Extending K-1 (Special Situation)

[uncle-sam 1]

Hi,

 

Greetings fellow VJs!

 

Has anyone extended (or try to request extension) on theirs (or partner's) K-1 Visa?

 

I have a special situation that may need to extend my fiancee's K-1 Visa.

She lives in China and as of today, because of Coronavirus, there's level 4 (Do Not Travel) travel notice for China. Also, many flights to / from China have been cancelled and US government may take another measure to prevent the spread of the virus by blocking any flight from China.

She has her visa approved and ready to travel, but her visa is expiring soon (next month) and I'm afraid the situation may be getting worse there. She has done a check-up and clean from the virus.

 

Does anyone have advice on requesting K-1 visa extended?

 

Thanks!

[JFH 12,190]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[Just Paul 4,595]

31 minutes ago, uncle-sam said:

Hi,

 

Greetings fellow VJs!

 

Has anyone extended (or try to request extension) on theirs (or partner's) K-1 Visa?

 

I have a special situation that may need to extend my fiancee's K-1 Visa.

She lives in China and as of today, because of Coronavirus, there's level 4 (Do Not Travel) travel notice for China. Also, many flights to / from China have been cancelled and US government may take another measure to prevent the spread of the virus by blocking any flight from China.

She has her visa approved and ready to travel, but her visa is expiring soon (next month) and I'm afraid the situation may be getting worse there. She has done a check-up and clean from the virus.

 

Does anyone have advice on requesting K-1 visa extended?

 

Thanks!

Does she live in China or Hong Kong?  As long as she isn't in Hubei province she can travel.  If she is from mainland China she will get a 14 day quarantine based on the current CDC protocol.

 

[ADW & JOP 146]

31 minutes ago, Paul & Mary said:

Does she live in China or Hong Kong?  As long as she isn't in Hubei province she can travel.  If she is from mainland China she will get a 14 day quarantine based on the current CDC protocol.

 

My understanding is that the US barred all foreign nationals that recently visited China. As her fiance is not a US citizen nor an immediate family, would she not be barred as Hong Kong SAR is technically part of China? The question is whether the current bar extends to Hong Kong SAR as well. 

 

Edit: It looks like Hong Kong SAR may be treated differently, but you may want to speak with someone at the US consulate in Hong Kong

Edited February 1, 2020 by ADW & JOP

[Just Paul 4,595]

8 minutes ago, ADW & JOP said:

Hong Kong SAR is technically part of China?

Hong Kong SAR and Macau SAR have passports, monetary and government systems so they are usually handled separate from mainland China

 

CDC reccomends that Non essential travel be curtailed  https://wwwnc.cdc.gov/travel/destinations/traveler/none/china

 

And @ADW & JOP, you are correct that the K1 wouldn't be allowed to travel based on the Proclamation yesterday if she is from mainland. as she is not an immediate relative.

 

The situation is probably going to change a few more times.   Hopefully she is from Hong Kong.

[ADW & JOP 146]

2 minutes ago, Paul & Mary said:

Hong Kong SAR and Macau SAR have passports, monetary and government systems so they are usually handled separate from mainland China

 

CDC reccomends that Non essential travel be curtailed  https://wwwnc.cdc.gov/travel/destinations/traveler/none/china

 

And @ADW & JOP, you are correct that the K1 wouldn't be allowed to travel based on the Proclamation yesterday if she is from mainland. as she is not an immediate relative.

 

The situation is probably going to change a few more times.   Hopefully she is from Hong Kong.

As someone who holds a dual Hong Kong SAR passport, I get the distinction, but the question is whether the proclamation distinguishes this. I don't think this is entirely clear, although flights from US/Hong Kong are still ongoing, suggesting there may be a distinction.

 

OP. I think the US consulate in Hong Kong would be the best place to answer this question.

[Just Paul 4,595]

Level 2 for HKG https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/hong-kong-travel-advisory.html

[geowrian 22,337]

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/

 

I don't see an exception for a fiance/fiancee, although generally any exceptions that apply to an immediate relative applies to a K-1 holder as well. It's possible it was just overlooked given the speed at which it was released.

Seek information form official sources - the consulate, the airlines, and CBP - to confirm.

 

There is no way to "extend" a K-1 visa. However, they can issue a new one. A new medical would generally be required as the validity period of the visa is constrained by the validity of the medical.

[uncle-sam 1]

Thank you all for the kind responses.

 

 

@geowrian Thanks, yes, I plan to call embassy to check with them.

 

She's from China.

From my understanding, the proclamation is only stating that US Govt will quarantine travelers from China for 14 days. It doesn't refuse the entry. Is that a correct statement?

 

Thanks

[Just Paul 4,595]

I think that issue is going to be whether they are going to classify her as an immediate family.   The 14 day self quarantine is for US Citizens/LPR/ immediate family that didn't travel to Wuhan.   

 

My flight back from Hong Kong next month is pretty empty and I already got that free business class upgrade. 

[uncle-sam 1]

I agree Paul. I actually don't think fiancee would be considered as spouse / immediate family.

 

Hmm.. that's interesting you pointed out.. I have a different interpretation of the proclamation.. My understanding is that the 14 days apply to every travelers from China except US Citizens / LPR / immediate family (see Section 2 of the Proclamation). US Citizens / LPR / immediate family will not be quarantine as Section 2 stated that the proclamation is "not apply to".

[Dashinka 24,645]

7 hours ago, Paul & Mary said:

I think that issue is going to be whether they are going to classify her as an immediate family.   The 14 day self quarantine is for US Citizens/LPR/ immediate family that didn't travel to Wuhan.   

 

My flight back from Hong Kong next month is pretty empty and I already got that free business class upgrade. 

I don’t think a K1 visa holder could be classified as an IR just by the definition of the K1.