Phased Resumption of Routine Visa Services UPDATED

[Mihaela Plesa 8]

I think the issue is that even though they were given the green light to start processing K-1 visas, the presidential proclamation still does not allow fiancés of US citizens to enter the US.  See below the email I received from the Consulate in Brussels. 

 

"Unfortunately, in spite of the recent notice regarding K visas high priority, travelers in Belgium remain subject to the Presidential Proclamation on the Novel Coronavirus which prohibits entry into the United States anyone who has been present in the Schengen Zone within the previous 14 days.  So long as this proclamation remains in effect, we are unable to return to routine visa processing. "

 

So frustrating!

[HRQX 4,145]

28 minutes ago, Mihaela Plesa said:

the presidential proclamation still does not allow fiancés of US citizens to enter the US.

Correct. The DOS update can't override the presidential proclamations.

[payxibka 10,047]

1 hour ago, HRQX said:

Correct. The DOS update can't override the presidential proclamations.

Incorrect, K1s have been entering during the entire pandemic.   

[HRQX 4,145]

1 hour ago, payxibka said:

Incorrect, K1s have been entering during the entire pandemic.   

Mihaela referenced Brussels. How many K-1 have been issued at that post? Thus, you are incorrect. Those subject to relevant proclamations still cannot get K-1.

Edited November 16, 2020 by HRQX

[payxibka 10,047]

11 minutes ago, HRQX said:

Mihaela referenced Brussels. How many K-1 have been issued at that post? Thus, you are incorrect. Those subject to relevant proclamations still cannot get K-1.

I think you need to review the post history.  Proclamation is preventing the issuance of k1s, NOT the entry.  The poster said k1s cannot enter the US, to which you agreed, which is incorrect. 

[HRQX 4,145]

9 minutes ago, payxibka said:

Proclamation is preventing the issuance of k1s, NOT the entry.  The poster said k1s cannot enter the US, to which you agreed, which is incorrect. 

LOL. Read the proclamation(s). It explicitly says "entry" for those present in the specific countries in the 14 days preceding entry: https://www.federalregister.gov/documents/2020/03/16/2020-05578/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of (Also, the DV 2020 court case follow-up order made it clear that these proclamations cannot prevent issuance, but can prevent entry. https://drive.google.com/file/d/10V0BtUKxGcVMwkK8hs2ETJg5q8DYJY27/view?usp=sharing)

The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

Edited November 16, 2020 by HRQX

[payxibka 10,047]

4 minutes ago, HRQX said:

Lol! Read the proclamation(s). It explicitly says "entry" for those present in the specific countries in the 14 days preceding entry: https://www.federalregister.gov/documents/2020/03/16/2020-05578/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of (Also, the DV 2020 court case follow-up order made it clear that these proclamations cannot prevent issuance, but can prevent entry. https://drive.google.com/file/d/10V0BtUKxGcVMwkK8hs2ETJg5q8DYJY27/view?usp=sharing)

The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

I don't have to.  I understand the proclamation.  

What part of the below do you not understand?

 

"the presidential proclamation still does not allow fiancés of US citizens to enter the US."

 

 

[HRQX 4,145]

2 minutes ago, payxibka said:

"the presidential proclamation still does not allow fiancés of US citizens to enter the US."

Depends on the itinerary. I.e. no direct travel, etc.

[payxibka 10,047]

3 minutes ago, HRQX said:

Depends on the itinerary. I.e. no direct travel, etc.

So it is all about the itinerary, so the statement is inherently false because it's not the visa type or because they  fiancés of US citizens that is preventing entry into the US.

[HRQX 4,145]

2 minutes ago, payxibka said:

So it is all about the itinerary,

Yes. Take Mihaela's full post for context despite that specific poorly worded sentence. For example: "travelers in Belgium remain subject to the Presidential Proclamation on the Novel Coronavirus..."

[Gatekeeper 35]

I saw this update on the same website and if you read further down the page it also says that the travel bans EO are still applicable. So my interpretation is that there’s no change for k-1 applicants based in banned countries unfortunately. 

[HRQX 4,145]

On 11/15/2020 at 5:54 PM, Mihaela Plesa said:

See below the email I received from the Consulate in Brussels.

Today, a federal judge ordered DOS to not use the proclamation as an excuse for not issuing K-1 visas: https://www.courtlistener.com/docket/18450386/milligan-v-pompeo/ So your fiance should now be able to get the K-1 visa. But if the immigrant doesn't meet one of the exemptions (e.g. biological parent of US citizen child, NIE, etc.) then the immigrant can't travel directly to the US. The immigrant would need to go to unrestricted country (e.g. Serbia, Croatia, Turkey, Mexico, Canada, South Korea, etc.) for 14 days before attempting US entry. Here is an example of someone from Spain spending 14 days in Mexico before going to the US with K-1 visa:

 

[Mihaela Plesa 8]

On 11/15/2020 at 11:27 PM, HRQX said:

Mihaela referenced Brussels. How many K-1 have been issued at that post? Thus, you are incorrect. Those subject to relevant proclamations still cannot get K-1.

16 hours ago, HRQX said:

Today, a federal judge ordered DOS to not use the proclamation as an excuse for not issuing K-1 visas: https://www.courtlistener.com/docket/18450386/milligan-v-pompeo/ So your fiance should now be able to get the K-1 visa. But if the immigrant doesn't meet one of the exemptions (e.g. biological parent of US citizen child, NIE, etc.) then the immigrant can't travel directly to the US. The immigrant would need to go to unrestricted country (e.g. Serbia, Croatia, Turkey, Mexico, Canada, South Korea, etc.) for 14 days before attempting US entry. Here is an example of someone from Spain spending 14 days in Mexico before going to the US with K-1 visa:

 

I tried to contact the embassy in Brussels asking them if they would process the K1 visa, and told them that my fiancée is willing to first travel to an area where no travel ban is in place for a few weeks prior to entering the US.  I have not heard back.  I keep pestering the embassy with questions but no matter what options I try, the answer seems to always be no, we’re not processing K1 visas due to the presidential proclamation banning travel from the Schengen area.  

[Gatekeeper 35]

On 11/20/2020 at 3:11 PM, Mihaela Plesa said:

 

Following

[Mihaela Plesa 8]

On 11/20/2020 at 3:11 PM, Mihaela Plesa said:

 

I just heard back from the US Embassy in Brussels, regarding my fiance's K1 visa. See below.  I guess they're still trying to figure out the logistics.

 

"Thank you for your inquiry regarding your K-1 visa case.  We are aware of the U.S. District Court’s recent order in Milligan v. Pompeo, and we are awaiting guidance from the Department of State on the implementation of that order.  Any changes to K-1 visa processing as a result of the Court’s order will be posted on travel.state.gov. 

Best regards,

Visa Section"