Official Executive Order for Suspending Entry of Immigrants

[Mavan 38]

51 minutes ago, Reyess said:

I believe the significant difference in the case of K-1 visas is that they enter the country as non-immigrants, then file for AOS and then cannot work for several months. Which is why in my opinion they most likely won’t be affected. In the DS-160, fiancés are also deemed as “immediate relatives”. However these are only my opinions obviously. 

Reyees, 

I agree with you. Since Fiances  are immediate family members per DS-160, K1 visas should NOT be impacted. 

[payxibka 10,047]

Just now, Mavan said:

Reyees, 

I agree with you. Since Fiances  are immediate family members per DS-160, K1 visas should NOT be impacted. 

K1s are first and foremost nonimmigrant which are out of scope per Sec 1.

[JBF 116]

Just now, payxibka said:

K1s are first and foremost nonimmigrant which are out of scope per Sec 1.

Exactly. All those VJ members saying that it can be considered as an immigrant visa are right, but by definition it is non-immigrant and it’s not affected. 

[givionte 138]

4 minutes ago, payxibka said:

Why?  Even in the lawyer's recap it is stated nonimmigrant visas of ANY kind are not effected.  A k1 is clearly a nonimmigrant Visa 

Look at his further comments in the thread, and he says he isn't sure of the status of K-1 visa's.  He guesses they'll be ok, but needs clarification from the DHS.  But guessing will get us nowhere.

[Just Paul 4,595]

3 minutes ago, Mavan said:

Reyees, 

I agree with you. Since Fiances  are immediate family members per DS-160, K1 visas should NOT be impacted. 

Right answer but wrong logic.  While you disclose immediate family members, including a fiancee, on the DS-160, the form is Called Non Immigrant Visa Application https://photos.state.gov/libraries/jamaica/231771/PDFs/DS-160 Instructions.pdf

 

It is adjudicated by the immigrant visa section at a consulate but issued (printed and affixed) by the non immigrant section.   Since it is not an immigrant visa the holder has to AOS if they wish to remain in the US.

[Shiran 1,134]

11 minutes ago, payxibka said:

A k1 is clearly a nonimmigrant Visa 

You keep saying that, but it is not in fact "clear" at all as it listed as Immigrant visa on DOS website and Embassies website. 

[payxibka 10,047]

2 minutes ago, Shiran said:

You keep saying that, but it is not in fact "clear" at all as it listed as Immigrant visa on DOS website and Embassies website. 

Only because that's where the interview is.  Tell me please,  which unit actually issues the visa?  If it was an immigrant visa, would it not be issued by the IV unit?

 

 

Edited April 23, 2020 by payxibka

[Tommyz44 67]

2 minutes ago, Shiran said:

You keep saying that, but it is not in fact "clear" at all as it listed as Immigrant visa on DOS website and Embassies website. 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens 

 

Going by USCIS it is non immigrant.

[JBF 116]

3 minutes ago, Tommyz44 said:

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens 

 

Going by USCIS it is non immigrant.

And it’s non-immigrant indeed. The DS-160 and the I-134 are only used for non-immigrant visas. The fact that k1 visa holders have to file for Adjustment of Status, already says a lot in my opinion. 

Edited April 23, 2020 by Reyess

[millefleur 5,047]

2 minutes ago, Tommyz44 said:

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens 

 

Going by USCIS it is non immigrant.

K-1 is a non-immigrant dual intent visa. That means the visa itself is non-immigrant but the visa holder has the right to enter the country with the intention to adjust status (unlike a tourist visa, which does not allow that intent).

[flicks1998 1,044]

Even if your K1 such as myself and may not be part of the ban, if the embassy is not open in your particular country for interviews it doesn’t really matter then. You still can’t proceed. Our interview which is philippines and we were only one week away from it until the local government (and national Govt) went into complete lockdown forcing the US embassy to stop interviews and this may be extended. 

[Shiran 1,134]

1 minute ago, payxibka said:

would it not be issued by the IV unit

I am well aware that under the hood K-1 and K-3s are non-immigrant visas. What is less clear to me if how EO will be interpreted. Because I do not see clarity of it being non-immigrant. Logically it should be exempt for multiple reason, being non-immgrant is one, being very similar to spousal visa is another but in practice, I can easily see it being swept with other immigrant visas as there was no specific exception for it. 

[Nicolaszz 10]

Should I leave before my immigrant visa expires? I don't want to prioritise a trip over my lungs If I can get my visa reissued right after it expires, but will the ban prevent me from getting my visa re-issued in case I don't go to the US before it expires?

[J&S12 295]

Read section 6. Apparently they're gonna come up with something for K-1's.

 

Sec. 6.  Additional Measures.  Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.

[JBF 116]

Just now, J&S12 said:

Read section 6. Apparently they're gonna come up with something for K-1's.

 

Sec. 6.  Additional Measures.  Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.

I believe it may only impact temporary visa workers. I don’t really see why they should ban K1 visas when applicants cannot work for several months. Let’s try to stay positive.