Sarahbmalvin 49]

14 minutes ago, Ermehgerdd said:

Again, I struggle with this explanation differentiating between process restrictions due to routine service interruption independent of the EO because the email from. the. embassy. states that the IVU is severely restricted DUE TO the Proclamation, not due to routine service interruption on behalf of COVID19 considerations.  This suggests that interviews won't resume until something changes with the Proclamation or until the embassy changes their mind on the interpretation of said proclamation. 

 

We have been able to schedule our K1 interview three different times online only to have them all canceled later, as have many others.  Some people have been able to reschedule for their original date or sooner, I don't think the ability to reschedule alone suggests much about whether these interviews will go on as planned, just as the past scheduled ones haven't. 

Okay well there is really no point going back and forth on this. I guess everyone just need to accept that it will be interpreted different ways by different people. I hope for all of our sakes it is the lesser of the two evils and we are all out of this mess and back on our way soon. Good luck! 

[payxibka 10,044]

The only interpretation that matters is the one by the DOS.  Once routine visa services resume a clarification in the FAM will most likely occur so that all consulates worldwide do it the same. 

 

Due to routine visa services still being down, the effect of the EO on anything doesn't yet matter so no interpretation has been needed 

Edited June 23, 2020 by payxibka

[HRQX 4,145]

On 6/20/2020 at 12:34 PM, geowrian said:

They don't fit most cases, but surely it's not unreasonable that 1 person could qualify.

I agree. For example, that K-1 couple from Austria could have had a newborn child and the US citizen parent was eligible to transmit US citizenship to the child. Exception from Subsection 2(a)(iii): "any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21"

 

The K-2 could have been an unrelated case where the US citizen married the K-1 holder in the US and the K-2 was follow-to-join. Exception from Subsection 2(a)(v): "any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications" Very strong precedent for stepchild of US citizen to be considered as "child" of US citizen.

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

Edited June 29, 2020 by HRQX