Phased Resumption of Routine Visa Services UPDATED

[Mtu Mzuri 92]

On 11/15/2020 at 10:27 PM, payxibka said:

Incorrect, K1s have been entering during the entire pandemic.   

I agree. I did not see anything that said Fiances can not enter the US. And Fiances have been entering all along, as long as they don't pass through a Schengen country. I did inquire in Nairobi today, and interestingly, they stated that they were aware of the recent court case, and were awaiting guidance from DOS on how to handle K-1s. Very frustrating.

[lasseventies 0]

Hello! Our lawyer said that all the embassies and consulates are closed and they do not process K1 visa applications, I was wondering if anybody got their case forwarded from NVC to Madrid embassy or even got an interview.... our case it supposed to be approved by USCIS next March (2021) but I feel like is gonna get stuck at the NVC.... any news on K1 applicants in Madrid?

 

 

Edited December 7, 2020 by lasseventies

[Carlos&Gen 37]

2 minutes ago, lasseventies said:

Hello! Our lawyer said that all the embassies and consulates are closed and they do not process K1 visa applications, I was wondering if anybody got their case forwarded from NVC to Madrid embassy or even got an interview.... our case it supposed to be approved by USCIS next March (2021) but I feel like is gonna get stuck at the NVC.... any news on K1 applicants in Madrid?

 

 

Hi! I'm also in Madrid. Our case has been at the NVC since last summer. Madrid embasssy is open and at an uncertain phase of its resumption. K1 are not being processed at the moment (for almost 9 months now). I recommend lots of patience. Maybe when you get your NOA2 and your case is moved to NVC things have started to move along a bit

[HRQX 4,145]

2 hours ago, lasseventies said:

to Madrid embassy

It's because of Schengen Area proclamation. Here's an update on an ongoing lawsuit:

 

Even those that get visas cannot travel directly to the US if they are not exempt to the Schengen Area, etc. proclamations: https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html "Even if issued visas, K-1 plaintiff applicants remain subject to the regional P.P.s and, unless able to meet the criteria for an exception, are barred from entering the United States if they have been present in a country covered by a regional P.P. in the 14 days prior to entry."

[lasseventies 0]

7 hours ago, Carlos&Gen said:

Hi! I'm also in Madrid. Our case has been at the NVC since last summer. Madrid embasssy is open and at an uncertain phase of its resumption. K1 are not being processed at the moment (for almost 9 months now). I recommend lots of patience. Maybe when you get your NOA2 and your case is moved to NVC things have started to move along a bit

Hope you are right and US embassy in Madrid starts processing K1 visas again! I am currently in the US visiting my fiancé, I had to go to Mexico 14 days first before arriving to the US (at least I had some time to spend at the beach in Playa del Carmen xD). 

[lasseventies 0]

4 hours ago, HRQX said:

It's because of Schengen Area proclamation. Here's an update on an ongoing lawsuit:

 

Even those that get visas cannot travel directly to the US if they are not exempt to the Schengen Area, etc. proclamations: https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html "Even if issued visas, K-1 plaintiff applicants remain subject to the regional P.P.s and, unless able to meet the criteria for an exception, are barred from entering the United States if they have been present in a country covered by a regional P.P. in the 14 days prior to entry."

Thanks for the info! I was not aware of this, is anybody else using an inmigration lawyer service through the K1 visas process? What other options do they offer you? Our layers talked about the possibility of adjustment of status if alien is already pressent in the US after 90 days.... (not really sure if is a good idea) 

 

Would you agree that when the travel ban between the US and the European Union is lifted, will K1 visas resume? 

[HRQX 4,145]

36 minutes ago, lasseventies said:

Our layers talked about the possibility of adjustment of status if alien is already pressent in the US after 90 days.... (not really sure if is a good idea)

Can even file now, since the "90 day rule" is essentially a myth: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers."

38 minutes ago, lasseventies said:

Would you agree that when the travel ban between the US and the European Union is lifted, will K1 visas resume? 

Yes, but with an initial backlog.

[CrisBR 30]

On 11/12/2020 at 2:00 PM, Carlos&Gen said:

Hello friends.

