K-1 Visa Interview - Response from Consulate

[Senad and Anna 1]

Hello,

 

I had high hopes that the consulates would continue with K-1 interviews. My fiances interview was scheduled 2nd week of April, then we were hit with the pandemic and her interview was canceled as for everyone else.

Last week I contacted the consulate in Frankfurt, Germany to see if K-1 visa interviews would be included now that they are reopening for some limited services and received the following as an answer:

 

We are not processing or scheduling K visa appointments at this time. 

Although you may be eligible for an exception from Presidential Proclamation 10052 on the Risk to the Labor Market, you are still present in the Schengen Zone and subject to Presidential Proclamation 9984.  If you are eligible for an exception from Presidential Proclamation 9984 (ex. You have a U.S. citizen or LPR child under 21 or a U.S. citizen or LPR spouse), please contact us at FrankfurtVisaInquiries@state.gov.

 

Did anyone receive anything like this from a consulate?

 

Also, I am having a hard time understanding what an exception could be from the 9984 Proclamation.  Would anyone be able to explain please?   I would really appreciate the help.

 

 

Edited July 22, 2020 by Senad and Anna
error

[carmel34 3,531]

Here are the exceptions to Proclamation 9984, as listed in the proclamation itself.  It's a long list.

 

Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

Sec. 2.  Scope of Suspension and Limitation on Entry.

(a)  Section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

(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;

(iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

(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;

(vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

(vii)   any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;

(viii)  any alien

(A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or

(B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

(ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

(x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or

(xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

(b)  Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.

[Verocopter 104]

Hello,

this is my first post here, so far, I was just a quiet reader.

 

I'm in the same position like you, my Interview was scheduled for March 30th and got cancelled 2 weeks before that. I called the consulate in Frankfurt yesterday and they couldn't give me the information because they simply didn't know anything. They gave me a different number that I had to call (us traveldocs in Germany) but they also only told me that they didn't know and that I should write an email to the frankfurtvisainquiries address, which I did already last week. So far, I haven't heard anything.

 

 

[Aly123 84]

-   any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
what exactly does this mean?  How can the one establish this?

 

also what qualifies as humanitarian travel?

[retheem 553]

5 hours ago, Senad and Anna said:

Hello,

 

I had high hopes that the consulates would continue with K-1 interviews. My fiances interview was scheduled 2nd week of April, then we were hit with the pandemic and her interview was canceled as for everyone else.

Last week I contacted the consulate in Frankfurt, Germany to see if K-1 visa interviews would be included now that they are reopening for some limited services and received the following as an answer:

 

We are not processing or scheduling K visa appointments at this time. 

Although you may be eligible for an exception from Presidential Proclamation 10052 on the Risk to the Labor Market, you are still present in the Schengen Zone and subject to Presidential Proclamation 9984.  If you are eligible for an exception from Presidential Proclamation 9984 (ex. You have a U.S. citizen or LPR child under 21 or a U.S. citizen or LPR spouse), please contact us at FrankfurtVisaInquiries@state.gov.

 

Did anyone receive anything like this from a consulate?

 

Also, I am having a hard time understanding what an exception could be from the 9984 Proclamation.  Would anyone be able to explain please?   I would really appreciate the help.

 

 

In short, they are doing mission critical visas. Unfortunately, K1s are not mission critical.

[Senad and Anna 1]

5 hours ago, Verocopter said:

Hello,

this is my first post here, so far, I was just a quiet reader.

 

I'm in the same position like you, my Interview was scheduled for March 30th and got cancelled 2 weeks before that. I called the consulate in Frankfurt yesterday and they couldn't give me the information because they simply didn't know anything. They gave me a different number that I had to call (us traveldocs in Germany) but they also only told me that they didn't know and that I should write an email to the frankfurtvisainquiries address, which I did already last week. So far, I haven't heard anything.

