Looking for guidance - My fiance is on the Newest Travel Ban...now what?

[ags247 1]

Hi all - 

My fiance is Syrian.  It's taken us almost a year to get to this point.  We have our interview coming up in just a few weeks and I'm just wondering what happens now that the travel ban is in place.

1)  He's affected by the travel ban - so what happens if they deny him a k1-visa?

2) Will they automatically deny his k1-visa since he's from Syria?

3)  Can he get a waiver?  Any ideas on how we can get a waiver??

4) If we get denied - what should we do?

[ags247 1]

This is all I'm able to find:  the new order additionally provides consular officers with discretion to waive the new restrictions on a "case-by-case basis" if a foreign national demonstrates that denying entry into the US would cause "undue hardship" and he or she does not pose a threat to national security.

[Boiler 45,486]

Has he been interviewed?

[Kush_Omaded 29]

First off, I'm so sorry.My best suggestion is to contact the embassy. Only they can tell you what they'll be doing with your case; you can see if there's the potential for a hardship waiver in your case or maybe another loophole. If you can find a way to demonstrate your fiancé has connections to the U.S. or is otherwise really pro-America, it might help too. I don't know what their criteria is for determining that someone's not a "threat to the U.S," but if you have chat logs where he's talking about his excitement to come to the States or he's praising something about the U.S., maybe you could include that? Or if he ever worked for an American company or something to that effect, maybe you could include that too? Only the embassy can tell you, though. I'd send them an email or call them. And if nothing else, go to the interview unless you hear otherwise. Good luck!

[LionessDeon 2,060]

1.  ??  His visa application is marked as denied and that ends the application process.   What happens afterward if he is denied is up to you both as a couple.  

2.  No if that was the case they wouldn't being doing interviews.

3.  Waiver depends on the ground for denial and if the consulate determines he is waiver eligible.

4. Again you must decide that for yourselves as a couple.  Options include refiling, marrying and refiling CR1, do nothing, you move there, etc.  Don't put the cart before the horse.  See what happens at the interview first.

[ags247 1]

His interview is Jan 9th.

I'm trying to remain positive - but having a hard time trying to get any answers.

He's a refugee I met while we were volunteering together and now he's finally been placed in another country but still living in a camp for refugees in his new country.... surely there must be some waiver...Anybody know what the procedure is for requesting a waiver? 

[Boiler 45,486]

Nothing to do until his interview.

[ags247 1]

so do I need to write up a waiver letter?

[LionessDeon 2,060]

7 minutes ago, ags247 said:

so do I need to write up a waiver letter?

Write up a waiver letter???  Where are you getting this from?  A waiver from what??  You haven't even had the interview yet.  There is no such thing as a waiver letter.  Its a form sent in with other documentation and paperwork AFTER the embassy tells you it is required.

Edited December 13, 2017 by LionessDeon

[LionessDeon 2,060]

On 12/12/2017 at 11:33 AM, ags247 said:

His interview is Jan 9th.

I'm trying to remain positive - but having a hard time trying to get any answers.

He's a refugee I met while we were volunteering together and now he's finally been placed in another country but still living in a camp for refugees in his new country.... surely there must be some waiver...Anybody know what the procedure is for requesting a waiver? 

Answers from who regarding what?  As I stated in my previous answer you need to have the interview first and go from there.   Surely there must be some type of waiver for what??

[ags247 1]

30 minutes ago, LionessDeon said:

Answers from who regarding what?  As I stated in my previous answer you need to have the interview first and go from there.   Surely there must be some type of waiver for what??

He is subject to the ban. - He can't come into the country - at least according to Trumps new ban :/

[LionessDeon 2,060]

1 minute ago, ags247 said:

He is subject to the ban. - He can't come into the country - at least according to Trumps new ban :/

Ok and.....

 

Waivers don't waive bans.  They waive inadmissibilities. 

Edited December 13, 2017 by LionessDeon

[Unidentified 2,930]

22 minutes ago, ags247 said:

He is subject to the ban. - He can't come into the country - at least according to Trumps new ban :/

If he was subject to the ban I doubt they would even call him in for an interview. The Trump ban has a few exceptions for example family members of USC. Unless you hear otherwise collect evidence and have him go to the interview. 

[nykolos 711]

On 12/13/2017 at 11:46 AM, ags247 said:

He is subject to the ban. - He can't come into the country - at least according to Trumps new ban :/

False

 

https://www.usnews.com/news/us/articles/2017-06-30/trump-travel-ban-wont-keep-engaged-couples-apart-after-all

 

 

[Scandi 4,166]

6 hours ago, nykolos said:

False

 

https://www.usnews.com/news/us/articles/2017-06-30/trump-travel-ban-wont-keep-engaged-couples-apart-after-all

 

 

That article is from June, things have changed since. Last I heard not even spouses will get any visas from some of those 7 banned countries.