What can we do to speed things along (especially living in a country that's under a travel ban)?

[stuckonyou 75]

55 minutes ago, Cheburashka34 said:

Honestly, I think it's political. Probably after the election they will recalculate things and hopefully it will be lifted. Like I just saw today on the news, something about the CDC told states to prepare to distribute vaccines by November 1st, just in case trump isn't reelected he wants the vaccine in his term as his accomplishment. Everything is eventually turned into a scheme with politics, especially the opening and closing of things

Yeah, that makes sense, I guess. It just sucks, though. ☹️

 

But if a vaccine is approved and ready by November 1st (and safe!), travel bans will HAVE TO be lifted after that, right? They could perhaps say that to enter the country you must have taken the vaccine or something like that... or they could just be like now that Americans have the option to take the vaccine people coming in from other countries can't infect them... 👀 I know that Sweden for example say that we will most likely have a vaccine and start giving it to people during the first couple of months of next year, and I wouldn't want to be stuck here longer just because we're not as fast as the US. 😅 Or maybe, assuming I need to redo my medical, they might be able to give a vaccine there or something. If it's safe... 👀

[geowrian 22,337]

A vaccine being available in November would not be available to the general public/masses until at least 2021. There are around 330 million people in the US, of which a majority of them would need it before they make it available to intending immigrants..

[LegalAlienn 125]

1 hour ago, geowrian said:

A vaccine being available in November would not be available to the general public/masses until at least 2021. There are around 330 million people in the US, of which a majority of them would need it before they make it available to intending immigrants..

I’m signing to be the last person to get it 🙈

[millefleur 5,043]

**Two hijack posts and 1 reply removed; please start your own thread if you have your own question**

 

VJ Moderation

[SalishSea 17,507]

5 hours ago, stuckonyou said:

But if a vaccine is approved and ready by November 1st (and safe!),

There is no way that will happen, no matter what the current administration claims.  Even FDA fast-tracking doesn't work that way.

[HRQX 4,145]

On 9/3/2020 at 12:50 PM, geowrian said:

One recent case was a national interest waiver (NIW) for the SO of an active military member

Incorrect. K-1 wasn't issued in that case. Frankfurt staff gave false hope:

They also removed "(3) to join an active military member petitioner in the U.S." from following page: https://de.usembassy.gov/covid19-faqs-for-visas/

On 9/3/2020 at 12:08 PM, stuckonyou said:

I've heard about the lawsuit becoming a group lawsuit that will, if all goes well, help all K1's out there.

Are you referring to Gomez, et al., v. Trump case? If so, that case doesn't challenge the Schengen Area proclamation nor does it seek for Schengen Area proclamation to be enjoined. It's challenging the April 22 and June 22 proclamations: https://www.aila.org/infonet/gomez-et-al-v-trump-7-31-20 "AILA and partners filed a motion for a preliminary injunction and class certification, arguing that the April 22 and June 22, 2020, presidential proclamations were invalid, are causing irreparable and unjustifiable harm, and should be enjoined."

https://www.aila.org/File/DownloadEmbeddedFile/85718 "B. The Proclamations" on Page 9

On 9/3/2020 at 12:58 PM, JFH said:

K-1 visas are permitted to be issued now.

Not at consular posts in Schengen Area, UK, Ireland, mainland China, and Brazil unless the applicants meet limited exceptions: "The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish."

[stuckonyou 75]

7 hours ago, HRQX said:

Are you referring to Gomez, et al., v. Trump case? If so, that case doesn't challenge the Schengen Area proclamation nor does it seek for Schengen Area proclamation to be enjoined. It's challenging the April 22 and June 22 proclamations: https://www.aila.org/infonet/gomez-et-al-v-trump-7-31-20 "AILA and partners filed a motion for a preliminary injunction and class certification, arguing that the April 22 and June 22, 2020, presidential proclamations were invalid, are causing irreparable and unjustifiable harm, and should be enjoined."

https://www.aila.org/File/DownloadEmbeddedFile/85718 "B. The Proclamations" on Page 9

Not at consular posts in Schengen Area, UK, Ireland, mainland China, and Brazil unless the applicants meet limited exceptions: "The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish."

I don't know what it's called, but it can't be that one since K1's aren't included in the ban from April/June. This is something else about K1's in particular suing the government. Another K1 girl (from Norway) that I've been talking to on Messenger told me she and her fiancé joined the lawsuit at the end of this week. Deadline to join was yesterday. We didn't join, though, because I wasn't feeling too sure about it and my fiancé didn't think suing the American government was a very good idea. I'd rather hire a lawyer to try to get an expedite or exemption, but on the other hand I don't really see that we would have a valid reason for that so perhaps not... 😶 But either way I've heard, and I hope it's true, that this lawsuit became a group lawsuit so that if all goes well it should benefit all K1's out there that are stuck because the embassies aren't allowed to work on their cases.

