Delaying K-1 Due to Travel Ban

[J+J 49]

Hi everybody

So unfortunately our K-1 case is impacted by the travel ban extension (Myanmar).  We are expecting NOA2 any day now so, obviously terrible timing.

From what I understand we could still progress all the way to the interview, at which point we will almost definitely be put into administrative processing until the ban is lifted or something else changes with the law, or some new waiver becomes available. 

 

We are thinking that we might want to put our case on hold, either at the NVC stage or delay the interview as long as possible.  The reason being, I worry that we will spend a large amount of time and money obtaining documents for the interview that will expire (such as police certs).  The other conceivable outcome might be that we relocate to a third country together and abandon K-1.  In either case, I don't feel great about doing all the work for the interview for a K-1 which might ultimately never be approved.

 

From my understanding you can delay your case for up to one year at NVC, or you can delay the K-1 interview at the embassy stage in four month increments for up to one year.  Is there any advantage/disadvantage to either option?  Anybody here done this?

 

thanks

[Crazy Cat 41,851]

Can you delay a K-1 case at NVC?  I know that a CR-1 case can be delayed there because documents must be submitted......but no documents are submitted (by the user) to NVC for a K-1.

Edited February 16, 2020 by missileman

[Crazy Cat 41,851]

Personally, I would continue the process......

[Hank_ 9,174]

59 minutes ago, J+J said:

Hi everybody

So unfortunately our K-1 case is impacted by the travel ban extension (Myanmar).  We are expecting NOA2 any day now so, obviously terrible timing.

From what I understand we could still progress all the way to the interview, at which point we will almost definitely be put into administrative processing until the ban is lifted or something else changes with the law, or some new waiver becomes available. 

 

We are thinking that we might want to put our case on hold, either at the NVC stage or delay the interview as long as possible.  The reason being, I worry that we will spend a large amount of time and money obtaining documents for the interview that will expire (such as police certs).  The other conceivable outcome might be that we relocate to a third country together and abandon K-1.  In either case, I don't feel great about doing all the work for the interview for a K-1 which might ultimately never be approved.

 

From my understanding you can delay your case for up to one year at NVC, or you can delay the K-1 interview at the embassy stage in four month increments for up to one year.  Is there any advantage/disadvantage to either option?  Anybody here done this?

 

thanks

 

Can't delay at NVC with the K-1.    Whether you can delay at the embassy phase depends on the embassy, the petition validity can be extended for up to one year, some embassies will extend the validity automatically, some require you to request the extension.   If the embassy will do this, then you won't have any issue delaying at the embassy.

[geowrian 22,337]

Agreed with the others. There’s no way to delay a K-1 at NVC. There is no action you need to take at NVC so there is nothing to delay.

[J+J 49]

OK, didn't know there was no option to delay at NVC for K-1.  Must have read that for a CR1 case.

So looks like we will progress to embassy stage and decide from here.  Thanks everybody

[Greenbaum 12,259]

17 hours ago, J+J said:

OK, didn't know there was no option to delay at NVC for K-1.  Must have read that for a CR1 case.

So looks like we will progress to embassy stage and decide from here.  Thanks everybody

Under the climate of this health issue, maybe you will hear something from the embassy concerning alternatives. It's still too early and embassies have not figured this out yet. Stay in touch with the embassy's website for current details but If it were me, I would keep moving forward. You're still many months away from the interview, so it is premature to make any decisions at this point. Good luck. Please return to this post and let us know what is transpiring if there is any new news. Good luck.

[SmallTownPA 72]

20 hours ago, J+J said:

Hi everybody

So unfortunately our K-1 case is impacted by the travel ban extension (Myanmar).  We are expecting NOA2 any day now so, obviously terrible timing.

From what I understand we could still progress all the way to the interview, at which point we will almost definitely be put into administrative processing until the ban is lifted or something else changes with the law, or some new waiver becomes available. 

