Visiting the US while waiting on K1 Interview

[lrg_1 4]

Hi everyone,

 

I wanted to ask if someone can give me some advice about this. My fiance and I got our NOA2 in September 2020. In December we got our case moved from NVC to the Embassy in Spain, but unfortunately, they're not processing k1 until the proclamations are lifted. We haven't been able to see each other in over a year now... (since January 2020) because all his flights to Spain has been canceled twice in 2020, and now his boss told him he shouldn't leave the country if there is any risk of him getting stuck in Spain. We're trying to find a way to be able to visit each other and see what are our options. I heard I could visit the US (I have a valid B2) but just not sure how risky this would be and if I get declined by immigration there (because of awaiting on a K1), if that could damage my future interview... Just wanted to ask if someone has visited the US while awaiting on the K1 or while COVID circumstances and if this would be too risky at this point... 

 

Also I work from home, so I guess if I visit with a B2 I will have to take that time off, right? 

 

Thank you very much in advance, any advise would be great since we don't really know what would be best or what to do. Thanks!! 

[SalishSea 17,829]

3 minutes ago, lrg_1 said:

Hi everyone,

 

I wanted to ask if someone can give me some advice about this. My fiance and I got our NOA2 in September 2020. In December we got our case moved from NVC to the Embassy in Spain, but unfortunately, they're not processing k1 until the proclamations are lifted. We haven't been able to see each other in over a year now... (since January 2020) because all his flights to Spain has been canceled twice in 2020, and now his boss told him he shouldn't leave the country if there is any risk of him getting stuck in Spain. We're trying to find a way to be able to visit each other and see what are our options. I heard I could visit the US (I have a valid B2) but just not sure how risky this would be and if I get declined by immigration there (because of awaiting on a K1), if that could damage my future interview... Just wanted to ask if someone has visited the US while awaiting on the K1 or while COVID circumstances and if this would be too risky at this point... 

 

Also I work from home, so I guess if I visit with a B2 I will have to take that time off, right? 

 

Thank you very much in advance, any advise would be great since we don't really know what would be best or what to do. Thanks!! 

Isn't Spain in the Schengen area?  If so, you'd have to quarantine for 14 days in a non-banned country before coming.

 

Correct, you cannot work (even remotely) in the United States, without a work permit.

 

The biggest hurdle would be to demonstrate to the CBP that you will return to Spain and not "suddenly" decide to try and adjust to avoid the wait, which is what seems to happen a lot lately.  Because you have immigrant intent, it is not legal to do that.

[lrg_1 4]

Just now, Jorgedig said:

Isn't Spain in the Schengen area?  If so, you'd have to quarantine for 14 days in a non-banned country before coming.

 

Correct, you cannot work (even remotely) in the United States, without a work permit.

 

The biggest hurdle would be to demonstrate to the CBP that you will return to Spain and not "suddenly" decide to try and adjust to avoid the wait, which is what seems to happen a lot lately.  Because you have immigrant intent, it is not legal to do that.

Yes! I was planning on doing quarantine in Mexico or somewhere out of Schengen area... About work I could take the time off since I'm self employed here. The only thing I was worried is about demonstrating to the CBP that I will return, which I will. And also if they don't let you in, if that's a problem later in the future interview or something... 

 

Thank you for your answer!

[SalishSea 17,829]

Just now, lrg_1 said:

Yes! I was planning on doing quarantine in Mexico or somewhere out of Schengen area... About work I could take the time off since I'm self employed here. The only thing I was worried is about demonstrating to the CBP that I will return, which I will. And also if they don't let you in, if that's a problem later in the future interview or something... 

 

Thank you for your answer!

If you were denied entry for that reason, it would not impact the K-1, as immigrant intent is implied with that visa.

 

A letter from your employer and any rental contracts would be helpful to bring along.  Good luck!

[SalishSea 17,829]

40 minutes ago, Jorgedig said:

If you were denied entry for that reason, it would not impact the K-1, as immigrant intent is implied with that visa.

 

A letter from your employer and any rental contracts would be helpful to bring along.  Good luck!

Oops, you're self employed.

 

Without an employer letter, you may want to look for other evidence of ties to Spain.  Working remotely and being self-employed would be considered a negative in this context.

[Theodora 2]

Hi!

 

I'm in a similar situation with my boyfriend (he's from the US, I'm from Spain). We are starting the K1 process now and haven't seen each other since February 2020. He can't leave the country either because of his job. 

 

Sorry, since I'm not answering your question, but can you enter the US as a tourist just by quarantining in Mexico? We are desperate to see each other again and can't figure out how. 

[Purcari1984 25]

2 hours ago, Theodora said:

Hi!

 

I'm in a similar situation with my boyfriend (he's from the US, I'm from Spain). We are starting the K1 process now and haven't seen each other since February 2020. He can't leave the country either because of his job. 

 

Sorry, since I'm not answering your question, but can you enter the US as a tourist just by quarantining in Mexico? We are desperate to see each other again and can't figure out how. 

Correct.  Here is a list of banned countries for foreign nationals trying to enter the U.S.

 

https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html

 

I would check this page for updates before any planned travel, but the bottom line is that you will not be able to enter the U.S. as a foreigner if you have been to any of these listed countries within the past 14 days.  Note that transiting through an airport in one of these countries would count as "having visited".  Obviously the situation may change, for better or worse.  Mexico would be a logical choice for a Spanish national as you can get direct flights to MEX, CUN from Madid, stay for 2 weeks and then fly directly to the U.S.  As of January 26th, you'd also have to secure a 72 hour negative COVID test if you wish to board any international flight departing for the U.S.......which would mean finding a testing center in Mexico a day or two before your U.S. flight.

