Help / Embassies providing erroneous information

[1985dobie 16]

My fiancee, who is from Belarus, obtained her K-1 Visa in January.  We have been waiting for International travel to resume so she can travel.  Her visa expires on 6/25, and we have her booked on a flight from Minsk, Belarus to Istanbul, Turkey to Doha, Qatar to Dallas, Texas on Monday 6/22.  Belarus, Turkey, and Qatar are not Schengen Countries, and they are not on the list of countries from which travel to the USA is prohibited.  So, all should be good.  But, when we contacted the Polish Embassy in Warsaw, where she had her visa issued, they said due to the Presidential Proclamation, she would not be allowed to enter the US.  I have read this proclamation, but apparently they have not.  The proclamation speaks only to those who have been in a Schengen Country within the past 14 days.  Are the staff at these embassies just interpreting the the language of these proclamations as they see fit?  Our main concern is that my fiancee will be denied boarding on her Qatar Airlines flight from Doha to Dallas, because foreign airline and customs officials are obviously receiving different interpretations from different embassies.  Should we proceed and take the risk?  If her visa was not set to expire on 6/26, and if it looked like the embassies would begin to handle K-1 visas anytime soon, we would wait and acquire a new visa.

[JeanneAdil 6,511]

but Poland is one of the Schengen countries so the response was as they would give to a Polish citizen 

there have been other posts on here for K1 visa holders coming in 

[geowrian 22,337]

The consulates and embassies do not determine who can board a plane or enter the US. Unless they revoke the visa (I see no reason for them to do so here), they have no say in the matter.

Although most likely they are just referring to residents of Poland, which are impacted.

 

If they will board her on a plane, and she does not transit through a banned country, she should be fine with CBP.

Contact the airline regarding boarding. They make that decision.

Edited June 15, 2020 by geowrian

[kostyaby 9]

@1985dobie your NOA2 took 50 days? Were you on priority processing? Any stories about visits to Belarus, and how the interview went?

 

Good luck getting her here.

[payxibka 10,045]

1 hour ago, 1985dobie said:

My fiancee, who is from Belarus, obtained her K-1 Visa in January.  We have been waiting for International travel to resume so she can travel.  Her visa expires on 6/25, and we have her booked on a flight from Minsk, Belarus to Istanbul, Turkey to Doha, Qatar to Dallas, Texas on Monday 6/22.  Belarus, Turkey, and Qatar are not Schengen Countries, and they are not on the list of countries from which travel to the USA is prohibited.  So, all should be good.  But, when we contacted the Polish Embassy in Warsaw, where she had her visa issued, they said due to the Presidential Proclamation, she would not be allowed to enter the US.  I have read this proclamation, but apparently they have not.  The proclamation speaks only to those who have been in a Schengen Country within the past 14 days.  Are the staff at these embassies just interpreting the the language of these proclamations as they see fit?  Our main concern is that my fiancee will be denied boarding on her Qatar Airlines flight from Doha to Dallas, because foreign airline and customs officials are obviously receiving different interpretations from different embassies.  Should we proceed and take the risk?  If her visa was not set to expire on 6/26, and if it looked like the embassies would begin to handle K-1 visas anytime soon, we would wait and acquire a new visa.

You are asking the question to the wrong place

[Greenbaum 12,259]

43 minutes ago, kostyaby said:

@1985dobie your NOA2 took 50 days? Were you on priority processing? Any stories about visits to Belarus, and how the interview went?

 

Good luck getting her here.

Select your flag in your profile and then look for consulate reviews. Might be a good read. 

[1985dobie 16]

Thanks to all for the input.  I understand that airport and airline officials determine who boards the planes, but I was concerned they would be making those decisions based on often conflicting and erroneous statements put forth by local embassies and consulates.  Just as the Warsaw Embassy had done.  But, I understand we are all on our own at this time, and so we are going forward with her flights, and keeping our fingers crossed.

 

Not certain how our NOA2 was completed so efficiently, as we did not have priority processing.  I never traveled to Belarus.  We met in America a number of times, as she had a tourist visa.  Her interview in Warsaw was easy and with no problems, but of course this happened back in January, before all the covid issues.  

[Greenbaum 12,259]

8 hours ago, 1985dobie said:

Thanks to all for the input.  I understand that airport and airline officials determine who boards the planes, but I was concerned they would be making those decisions based on often conflicting and erroneous statements put forth by local embassies and consulates.  Just as the Warsaw Embassy had done.  But, I understand we are all on our own at this time, and so we are going forward with her flights, and keeping our fingers crossed.

 

Not certain how our NOA2 was completed so efficiently, as we did not have priority processing.  I never traveled to Belarus.  We met in America a number of times, as she had a tourist visa.  Her interview in Warsaw was easy and with no problems, but of course this happened back in January, before all the covid issues.  

There is nothing in the requirements for meeting to be in the beneficiary's home country or her domicile country, just that you have met within the past 2 years from your filing date. So, meeting in USA constitutes meeting this requirement.

[Canerican 242]

On 6/15/2020 at 12:11 PM, JeanneAdil said:

but Poland is one of the Schengen countries so the response was as they would give to a Polish citizen 

there have been other posts on here for K1 visa holders coming in 

As It says above they were responding as if you were a Polish citizen.
 

As you are not a Polish citizen and are leaving from Belarus and not traveling through any Schengen countries you should be fine. 

Edited June 18, 2020 by CDN(ON)-USA(VT)

[1985dobie 16]

Thanks again for the responses.  I received an email from the Embassy in Warsaw today, and they apologized for their incorrect initial response to my query.  They wrote a thorough email explaining travel and entry to the United States on my fiancées  K-1 Visa was allowed, as long as she had not travelled to prohibited countries, and, that travel to America on a K-1 visa was not listed in Presidential Proclamations as being prohibited.  The Embassy advised me to have my fiancee print the email and provide the document should any problems arise at the airport.  Wanted to send this out, as I had disparaged the Embassy somewhat, so needed to pass along that the Embassy provided us with the exact assistance we requested.  Now, just hoping the flights go as scheduled.

[geowrian 22,337]

10 minutes ago, 1985dobie said:

Thanks again for the responses.  I received an email from the Embassy in Warsaw today, and they apologized for their incorrect initial response to my query.  They wrote a thorough email explaining travel and entry to the United States on my fiancées  K-1 Visa was allowed, as long as she had not travelled to prohibited countries, and, that travel to America on a K-1 visa was not listed in Presidential Proclamations as being prohibited.  The Embassy advised me to have my fiancee print the email and provide the document should any problems arise at the airport.  Wanted to send this out, as I had disparaged the Embassy somewhat, so needed to pass along that the Embassy provided us with the exact assistance we requested.  Now, just hoping the flights go as scheduled.

Thanks fore the update. The corrected response is what I expected...likely the initial one was sent off by somebody that didn't know any better and/or didn't read the specifics of your case (that you were outside an impacted region).

Glad they corrected the mistake.

[1985dobie 16]

Thanks again for all the responses.  I am very glad the Embassy supplied us with an email supporting my fiancées travel, because Qatar Airlines spent 2 hours reviewing all of her documentation before allowing her to proceed.  My fiancee arrived in Dallas yesterday and zipped through customs without any issues.  We feel extremely fortunate that she was able to arrive during the craziness of Covid.