[supportdesk 42]

2 hours ago, stuckonyou said:

I don't know what it's called, but it can't be that one since K1's aren't included in the ban from April/June. This is something else about K1's in particular suing the government. Another K1 girl (from Norway) that I've been talking to on Messenger told me she and her fiancé joined the lawsuit at the end of this week. Deadline to join was yesterday. We didn't join, though, because I wasn't feeling too sure about it and my fiancé didn't think suing the American government was a very good idea. I'd rather hire a lawyer to try to get an expedite or exemption, but on the other hand I don't really see that we would have a valid reason for that so perhaps not... 😶 But either way I've heard, and I hope it's true, that this lawsuit became a group lawsuit so that if all goes well it should benefit all K1's out there that are stuck because the embassies aren't allowed to work on their cases.

I'm part of the suit, it's a mass action suit. A best case outcome is K-1 visas are not subject to the entry ban from banned countries and are processed as normal(naturally, this depends on what the judge says). Or maybe only the plaintiffs will get their visas adjudicated. I'm hoping for the former. And yes, the deadline has come and gone to join the suit.

 

Mine's in a banned country. I'll make sure to chronicle any useful developments for my case in this forum.

[stuckonyou 75]

3 hours ago, supportdesk said:

I'm part of the suit, it's a mass action suit. A best case outcome is K-1 visas are not subject to the entry ban from banned countries and are processed as normal(naturally, this depends on what the judge says). Or maybe only the plaintiffs will get their visas adjudicated. I'm hoping for the former. And yes, the deadline has come and gone to join the suit.

 

Mine's in a banned country. I'll make sure to chronicle any useful developments for my case in this forum.

Do you have any "inside information" about what the lawyers or people working with this think? Like, how fast could we start seeing results and do they think there's a good chance of the judge siding with the K1's?

 

Do you have a thread I can follow to see any new information you write on this?

[supportdesk 42]

4 minutes ago, stuckonyou said:

Do you have any "inside information" about what the lawyers or people working with this think? Like, how fast could we start seeing results and do they think there's a good chance of the judge siding with the K1's?

 

Do you have a thread I can follow to see any new information you write on this?

They think there's a decent chance of at least plaintiffs getting mooted out(adjudication). It could be a few months before results(or more or less). Anything of course is pure speculation. There probably won't be any meaningful things happening until a judge sees the suit and starts doing stuff. No thread exists on this suit currently, but I suspect one will appear once the suit has been officially filed in the coming days.

[BC97 13]

On 9/4/2020 at 2:44 PM, A&D25612 said:

So I finally got a reply from the London Embassy just now. Unfortunately they still aren't processing k1s or reissuing at this time. I attached their response. Super gutted. 

Just looks like it was copy and pasted from their website, the wording is the exact same. I wouldn’t get too discouraged, as other embassies are reopening for K1’s - albeit they’re not under the travel ban.

[HRQX 4,145]

15 hours ago, supportdesk said:

I'm part of the suit, it's a mass action suit. A best case outcome is K-1 visas are not subject to the entry ban from banned countries and are processed as normal(naturally, this depends on what the judge says). Or maybe only the plaintiffs will get their visas adjudicated. I'm hoping for the former. And yes, the deadline has come and gone to join the suit.

 

Mine's in a banned country. I'll make sure to chronicle any useful developments for my case in this forum.

Does the lawsuit have a case name yet? Which US District Court will it be filed at?

[supportdesk 42]

4 hours ago, HRQX said:

Does the lawsuit have a case name yet? Which US District Court will it be filed at?

No name yet. It'll be filed in Washington D.C.(4)

[A&D25612 32]

Foreign Commonwealth and Development Office finally emailed me back but sadly not much help. They can't do anything about US laws which is understandable but I was hoping for some sort of help. They suggested things I've already done but for anyone interested here's their response:

[stuckonyou 75]

2 hours ago, A&D25612 said:

Foreign Commonwealth and Development Office finally emailed me back but sadly not much help. They can't do anything about US laws which is understandable but I was hoping for some sort of help. They suggested things I've already done but for anyone interested here's their response:

 

"We have highlighted these difficulties with the US Government."

Hopefully someone there will listen at some point... 👀 .and then the US could make exceptions for all K1's that are currently under a travelban. All we need is for someone high enough up the good chain to show some compassion. 😇