 

Does anyone know what this update could mean for K1s? Apparently, K1 are now consider inmediate relatives of US nationals. 

 

Thoughts on this?

 

https://travel.state.gov/content/travel/en/News/visas-news/phased-resumption-routine-visa-services.html

Hello!

Some Embassies/Consulates are slowly getting back on track.

Check if this is true for the one you’ll be applying for your K1 Visa. 

If that’s the case, keep an eye on any updates they may have and be prepared for following their instructions closely.

Hace a great journey! 

 

[stuckonyou 75]

2 hours ago, lasseventies said:

Thanks for the info! I was not aware of this, is anybody else using an inmigration lawyer service through the K1 visas process? What other options do they offer you? Our layers talked about the possibility of adjustment of status if alien is already pressent in the US after 90 days.... (not really sure if is a good idea) 

I'm not too into the rules when it comes to this, but I've heard in facebook groups back when I was active there (this was a while back, though) that doing that is extremely risky. I might be wrong and things might be different now with the pandemic and things being so crazy, but I think I read something about that this might work if you travel as a tourist and then just happen to meet someone and fall in love and get married. And the burden of proof would be on you that there was no intent of marriage as you entered the US. But isn't applying for K1 and going to visit your boyfriend/fiancé making this look really bad if you do it?

 

Just make sure you don't ruin anything for yourselves because of it. ❤️

 

 

1 hour ago, HRQX said:

Yes, but with an initial backlog.

I used to think that it would get going right away when the ban lifts, and hopefully it will, but what about all of the embassies in non travel ban countries that aren't issuing K1's? And if they do it's pretty much only expedited cases... I know some embassies, like Canada, have started to work on K1's, but from what I heard this has happened in very few countries. Despite K1 being a priority. 😶

 

Any thoughts on why it's like this? 😟

[HRQX 4,145]

27 minutes ago, stuckonyou said:

that doing that is extremely risky.

Nope. When Immediate Relatives (IR) Adjust Status, then preconceived intent can't be the sole reason for denial of AOS. See Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

[SalishSea 17,836]

3 hours ago, lasseventies said:

Our layers talked about the possibility of adjustment of status if alien is already pressent in the US after 90 days.... (not really sure if is a good idea) 

 

Are you already in the US?  If not, not an option.

[HRQX 4,145]

22 minutes ago, Jorgedig said:

Are you already in the US?  If not, not an option.

He is currently visiting the US:

 

[imsan 41]

6 hours ago, stuckonyou said:

 

I used to think that it would get going right away when the ban lifts, and hopefully, it will, but what about all of the embassies in non-travel ban countries that aren't issuing K1's? And if they do it's pretty much only expedited cases... I know some embassies, like Canada, have started to work on K1's, but from what I heard this has happened in very few countries. Despite K1 being a priority. 😶

 

Any thoughts on why it's like this? 😟

Yes, some countries like India are acting in an extremely biased way regarding K1. They opened everything except Greencard relatives (banned by Trump) and K1. They did not even start plaintiffs' interviews whereas other non-banned embassies in Phillipines, Mexico, Pakistan, DR scheduled plaintiffs' interviews. It is really frustrating!! Embassies are not afraid of lawsuits and even the judge thinks it is not an unreasonable delay when people are denied interviews for 9 months. Even now denying interviews only for K1s, it certainly is not COVID. I have no idea what it is?

Edited December 8, 2020 by imsan

[NatMar 18]

Hey guys,

 

This is very exciting!! We just received an email from the NVC that our case is in transit to the embassy in Madrid. This is the first movement we've seen since getting our NOA2 back in June. 

 

Has anyone else seen movement on their cases from Madrid? Any actual k1 issued?

 

I'm still in awe but very happy!!! (Btw we are not plaintiffs of the lawsuit.)

[Tracer6158 27]

So this is the 2nd time today I've read of someone on VJ reporting exciting news...the other news today was a non-plantiff getting a non-expedited interview for K1...one can only hope that the DOS sent out a little email saying let's get these stacks of applications moving.