 

You could also consider spending 14 days in Instanbul.  Turkish Airlines currently has reasonable airfares right now to several U.S. cities.....you could create a multi-city itinerary that includes a 14 day stay in Istanbul, direct flight to the U.S. and a return to Spain. 

 

 

Edited January 22, 2021 by Purcari1984

[Theodora 2]

4 hours ago, Purcari1984 said:

Correct.  Here is a list of banned countries for foreign nationals trying to enter the U.S.

 

https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html

 

I would check this page for updates before any planned travel, but the bottom line is that you will not be able to enter the U.S. as a foreigner if you have been to any of these listed countries within the past 14 days.  Note that transiting through an airport in one of these countries would count as "having visited".  Obviously the situation may change, for better or worse.  Mexico would be a logical choice for a Spanish national as you can get direct flights to MEX, CUN from Madid, stay for 2 weeks and then fly directly to the U.S.  As of January 26th, you'd also have to secure a 72 hour negative COVID test if you wish to board any international flight departing for the U.S.......which would mean finding a testing center in Mexico a day or two before your U.S. flight.

 

You could also consider spending 14 days in Instanbul.  Turkish Airlines currently has reasonable airfares right now to several U.S. cities.....you could create a multi-city itinerary that includes a 14 day stay in Istanbul, direct flight to the U.S. and a return to Spain. 

 

 

Thank you!!! Those are really good options! Spending two weeks in another country will get very expensive but if that's the only way then I guess we'll go for it. 

[Theodora 2]

19 hours ago, Purcari1984 said:

Correct.  Here is a list of banned countries for foreign nationals trying to enter the U.S.

 

https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html

 

I would check this page for updates before any planned travel, but the bottom line is that you will not be able to enter the U.S. as a foreigner if you have been to any of these listed countries within the past 14 days.  Note that transiting through an airport in one of these countries would count as "having visited".  Obviously the situation may change, for better or worse.  Mexico would be a logical choice for a Spanish national as you can get direct flights to MEX, CUN from Madid, stay for 2 weeks and then fly directly to the U.S.  As of January 26th, you'd also have to secure a 72 hour negative COVID test if you wish to board any international flight departing for the U.S.......which would mean finding a testing center in Mexico a day or two before your U.S. flight.

 

You could also consider spending 14 days in Instanbul.  Turkish Airlines currently has reasonable airfares right now to several U.S. cities.....you could create a multi-city itinerary that includes a 14 day stay in Istanbul, direct flight to the U.S. and a return to Spain. 

 

 

I have another question... I read that even from Mexico, travel is restricted to essential travelers. How would I enter the US as a tourist? 

[Purcari1984 25]

1 hour ago, Theodora said:

I have another question... I read that even from Mexico, travel is restricted to essential travelers. How would I enter the US as a tourist? 

 I'm not positive, but I believe that the COVID-related entry restrictions from Mexico (and Canada) are for land and sea borders only.  As long as you are planning on flying to the U.S. from Mexico (and haven't visited any of the banned countries I provided earlier), your entrance into the U.S. will be subject to the usual terms of your visa or residency.

 

Also, one of the reasons why I suggested Turkey is bc that's how I plan on brining my fiance to the U.S. next week.  Istanbul Airport has an incredibly efficient COVID testing site where you can get results within a few hours.  Spending two weeks in any foriegn country is going to be pricey, but it's actually a very "good" time to be in Turkey right now (due to their currency depreciation) assuming your normal currency is Euro or USD.  When I was visiting my fiance there a couple months ago we were routinely finding brand-name hotels like the Doubletree for around 40 euros a night.  You can find Airbnb's for even cheaper.  Food, taxis or other transit options are not at all expensive.  They were starting to enact nightly curfews by the time we left, so I'd check the situation in whatever country to plan on waiting in.  

[Purcari1984 25]

2 hours ago, Theodora said:

I have another question... I read that even from Mexico, travel is restricted to essential travelers. How would I enter the US as a tourist? 

 I found this document on the DHS website that may provide some clarity.  

 

https://www.dhs.gov/sites/default/files/publications/20_0519_as1_frn_us-mexico-border.pdf

 

It does mention exemptions for essential travelers but this applies to land crossings only.  I haven't found or heard of any COVID-related restrictions on foreigners traveling from Mexico by air but I'm certainly NOT an expert.  My understanding is that if you hold a foreign passport, and have not visited any of the banned countries I provided earlier, your entrance into the U.S. will be subject to the usual terms of your visa or residency. 

 

 

 

 

 

 

[Theodora 2]

On 23/1/2021 at 3:41 AM, Purcari1984 said:

 I found this document on the DHS website that may provide some clarity.  

 

https://www.dhs.gov/sites/default/files/publications/20_0519_as1_frn_us-mexico-border.pdf

 

It does mention exemptions for essential travelers but this applies to land crossings only.  I haven't found or heard of any COVID-related restrictions on foreigners traveling from Mexico by air but I'm certainly NOT an expert.  My understanding is that if you hold a foreign passport, and have not visited any of the banned countries I provided earlier, your entrance into the U.S. will be subject to the usual terms of your visa or residency. 

 

 

 

 

 

 

Thank you!! I think I'm going with Croatia since I will have to spend those two weeks alone, and it seems like the safest option. I hope things don't change much before April!!