AL09

Bottom line is Embassies are processing plenty of non-immigrant visas, but very few immigrant visas.  That's it.  Now we need to know how they have the authority to do that.

Political pandering, someone in power has found an opportunity to do something they want to do and have done it. It absolutely does not make sense and seems counter-intuitive but that's never stopped somebody from such behavior

The judge ruled that refusing to do the interviews because of travel bans was unlawful and because consulates are moving forward with interviews for other types of visas,  they are capable of processing the Diversity visas as well.  I don't know the strategy for the K1 lawsuit but I imagine those arguments still apply.  

I'm pretty sure the consulates/ embassies were just forced by the court to interview for the Diversity Visas.  

The argument in these suits has never been about entry restrictions as there are loopholes and ways around that. It's about the non issuance of visas. 
Take the K visa for example, the presidential proclamation applies to me but I can still travel to a third country to quarantine before entering the USA. Yet I still have my consulate tell me they are not processing said visa type because of the presidential proclamation. Even on their FAQs on their website they acknowledge that you can travel to a third country to quarantine! Therefore should not affect the issuance of that visa type... But it is. Hence, people are turning to litigation. 

One bad man... A good person could make so much positive change.
 
"It's excellent to have a giant's strength. But it's tyrannous to use it like a giant."

Well, that is an incorrect assumption to say the case won’t go anywhere.  There have been many lawsuits that were filed against decisions that POTUSes have broad authority over - and in some cases federal judges turned those decisions or turned some parts of it. Recent cases that come to mind are DACA etc. That’s the power the judiciary wields. Yes, federal decisions can be overturned as well via the appellate courts etc. but the point I am trying to make is that it takes 1 federal judge to overturn a decision that a President makes even if the president has authority to make such a decision. 

This is why there needs to be changes. Get out and Vote. One man has been given too much power 

Correct but the law does not state what kinds of visas can be restricted 

Yeah but your premise was still wrong. You were concluding it won't go anywhere because the president has broad authority over the subject but as we all know, that is not correct. Like I said earlier, a Federal judge who listens to both sides of the argument can still rule for or against the President's decision. So a president having broad authority over a subject does not mean, that decision is 100% suit-proof.

DACA was lost
Muslim ban was revoked. 
 
Almost all of the 2020 proclomations are going to be lost
 
so much losing yet some people cant see it

To those saying this has no chance, here's a counter opinion - 
 
https://www.nytimes.com/2020/07/08/us/harvard-mit-trump-ice-students.html
 
Harvard and M.I.T. sued the Trump administration, along with more universities, and the J1 visa was put back on track. I'm aware these cases are quite different but I believe the people saying there is 0 chance of success are not speaking accurately. 

Maybe there won't be any result, but there could be. 

That is not data that backs up that the situation for Americans would become worse (or better) if family based immigration continues. In addition, the exemptions given weaken the argument since the biggest category (spouse/children of USC) does not appear to be a threat to the labor market.

Pretty broad indeed. The only reason why I personally think it's 50/50, is that the entire PP (both, April and June 22nd) is based on immigrants being a threat to the American labor market. This is not backed up by data, and DOS and other agencies state that immigration does the opposite (as in immigration helps grow the economy). I certainly have no clue where this is going, but I can imagine that even a PP must be based on actuals, not on personal feelings of an individual and his racist advisor.

none of that are related to issuance of visas.

Not being able to enter on the visa does not mean Consulates  are barred from issuing Visa.  Issuing Visa vs being not able to enter on the Visa are completely different things. Hawaii vs Trump case is highly being cited by the government in all cases but case was a national security issue and cannot be used to generalize for the broader population who have no national security concerns. Government will lose all the cases.

I agree with you, what the point of getting visas if you can not enter the country. But the law does not give the President power to order DOS to stop processing and issuing visas, I think it's out of his broad authority.

There is a FB group in which members constantly give updates about the lawsuit. You can find it here (Social media link removed.)
 
Quick interesting point: the law gives POTUS a right to restrict entry of certain individuals but never says it allows the president to stop issuing visas.
 
From judge Mehta: " “‘Suspend the entry of’ — it doesn’t say anything about rendering anybody ineligible to receive [a visa],” Mehta said, after reading from the immigration statute at issue in the case"

You waited approx 10 months from time of file to time of marriage according to your timeline.  Many of us today are on over a year after file with no idea of when the heck we will ever have a hope of marrying our fiance. 
 
