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Distant lovers

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    Distant lovers reacted to K-1Applicant2017 in New revised travel ban and k1 visa for finance from Iran   
    @Nilo+Nav Thank you for creating this thread. I have been deeply concerned about this as well, but I think its too early to stress (I know its much easier said than done). The Embassies leaked the guidelines that the White House sent out shortly after they announced the formal proclamation on Sunday night. It is my understanding that once phase 2 kicks in, we will be denied unless the reviewing counsel officer makes a determination for a waiver on the spot at the interview. to restate the wavier criteria:
     
    a) Denying entry would cause undue hardship to the applicant;
    b) His or her entry would not pose a threat to the national security or public safety of the United States; and
    c) His or her entry would be in the U.S. national interest.

    The instructions define the first requirements as "the applicant must demonstrate to the consular officer’s satisfaction that an unusual situation exists that compels immediate travel by the applicant and that delaying visa issuance and the associated travel plans until after visa restrictions imposed with respect to nationals of that country are lifted would defeat the purpose of travel."  
     
    It doesn't really sound like they meant to include family, spouse or fiancé within the waiver definition. to me, it seems like this was meant for people that are in some type of imminent danger. But, the guidelines do say the following: 
     
    (SBU) Consular officers may not categorically grant case-by-case-waivers. The P.P. includes the following examples where case-by-case waivers may be appropriate:
    ...
    d) The applicant seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child or parent) who is a U.S. citizen, LPR, or alien lawfully admitted on a valid NIV, and the denial of entry during the suspension period would cause the foreign national undue hardship;
     
    So it's possibly that they will grant fiancé's a waiver on the spot, but if the courts don't step in and stop this, I doubt they will.   
     
    In my opinion, don't freak out just yet.  I strongly believe that this new ban violates the 14th amendment which protects our right to marry and have a family with whom ever we want. Under the equal protection clause of the 14th amendment, the government cannot take that right away without showing that the law furthers a compelling governmental interest, and the ban is narrowly tailored to achieve that interest. I don't think the white house will be able to convince any judge that the government has a compelling interest in preventing family members, spouses, and fiancés from entry. It's also pretty obvious that this isa blanket ban that is not narrow at all. I also don't thing the Supreme Court is going to be very happy with how the White House wants to get rid  or the "bon fide relationship" test in phase 2, since the Supreme Court slammed them over that over the last ban.  I read a statement from the Hawaii attorney generals office (the same guys that blocked the other ban) and they announced that they are review they're challenge to the new ban and will submit a their arguments to the Supreme Court on October 5th. 
     
    I hope my very long rambling alleviates some stress for you and the others in the same boat as us. it certainly 
     
     
    Here's the full text:
    http://live.reuters.com/event/live_US_Politics/1093572667
     
     
     
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