Will the new travel Ban affect fiance visas also ?

[Shahrooz 1]

Hello 

Its more than 7 months i am in adninistrative processing after my embassy interview

Now Travel ban injunction lifted, in the news they added

 

"The Supreme Court is allowing to go into effect the executive order's temporary ban on entry into the U.S. of citizens of six Muslim-majority nations, but with an exception for people with bona fide connections to the United States. That includes foreign nationals with familial connections in the U.S., students who have been already admitted into an American university, or workers with existing job offers in the U.S."

 

Or

 

"The court, in effect, said that foreigners with ties or relationships in the United States would not be prohibited from entering the country. But, those applying for visas who had never been here, or had no family, business or other ties could be prohibited"

 

Or

 

"The executive order also made waivers available for a foreign national seeking to enter the United States to resume work or study, visit a spouse, child or parent who is a U.S. citizen, or for "significant business or professional obligations."

 

Will the fiance known as spouse ?

[Coco8 1,042]

I understood that it would not affect them.

 

How long do you have to wait for your K1? It seems the Court is going to decide again on the actual text of the executive order on a couple of months (I think it was October). So it might change again.

[Shahrooz 1]

Wait for what in my K1 ?

The administrative processing (process pending) normally take 2 - 4 months and it can take longer , i am not worry about the time of that process just wondering if that process ends, will they still let me in or we should wait another 90 days for now

It is like 2 years i am waiting for my new life with my fiance 😑

[Coco8 1,042]

5 minutes ago, Shahrooz said:

Wait for what in my K1 ?

The administrative processing (process pending) normally take 2 - 4 months and it can take longer , i am not worry about the time of that process just wondering if that process ends, will they still let me in or we should wait another 90 days for now

It is like 2 years i am waiting for my new life with my fiance 😑

 

Sorry, I meant when do you expect your interview at the consulate. 

 

You've been waiting for an interview for 7 months? That is a long time. Have you tried to contact other people from your country on the forum? Maybe you can create a thread in your country's forum about who is getting interviews and how long it is taking. 

 

 

Edited June 27, 2017 by Coco8

[Coco8 1,042]

This one: 

 

[Shahrooz 1]

I Have had my consulate interview 7 months ago i am in AP now 

[geowrian 22,337]

What qualifies as as "bona fide connection" is not defined yet so nobody can say for sure, but the court's cited examples included a spouse and a student. Therefore, I highly doubt a fiance would be treated differently for this purpose.

[mytruelove18 608]

4 hours ago, Shahrooz said:

Wait for what in my K1 ?

The administrative processing (process pending) normally take 2 - 4 months and it can take longer , i am not worry about the time of that process just wondering if that process ends, will they still let me in or we should wait another 90 days for now

It is like 2 years i am waiting for my new life with my fiance 😑

administrative processing doesnt have timeline to finish.

it could be days weeks, months or years, yeas years.

i was in AP 2 years jut for a little mistake on my record. and AP finish because i finished the relationship and my ex sent a letter to close the case.

 

[sarahandyunus 133]

I would think that if it came down to it and they were to suspend K1s from Iran, your fiance would allow to come to you, you could get married and re-apply with a CR1 since then you would be a USC's spouse...

 

So sorry you have to deal with such stress and uncertainty <3 

[DILAW 94]

11 hours ago, geowrian said:

What qualifies as as "bona fide connection" is not defined yet so nobody can say for sure, but the court's cited examples included a spouse and a student. Therefore, I highly doubt a fiance would be treated differently for this purpose.

Actually, I disagree with you.  If you think about it, when you apply for a K1, the USCIS NEVER asks for a bona fide relationship.  However, the USCIS asks to prove a bona fide relationship to K3 or I-130 applicants. 

I, and this is my opinion based on what I think and I am not a lawyer so take it with a grain of salt, but I think a fiancé wouldn't be allowed to enter.  However, his/her finance who is a US Citizen can travel to Iran and get married.  Then file for a K3 or I-130.  It will take at least 8 months for all the processes to complete, but that's what I think

[geowrian 22,337]

3 minutes ago, DILAW said:

Actually, I disagree with you.  If you think about it, when you apply for a K1, the USCIS NEVER asks for a bona fide relationship.  However, the USCIS asks to prove a bona fide relationship to K3 or I-130 applicants. 

I, and this is my opinion based on what I think and I am not a lawyer so take it with a grain of salt, but I think a fiancé wouldn't be allowed to enter.  However, his/her finance who is a US Citizen can travel to Iran and get married.  Then file for a K3 or I-130.  It will take at least 8 months for all the processes to complete, but that's what I think

True, but that's at the petition stage, not the visa stage. The EO doesn't (directly) affect petitions.

My thought is that the DS-160 explicitly requires you to name if you have an immediate relative in the US, and fiance is an option there.

But again, nobody can say for sure. That's just my $0.02 too.

Edited June 27, 2017 by geowrian

[DILAW 94]

1 minute ago, geowrian said:

True, but that's at the petition stage, not the visa stage. The EO doesn't (directly) affect petitions.

My thought is that the DS-160 explicitly requires you to name if you have a immediate relative in the US, and fiance is an option there.

But again, nobody can say for sure. That's just my $0.02 too.

I see what you mean.  Maybe you are right and I am wrong, but I still don't think an engagement is a bona fide relationship.  Marriage is definitely is, but not an engagement. 

[David & Diana R 1,005]

12 hours ago, Shahrooz said:

Hello 

Its more than 7 months i am in adninistrative processing after my embassy interview

Now Travel ban injunction lifted, in the news they added

 

"The Supreme Court is allowing to go into effect the executive order's temporary ban on entry into the U.S. of citizens of six Muslim-majority nations, but with an exception for people with bona fide connections to the United States. That includes foreign nationals with familial connections in the U.S., students who have been already admitted into an American university, or workers with existing job offers in the U.S."

 

Or

 

"The court, in effect, said that foreigners with ties or relationships in the United States would not be prohibited from entering the country. But, those applying for visas who had never been here, or had no family, business or other ties could be prohibited"

 

Or

 

"The executive order also made waivers available for a foreign national seeking to enter the United States to resume work or study, visit a spouse, child or parent who is a U.S. citizen, or for "significant business or professional obligations."

 

Will the fiance known as spouse ?

A fiance is NOT a spouse.  If what you have written above is 100% accurate it would be my bet that a fiance would not be allowed to enter at this time.  But that's just my guess.  Who knows what will happen tomorrow?  Good luck and God Bless

[Scandi 4,166]

I bet everyone who has a relation to the US (work, student) or a US citizen (spouse, fiance, parent etc) and gets approved at an American embassy will have the right to come to the US. However, those who won't be allowed are the tourists who have no relation to the US, those who just want to travel here for vacation, those with "no good reason" etc.

[useful89 692]

6 hours ago, DILAW said:

I see what you mean.  Maybe you are right and I am wrong, but I still don't think an engagement is a bona fide relationship.  Marriage is definitely is, but not an engagement. 

That's your interpretation. Bona fide just means genuine/sincere/not for the purpose of deception. We have to prove that anyway for a K1 visa, as that is a very important part of the process. Not sure why you feel so strongly that being in a relationship with someone and being engaged to them is not a bona fide relationship.