Its these condescending, unsympathetic and "devils advocate" attitudes from people who have been well out of the processes OPs are going though that give VJ forums a bad name.  I've seen and received reply posts from you embodying this exact sentiment. 
 

I’m sure many many people in this board have been separated from their loved ones. However many of us are separated In unprecedented times during a pandemic in which borders and embassies have been closed for months, USCIS has a pending furlough, and the future of immigration is uncertain. I would have expected those who had to go through this separation before would be the most sympathetic towards those of us desperately trying to do something to gain some control of the situation, instead of the constant gatekeeping I see on this forum.

What exactly is the purpose of this statement? The State Dept Guidance docs are out there, the news articles and summaries are out there, why do I need to cite anything? You can explore the transparency of the State Dept on your own. As if the experiences in these forums didn't make that clear enough.
 
I can't imagine being in the AOS stage of our journey and still jumping on the K1 forums to pick apart initiatives applicants are promoting to get their cases acted upon during a pandemic with an administration that has attacked immigration like none before. There is literally no one who has gone through this process before during these circumstances. I can't imagine offering anything but support to people in this position while being thankful I am actually with my spouse. 

Per DS-160, an official government document, it clearly states:  Immediate Relatives means fiance/fiancee, spouse (husband/wife), child (son/daughter), or sibling (brother/sister).  
 
This makes K1 visa 'mission critical'.

Hi everyone, remember me?
 
I'm now sitting in an air bnb in Belgrade, Serbia. After the heartbreak of being denied boarding in Manchester to Mexico last month, the relief of getting even this far is huge.
 
Some info on my experience for the journey from Heathrow to Belgrade for those interested:
 
Very easy, very quick, no questions asked. I had no bags to check; was straight through to security (recommended). No temperature checks, no health forms to fill out, no landing card needed. If it wasn't for everyone wearing masks, it would seem "normal". Flight was pretty full. Thankfully had an empty seat beside me.
 
Arriving in Serbia:
 
Again, very quick and easy. Went a little something like this at passport control:
- I give them my passport
- They ask how long I'm staying
- They ask where I'm staying
- They stamp my passport
- I leave the airport
 
Nothing else to it.
 
And now, I wait... People in Belgrade generally don't care about COVID. Everything and I mean EVERYTHING is open like normal. Barely anyone wearing masks. A little worrying, but what can I do? I'm being careful. Belgrade seems like a really nice city, I like it.
 
If anyone has any questions, feel free to ask me. 

I made this spreadsheet! It's helping me loads and hopefully it can help you too
So far, Mexico and Serbia are the main two countries which have direct flights to the US.
 
https://docs.google.com/spreadsheets/d/1UGaH5KVMQlfrgAnCc_6SDwCQq9CCRCHRy99Nhx7dXaM/edit#gid=0

Yes, I made it! Apologies for the delay, yesterday was my fiancé's birthday so we had to celebrate it!!  
 
For those flying from Mexico to the US, you will have to complete an online questionnaire (afac.hostingerapp.com), take a screenshot of the final QR code and show it at the airport security check. 
 
My flight arrived in Miami 40 minutes before ETA but POE was terrible. Even though there was almost nobody, I spent almost 2 hours in the interview room just because I heard the CBP officer in charge of my case saying that it's been a while that they did not have a K1! They were also confused because they thought I was directly flying from Europe. They hadn't checked my entry stamp in Mexico....... They wanted me to be checked by the CDC until I told them that I had spent 15 days in Mexico before entering Miami. It was so confusing.They then had to regularly check with their colleagues to ensure they were following the correct steps from their end, and finally stamped my passport. Our visa expires on September 2 but we were given 90 days for the wedding (until September 20). After all the craziness we've just been through, I assume you know that we do not want to risk it lol. 
 
I still cannot believe we made it, everything looks unreal. Definitely excited to finally be able to start our lives together, without having to count the remaining days we have together like each time we would visit each other! 
 
For those of us who plan to travel to an unrestricted country or who are still waiting for their 14 days to be over; I am sending you some good vibes and wishing you the best of luck for the rest of your journey! All my thoughts also go to the people who are in the middle of the K1 process. Hang in there, I really hope you will be reunited with your loved ones very soon!