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Justin & Sara

K1-Visa Entry in the US After the Executive Order on Immigration

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Filed: K-1 Visa Country: Brazil
Timeline

Hello All,

 

My Fiance is coming to the US from Brazil on May 10, 2020 on a K1-visa. I called the airlines and they said her flight to still going to fly out. I wanted to know if anyone know if the K1-visa is an exception from the executive order on immigration? Meaning that this executive order does not apply to the K1-visa. 

 

Based on this article, it is not really clear if the K1-visa is exempted. See link below.

 

https://www.cnn.com/2020/04/22/politics/trump-executive-order-immigration-coronavirus/index.html 

 

Also, could you provide some proof of your responses? That would be very helpful!

 

Thank you so much!

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10 minutes ago, Justin & Sara said:

Hello All,

 

My Fiance is coming to the US from Brazil on May 10, 2020 on a K1-visa. I called the airlines and they said her flight to still going to fly out. I wanted to know if anyone know if the K1-visa is an exception from the executive order on immigration? Meaning that this executive order does not apply to the K1-visa. 

 

Based on this article, it is not really clear if the K1-visa is exempted. See link below.

 

https://www.cnn.com/2020/04/22/politics/trump-executive-order-immigration-coronavirus/index.html 

 

Also, could you provide some proof of your responses? That would be very helpful!

 

Thank you so much!

A K1 is exempt.  It does not say "Immigrant Visa" on it and requires AOS in order to get a green card.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Please see the megathread:

 

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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1 hour ago, Justin & Sara said:

Hello All,

 

My Fiance is coming to the US from Brazil on May 10, 2020 on a K1-visa. I called the airlines and they said her flight to still going to fly out. I wanted to know if anyone know if the K1-visa is an exception from the executive order on immigration? Meaning that this executive order does not apply to the K1-visa. 

 

Based on this article, it is not really clear if the K1-visa is exempted. See link below.

 

https://www.cnn.com/2020/04/22/politics/trump-executive-order-immigration-coronavirus/index.html 

 

Also, could you provide some proof of your responses? That would be very helpful!

 

Thank you so much!

A K1 visa is exempt from the EO so don't worry

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Filed: K-1 Visa Country: Brazil
Timeline
1 hour ago, Paul & Mary said:

A K1 is exempt.  It does not say "Immigrant Visa" on it and requires AOS in order to get a green card.

Thank you @Paul & Mary!!!

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Filed: Lift. Cond. (apr) Country: China
Timeline

Here is a pinned thread with useful info on this.

 

https://www.visajourney.com/forums/topic/737815-official-executive-order-for-suspending-entry-of-immigrants/

Edited by Captain Ewok

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: AOS (pnd) Country: Brazil
Timeline

Justin and Sara,

 

My Brazilian fiance' and I are in the same position (and probably many others), so with her entry to the U.S. in just 10 days from now, would you mind please re-posting after Sara has entered and let us all know how her entry process went?  I assume she'll be entering in Atlanta.  My fiance' is scheduled to arrive in early June through Chicago.

 

And please keep your eyes open regarding President Trump's musings about banning flights from Brazil.  Don't get caught with no way to get Sara here -- make sure she's ready to move on a moment's notice.  If a ban is announced, there will probably be a few days before it goes into effect (similar to the EU ban), so if that happens, do everything possible to get her on a flight immediately.

 

Good luck,

--Mark

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Filed: K-1 Visa Country: Brazil
Timeline
18 hours ago, Mark11 said:

Justin and Sara,

 

My Brazilian fiance' and I are in the same position (and probably many others), so with her entry to the U.S. in just 10 days from now, would you mind please re-posting after Sara has entered and let us all know how her entry process went?  I assume she'll be entering in Atlanta.  My fiance' is scheduled to arrive in early June through Chicago.

 

And please keep your eyes open regarding President Trump's musings about banning flights from Brazil.  Don't get caught with no way to get Sara here -- make sure she's ready to move on a moment's notice.  If a ban is announced, there will probably be a few days before it goes into effect (similar to the EU ban), so if that happens, do everything possible to get her on a flight immediately.

 

Good luck,

--Mark

Hello Mark,

 

Yes I can post and let you know how her entry process went. She will be entering in Miami! Wow congrats! I hope she makes it here with no problems!

 

I will definitely do that Mark! We talked about this last night! I wish you and your fiance all the best!

 

Thanks,

 

Justin

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On 4/30/2020 at 9:02 AM, Mark11 said:

Justin and Sara,

 

My Brazilian fiance' and I are in the same position (and probably many others), so with her entry to the U.S. in just 10 days from now, would you mind please re-posting after Sara has entered and let us all know how her entry process went?  I assume she'll be entering in Atlanta.  My fiance' is scheduled to arrive in early June through Chicago.

 

And please keep your eyes open regarding President Trump's musings about banning flights from Brazil.  Don't get caught with no way to get Sara here -- make sure she's ready to move on a moment's notice.  If a ban is announced, there will probably be a few days before it goes into effect (similar to the EU ban), so if that happens, do everything possible to get her on a flight immediately.

 

Good luck,

--Mark

Hi Justin and Sara,

 

we're in the same situation as you are and have scheduled our flight to the US on first week of June. Can you please let us know what sara had to go through at the port of entry? it would mean a lot/. Thank you.

 

CDtalk

Edited by CDtalk
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Filed: K-1 Visa Country: Ukraine
Timeline
On 4/26/2020 at 11:18 PM, Paul & Mary said:

A K1 is exempt.  It does not say "Immigrant Visa" on it and requires AOS in order to get a green card.

I found this blog by one lawyer and it is clear explanation oaccording K1

Just now, Ankissa said:

I found this blog by one lawyer and it is clear explanation oaccording K1

http://integrity-legal.com/legal-blog/us-visa-immigration/executive-order-suspending-us-visas-appears-not-to-apply-to-k-1-k-3-cr-1-ir-1-visas/

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12 minutes ago, Ankissa said:

Good - othen then coming from a site that still pitches K3 visa as being faster then a spousal.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: K-1 Visa Country: Ukraine
Timeline
7 minutes ago, Paul & Mary said:

Good - othen then coming from a site that still pitches K3 visa as being faster then a spousal.

I have  alredy seen  different opinions about this order... Most lawyers say it doesnt affect K1 visa,some say it affects...

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Nothing that wasn't mentioned dozens of times int he megathread...

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
Timeline
1 minute ago, geowrian said:

Nothing that wasn't mentioned dozens of times int he megathread...

 

1 minute ago, geowrian said:

Nothing that wasn't mentioned dozens of times int he megathread...

What do you mean?

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1 minute ago, Ankissa said:

What do you mean?

Everything mentioned by that lawyer was stated in the megathread (linked above already) at least several times by many people.

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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