 

 

Hello.  I am curious what they tell you.  The response i posted came from Frankfurtvisainquiries.  I think we will have to wait untill that proclamation expires, which is Dec 31, 2020.  I just hope it is not extended any further.

[Lucky2Lucky 2,526]

11 hours ago, Aly123 said:

-   any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
what exactly does this mean?  How can the one establish this?

 

also what qualifies as humanitarian travel?

A disabled person separated from their family, Cuban family reunification, Central American Minors.. things that probably don’t affect a fiancé in Germany.

[Verocopter 104]

8 hours ago, Senad and Anna said:

Hello.  I am curious what they tell you.  The response i posted came from Frankfurtvisainquiries.  I think we will have to wait untill that proclamation expires, which is Dec 31, 2020.  I just hope it is not extended any further.

 I hope we do not have to wait until the end of the year. It has been too long already and as far as I understand, it has nothing to do with the immigrant ban that expires on December 31st.

[JFH 12,189]

12 hours ago, Aly123 said:

-   any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
what exactly does this mean?  How can the one establish this?

 

That would be a matter for the CDC. Unlikely to fly for someone from Europe. The PP has decreed that people who have spent any of the last 14 days in the Schengen area are not permitted into the USA with a few exceptions. A K-1 fiancé is not included in the exceptions. The CDC can provide an exceptional case but don’t expect it to work here. 
 

Whilst the infection rates are high here in the US, most European countries are hardly a beacon of hope either, with many European countries having considerably higher death rates (per million population) than here. Hence the president decided to keep them out, rightly or wrongly. 

[Daria Parkinson 43]

Unfortunately, fiancés do not have the same “status” as the lawful spouses.

Might be easier to just marry already, honestly.

[Greenbaum 12,258]

6 minutes ago, Daria Parkinson said:

Unfortunately, fiancés do not have the same “status” as the lawful spouses.

Might be easier to just marry already, honestly.

Marrying and filing a CR-1 now only puts you in the back of the line and another ten plus months to wait. That puts you far into 2021. I bet if K-1's with your timeline if given a visa while you are still being adjudicated for the CR-1 you'd feel sad and depressed because you made a non-logically decision thinking you would be able to game the system. Doesn't work that way but you are still free to make that decision. Good luck and stay engaged. 

[Daria Parkinson 43]

3 minutes ago, Greenbaum said:

Marrying and filing a CR-1 now only puts you in the back of the line and another ten plus months to wait. That puts you far into 2021. I bet if K-1's with your timeline if given a visa while you are still being adjudicated for the CR-1 you'd feel sad and depressed because you made a non-logically decision thinking you would be able to game the system. Doesn't work that way but you are still free to make that decision. Good luck and stay engaged. 

I am already married (if you’re addressing this to me). We’ve made our decision and are seeing many advantages right now of marrying and applying for the CR-1 spousal visa instead of the K-1 fiancé one.  

[Jöla 27]

19 hours ago, Senad and Anna said:

Although you may be eligible for an exception from Presidential Proclamation 10052 on the Risk to the Labor Market

 

 

I wonder why they are saying "may be eligible"?

I thought it was well established that K-1s are not subject to PP 10052 on the Risk to the Labor Market.

[Greenbaum 12,258]

19 minutes ago, Daria Parkinson said:

I am already married (if you’re addressing this to me). We’ve made our decision and are seeing many advantages right now of marrying and applying for the CR-1 spousal visa instead of the K-1 fiancé one.  

Then I will be curious how this works out for you. To compare the path of the K-1 that you were on to the new CR-1 path would enlighten us all. Congratulations on your marriage and all the best to the two of you. 

[Greenbaum 12,258]

1 minute ago, Jöla said:

I wonder why they are saying "may be eligible"?

I thought it was well established that K-1s are not subject to PP 10052 on the Risk to the Labor Market.

USCIS, NVC and the embassies will always answer with indirect statements. This way they have lots of "wiggle" room.