 

We are thinking that we might want to put our case on hold, either at the NVC stage or delay the interview as long as possible.  The reason being, I worry that we will spend a large amount of time and money obtaining documents for the interview that will expire (such as police certs).  The other conceivable outcome might be that we relocate to a third country together and abandon K-1.  In either case, I don't feel great about doing all the work for the interview for a K-1 which might ultimately never be approved.

 

From my understanding you can delay your case for up to one year at NVC, or you can delay the K-1 interview at the embassy stage in four month increments for up to one year.  Is there any advantage/disadvantage to either option?  Anybody here done this?

 

thanks

What travel ban?

 

The only reason Trump is considering a travel ban on Myanmar is because of the civil unrest

 

"The decision to include Myanmar in the expanded list may be in response to the Rohingya crisis on Myanmar’s western border, where the military government stands accused of carrying out a genocide against the minority-Muslim population. The violence and unrest have ignited a refugee crisis over the border in Bangladesh."

 

As for the Corona Virus.. simply avoid any Chinese connections.

[J+J 49]

I am referring to Trump's extension of the immigration ban for several countries, not any travel ban regarding corona virus (which as of today is only impacting China).

 

The new presidential proclamation states that on February 21st, immigrant visas will no longer be approved for citizens of Myanmar (along with several other countries).  This appears to include K-1.

 

As to the justification for the ban - you can read the actual proclamation and decide for yourself.  The civil unrest may be part of it but I believe it is more in regards to the difficulty (or total inability) for the US to perform background checks on Myanmar immigrants - they have no electronic passport, no electronic records that the US is able to access.  Personally I do not believe Trump cares at all about a genocide in a country halfway around the world, and he is just trying to curtail legal immigration.

 

That is what I'm referring to  in my post, all that said, as Greenbaum stated it is still unclear how the embassies will proceed.  It's also unclear how long the ban will last and all the typical unpredictability that comes with US politics. 

[geowrian 22,337]

Civil unrest is not a basis to deny immigrant visas. What they would normally do - if it got bad enough to no longer provide services in the country - is allow citizens to interview at a nearby consulate instead. They also typically enact restrictions on visas for government officials and their families, and/or restrictions on diplomatic visas.

 

The expanded travel ban here is due to not meeting security and information sharing requirements.

Of course there are individuals who suspect a more nefarious reason, possibly with merit, but that's a separate discussion.

[Ontarkie 14,222]

~~Hijack post removed. Please start your own thread if you have questions of your own.~~

 

~~Please keep this post to the OP's question, and further discussion of bans to the proper thread. I know it is a fine line but please try.

[Mike E 11,739]

5 hours ago, SmallTownPA said:

What travel ban?

 

The only reason Trump is considering a travel ban on Myanmar is because of the civil unrest

 

"The decision to include Myanmar in the expanded list may be in response to the Rohingya crisis on Myanmar’s western border, where the military government stands accused of carrying out a genocide against the minority-Muslim population. The violence and unrest have ignited a refugee crisis over the border in Bangladesh."

 

As for the Corona Virus.. simply avoid any Chinese connections.

The immigration ban on Myanmar citizens is due to:

 

* low quality passports.  Trust me.  Not good. They look like something you could make with decent $1000 printer and an iPhone.  
 

* no apparent progress on rfid in passports 
 

* difficulty in the USA conducting background checks.  
 

* difficulty in getting police certs 
 

* a general lack of professionalism when it comes to birth documents.  Many Myanmar citizens don’t have a birth certificate and in lieu of that the USA requires the immigrant to get a document stating that there is no birth certificate.  Getting a bureaucrat to produce that document is difficult.  If you get an attestation of birth from a relative, getting a Burmese attorney to faithfully translate it is impossible due apparently to Myanmar law. Specifically they refuse to translate “under penalty of perjury”.  
 

The ban on Myanmar immigration has nothing to do with the civil wars in Myanmar or the Rohingya crisis. 
 

Obviously I am happy the ban happened after my wife’s green card arrived but in my experience I see the merit.  
 

Getting back on point, I think OP should continue the process.  There is a decent chance that by a the time this gets to NVC the ban will be lifted or relaxed. 

Edited February 17, 2020 by Mike E