My fiance got denied boarding with a valid K-1 Visa, transiting through Paris

[David and Anna 118]

14 minutes ago, geowrian said:

No, they were stopped before boarding the flight to France.

If they were in Paris, then the refusal to board would have been absolutely correct. You cannot transit through a banned country (unless you are exempted from the physical presence EOs, like a spouse would be).

 

While it sounds like they were given wrong info that they couldn't enter on a K-1 from anywhere, they were very fortunate to be stopped before getting to France. They just need a new airline ticket not going through a banned country. If they weren't stopped, they would need to quarantine + get a new ticket.

Thanks for the reply.  The OP was confusing about "where" the denial took place...i thought one thing (paris), you another (tunis) and the person I replied to yet a third (USA).  It would help if people were more detailed/clear in their posts...but no biggie.

 

I do have a follow-up about the ability to transit through EU countries when going to/from the USA.  I researched my flights to/from Turkey and found that I was able to transit both London and Frankfurt provided I stayed "airside" as a transfer and didn't enter either country so to speak.  I'm too lazy to go back and find the 2-3 sources I used to verify that, but do you happen to have a handy source for where you learned the opposite?  Its very possible I got it wrong and would be helpful to clearly know one way or the other as many of try to get to/from the USA to meet our partners...

Edited July 26, 2020 by David and Anna

[geowrian 22,335]

26 minutes ago, David and Anna said:

Thanks for the reply.  The OP was confusing about "where" the denial took place...i thought one thing (paris), you another (tunis) and the person I replied to yet a third (USA).  It would help if people were more detailed/clear in their posts...but no biggie.

 

I do have a follow-up about the ability to transit through EU countries when going to/from the USA.  I researched my flights to/from Turkey and found that I was able to transit both London and Frankfurt provided I stayed "airside" as a transfer and didn't enter either country so to speak.  I'm too lazy to go back and find the 2-3 sources I used to verify that, but do you happen to have a handy source for where you learned the opposite?  Its very possible I got it wrong and would be helpful to clearly know one way or the other as many of try to get to/from the USA to meet our partners...

Here's an example of where staying "airside" still resulted in both the ban applying and having to wait out the 14 day quarantine (which was an issue here as their visa expired in < 14 days):

 

Edited July 26, 2020 by geowrian

[David and Anna 118]

25 minutes ago, geowrian said:

Here's an example of where staying "airside" still resulted in both the ban applying and having to wait out the 14 day quarantine (which was an issue here as their visa expired in < 14 days):

 

Maybe it only works (transferring thru an EU airport) in the USA to "somewhere" direction and not "to the USA"?  Maybe that is what we are seeing?  Also occurred to me the issue could be "passport/visa".  A USC can transit coming back, but not a non-usc (or other exemption).  But the other direction it works for all.  Meh. Confusing.

Edited July 26, 2020 by David and Anna

[geowrian 22,335]

17 minutes ago, David and Anna said:

Maybe it only works (transferring thru an EU airport) in the USA to "somewhere" direction and not "to the USA"?  Maybe that is what we are seeing?  Also occurred to me the issue could be "passport/visa".  A USC can transit coming back, but not a non-usc (or other exemption).  But the other direction it works for all.  Meh. Confusing.

The Executive Order with the Schengen travel ban is here: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

Quote

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.

Exceptions to this are listed in the paragraphs following that line, such as spouse of a USC/LPR. No exception is made for a fiance/fiancee.

 

Based upon that, any physical presence within one of those regions makes you inadmissible to the US.

The airlines refuse to board the people because they are on the hook if they fail to ensure compliance with known restrictions (they can't guarantee actual entry as that's up to CBP, though).

So while the airlines may be the ones defectively enforcing the ban, the actual ban is on entry to the US if you've been in any of those countries (or the various others in the other EOs) within the past 14 days.

[David and Anna 118]

2 minutes ago, geowrian said:

The Executive Order with the Schengen travel ban is here: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

Exceptions to this are listed in the paragraphs following that line, such as spouse of a USC/LPR. No exception is made for a fiance/fiancee.

 

Based upon that, any physical presence within one of those regions makes you inadmissible to the US.

The airlines refuse to board the people because they are on the hook if they fail to ensure compliance with known restrictions (they can't guarantee actual entry as that's up to CBP, though).

So while the airlines may be the ones defectively enforcing the ban, the actual ban is on entry to the US if you've been in any of those countries (or the various others in the other EOs) within the past 14 days.

Thank you! 

 

So its gotta be that a USC can transit EU airports when going from the USA to someplace (in my case Turkey) despite coming from the USA (so the EU ban against American's doesn't seem to eliminate airside transit) but not the reverse.  And of course a USC can transit an EU airport coming home as they are exempted from the USA ban.  (that would explain how I am transiting EU airports in both directions going from the USA to/from Turkey).

[Andrew@Michelle 19]

On 7/25/2020 at 12:29 AM, patis said:

Is that the solution? The airport told her the US was not accepting any visas from tunisia. There is too much misinformation out there. I don't understand it

You both should have researched it thoroughly. Don’t leave anything to chance. Cross reference everything. Especially at the moment. I don’t know how some people get through life.

