K1 Visa for a Nigerian vis-a-vis immigrant visa ban

[LeoJazzy 2]

Hello VJ family,

         Please I need opinions. I am a Nigerian citizen living in Jamaica, I have never been to the US or had a US visa. My girlfriend of 2 years is an American citizen who lives in the USA. We are aware of the ban for Nigerians seeking immigrant visas, however I have read in some places about people being called for interviews and the possibilities of getting waivers. I even saw that some people recently got IR1 visas after the embassies opened back up. Now I want to know from first hand experiences or knowledge, keeping in mind my being Nigerian...

1. Can we could still apply for a K1 visa?

2. What if we get married in Jamaica and the apply for the CR1? 

3. What waivers are people getting that is enabling them get interviews and some, visas?

 

 My 4th question is kind of different?

4. I am not really ready to move to the US now and I am aware that if I get the K1, I can't leave the US for a certain period. I have a job I can't leave in Jamaica for at least the next year and a half, however I want to to be able to see my girl occasionally and whenever I want cos currently she is the only one that comes to Jamaica. Can I apply for a tourist visa for now and leave the K1 or Cr1 for later? Will the fact that I have a significant other in the US stand against me for a tourist visa?

 

 

Sorry it's long

Thanks

[HRQX 4,145]

1 hour ago, LeoJazzy said:

Can I apply for a tourist visa for now and leave the K1 or Cr1 for later?

Yes.

1 hour ago, LeoJazzy said:

Can we could still apply for a K1 visa?

Yes. PP9983 doesn't affect Nigerian K-1 applicants because K-1 is a nonimmigrant visa that allows dual intent: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html

Nigeria

No restrictions under PP 9645 or PP 9983

1 hour ago, LeoJazzy said:

What waivers are people getting that is enabling them get interviews and some, visas?

For CR-1: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html

How do the Proclamations address waivers?

 

An applicant who is subject to either P.P. 9645 or P.P. 9983 and otherwise eligible for a visa, but who does not qualify for an exception, will be refused but is automatically considered for a waiver by the consular officer during the visa interview.  Each applicant’s eligibility for a waiver is evaluated on a case-by-case basis; waivers may not be granted categorically.  A waiver may be available if:

1. the foreign national has previously been admitted to the United States for a continuous period of work, study, or other long-term activity, is outside the United States on the applicable effective date under Section 7 of P.P. 9645 or Section 4 of P.P. 9983, seeks to reenter the United States to resume that activity, and the denial of reentry would impair that activity;
2. the foreign national has previously established significant contacts with the United States but is outside the United States on the applicable effective date under Section 7 of P.P. 9645 or Section 4 of P.P. 9983 for work, study, or other lawful activity;
3. the foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry would impair those obligations;
4. the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship;
5. the foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;
6. the foreign national has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee), and the foreign national can document that he or she has provided faithful and valuable service to the United States Government;
7. the foreign national is traveling for purposes related to an international organization designated under the International Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting meetings or business with the United States Government, or traveling to conduct business on behalf of an international organization not designated under the IOIA;
8. the foreign national is a Canadian permanent resident who applies for a visa at a location within Canada;
9. the foreign national is traveling as a United States Government-sponsored exchange visitor; or
10. the foreign national is traveling to the United States, at the request of a United States Government department or agency, for legitimate law enforcement, foreign policy, or national security purposes.

[LeoJazzy 2]

Thank y

9 hours ago, HRQX said:

Yes.

Yes. PP9983 doesn't affect Nigerian K-1 applicants because K-1 is a nonimmigrant visa that allows dual intent: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html

Nigeria

No restrictions under PP 9645 or PP 9983

For CR-1: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html

How do the Proclamations address waivers?

 

An applicant who is subject to either P.P. 9645 or P.P. 9983 and otherwise eligible for a visa, but who does not qualify for an exception, will be refused but is automatically considered for a waiver by the consular officer during the visa interview.  Each applicant’s eligibility for a waiver is evaluated on a case-by-case basis; waivers may not be granted categorically.  A waiver may be available if:

1. the foreign national has previously been admitted to the United States for a continuous period of work, study, or other long-term activity, is outside the United States on the applicable effective date under Section 7 of P.P. 9645 or Section 4 of P.P. 9983, seeks to reenter the United States to resume that activity, and the denial of reentry would impair that activity;
2. the foreign national has previously established significant contacts with the United States but is outside the United States on the applicable effective date under Section 7 of P.P. 9645 or Section 4 of P.P. 9983 for work, study, or other lawful activity;
3. the foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry would impair those obligations;
4. the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship;
5. the foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;
6. the foreign national has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee), and the foreign national can document that he or she has provided faithful and valuable service to the United States Government;
7. the foreign national is traveling for purposes related to an international organization designated under the International Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting meetings or business with the United States Government, or traveling to conduct business on behalf of an international organization not designated under the IOIA;
8. the foreign national is a Canadian permanent resident who applies for a visa at a location within Canada;
9. the foreign national is traveling as a United States Government-sponsored exchange visitor; or
10. the foreign national is traveling to the United States, at the request of a United States Government department or agency, for legitimate law enforcement, foreign policy, or national security purposes.

Thank you so very much for your response. I appreciate. How about the B1/B2 though, is it a good idea now?