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Derek Scheyer

Immigration Suspension Executive Order - MEGA THREAD

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Filed: K-1 Visa Country: France
Timeline
9 minutes ago, Rebecca95 said:

So it sounds like bad news for us with a K1 interview pending like myself. But even if this didn't mean we were under the ban, a lot of us can't progress anyway because of flight bans and embassies being closed. I just hope our actual visa process won't be effected and will be paused due to this. That's been my concern all along, but needing to wait 2 extra months is horrible.

I Really hope this is the case. My fiancé called and his interview is still on for June 3 so I’m very hopeful. The k1 visas wiIl fall under the NIV category 

 

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it would seem K1 wouldnt be affected by this EO in any way as it only affects aliens as immigrants, with the K1 being a non immigrant visa.

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Filed: AOS (pnd) Country: Philippines
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1 minute ago, Dashinka said:

 

I doubt it, a K1 going through AOS would be 5-7 months before they could work legally once they file AOS.

 

There is a way that only takes something like 2 months, but it expires at the end of 90 days, so people don't do it. But practically speaking you are right.

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Filed: K-1 Visa Country: Australia
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11 minutes ago, Dashinka said:

Number 1 would seem to exempt K1s.

That’s how I’m reading it too. I just checked the legal references on USCIS and fiancés issued a k1 visa are are definitely categorized as a non-immigrant. And the EO itself states it is suspending aliens as immigrants. I’m hoping I have interpreted this correctly because I filed for an emergency k1 visa interview two days ago. 

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2 minutes ago, LaraAndEric said:

Does this mean, people that already have their K1 visas approved can enter the US once the travel ban is lifted?

1) Does not appear to apply to K-1 in general.

2) Existing visas are exempt.

 

2 minutes ago, designguy said:

I think this:

Could be interpreted as those you currently have an immigrant visa are exempt. It does not necessarily mean those who apply for a NIV with immigrant intent will be exempted. There is no mention of NIV visas only that those who are currently in possession of an immigrant visa are exempt

The EO says "The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.". To me, that means anything with non-immigrants is not impacted because that is very specific terminology when it comes to immigration.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Ukraine
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Well, our K-1 is on it's way to the NVC where it will basically be DOA no matter what this suspension says. We were already in a suspended period because everything is closed anyway, and have prepared for it. It sucks, but not really a shock at this point. I think everyone should keep moving with their process until someone stops you, that's really all we can do right now. 

 

We need businesses, borders and embassies open before we can do jack,, and that won't happen for at least 60 days anyway.

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