[patis 18]

****** UPDATE *****

 

I just wanted to update everyone on the current situation. We talked to border control officers at several US airports and they said that having a k-1 and traveling through non-banned countries like Turkey is OK. However if she would have traveled through Paris, she would have been banned. If you want to talk to a border patrol officer you can call your airport and ask for the customs and border number. 

 

So we now have a Turkish airline ticket and are waiting for the flight now. 

 

What we were initially told by the man working for Air France was that K-1's could not enter the US and that there was nothing he could do. This was  only true because airFrance only had flights going through France. So he was partially right. There was nothing HE could do. He failed to mention we could just get a ticket from a different airline and be okay. So K-1's can enter. Just don't buy from airFrance and don't think transiting through Europe is a good idea. 

 

******UPDATE******

 

TLDR: DON'T TRANSIT THROUGH EUROPE ON A K-1. 

 

[patis 18]

4 hours ago, David and Anna said:

Thanks for the reply.  The OP was confusing about "where" the denial took place...i thought one thing (paris), you another (tunis) and the person I replied to yet a third (USA).  It would help if people were more detailed/clear in their posts...but no biggie.

 

I do have a follow-up about the ability to transit through EU countries when going to/from the USA.  I researched my flights to/from Turkey and found that I was able to transit both London and Frankfurt provided I stayed "airside" as a transfer and didn't enter either country so to speak.  I'm too lazy to go back and find the 2-3 sources I used to verify that, but do you happen to have a handy source for where you learned the opposite?  Its very possible I got it wrong and would be helpful to clearly know one way or the other as many of try to get to/from the USA to meet our partners...

I wouldn't advise going through Europe at all if possible. I thought the same thing. That transiting through a country would be different that actually entering the country and getting your passport stamped. The customs officers I spoke to said with a k-1 visa and previously being in the banned Europe countries they will deny entry to the US. 

[Major 24]

1 hour ago, patis said:

****** UPDATE *****

 

I just wanted to update everyone on the current situation. We talked to border control officers at several US airports and they said that having a k-1 and traveling through non-banned countries like Turkey is OK. However if she would have traveled through Paris, she would have been banned. If you want to talk to a border patrol officer you can call your airport and ask for the customs and border number. 

 

So we now have a Turkish airline ticket and are waiting for the flight now. 

 

What we were initially told by the man working for Air France was that K-1's could not enter the US and that there was nothing he could do. This was  only true because airFrance only had flights going through France. So he was partially right. There was nothing HE could do. He failed to mention we could just get a ticket from a different airline and be okay. So K-1's can enter. Just don't buy from airFrance and don't think transiting through Europe is a good idea. 

 

******UPDATE******

 

TLDR: DON'T TRANSIT THROUGH EUROPE ON A K-1. 

 

That was what I was saying earlier, there wasn’t any provision in the EO to allow K1 through ban countries. Anyway, thank God everything worked out at last.

[Mike V 56]

On 7/24/2020 at 6:19 PM, milimelo said:

Have her go through Istanbul or Dubai. 

Dubai has a U.S. pre-clearance facility, so your fiance would be officially in the U.S. as she leaves Dubai.

 

[Ahmed&Freda 628]

1 hour ago, Mike V said:

Dubai has a U.S. pre-clearance facility, so your fiance would be officially in the U.S. as she leaves Dubai.

 

When did Dubai open a pre clearance?  I know they have talked about it but last I was there they didn't have it.  I've used Abu Dhabi pre clearance.  

[Rob & Amy 0]

20 hours ago, David and Anna said:

 

I believe the thread title says the person was stopped at the Paris airport.

 

Whomever in Paris said they could not transit Paris airports whilst transiting from Tunis (a non banned place I believe) to the USA was wrong I think (it happens sadly).

 

To be safe, folks that want to enter the USA from a non-banned place should not transit thru a banned place imho...thus avoiding any issues in that regard (there are plenty of other issues to navigate, this removes one potential problem).

 

 

Thank you  

[SETETA 204]

On 7/25/2020 at 12:59 PM, patis said:

How do I triple check this? I"ve seen countries like Iran, China, EU schengen area are banned. I didn't see turkey anywhere. But also did not see where it was explicitly allowed. I'm worried we'll just be throwing more money away on useless plane tickets.

You dont need to triple check. Get her on a Turkish Airlines flight. The issue is the Europe ban. Info on this is all over Visa. Journey. 

[GeneLiguori 5]

My fienace just arived in US.  From Ukraine to Istanbul to USA.  She had no issues on Tourist Visa.  

[Loren Y 2,731]

On 7/26/2020 at 5:51 PM, Mike V said:

Dubai has a U.S. pre-clearance facility, so your fiance would be officially in the U.S. as she leaves Dubai.

 

Dubai doesn't have a pre clearance, I was thru there a few months ago, Abu Dubai about an hour and a half south has pre clearance.