National Interest Exemption Update

[IvoryandRebecca 17]

1 minute ago, Chauncey said:

Yes and you do not have to quarantine in another country for 14 days anymore

Thank you for your response.  That’s such amazing news.  At least now during the wait we have the option to travel and see our fiancé’s.  Happy days 😊 just have to wait for the UK Travel ban to be lifted

[neto-66 42]

2 hours ago, Wuozopo said:

Seriously? People are paying that much? I haven’t followed it.

Yup! It was $2k to join rounds 2 & 3 of Milligan vs Pompeo, and $4.8k for an individual mandamus.

[Ryan H 3,812]

Moved from Process & Procedures to Progress Reports.

[StellaGB1 29]

22 minutes ago, IvoryandRebecca said:

Thank you for your response.  That’s such amazing news.  At least now during the wait we have the option to travel and see our fiancé’s.  Happy days 😊 just have to wait for the UK Travel ban to be lifted

Just to clarify, you won’t be able to visit the US on an ESTA or tourist visa while waiting for a K1. The exemptions only apply to those travelling to the US on K1s and other immigrant visas

[StellaGB1 29]

1 hour ago, Wuozopo said:

Seriously? People are paying that much? I haven’t followed it.

Yep! A lot of money but to be honest it’s the best 2K I’ve ever spent 

[IvoryandRebecca 17]

1 minute ago, StellaGB1 said:

Just to clarify, you won’t be able to visit the US on an ESTA or tourist visa while waiting for a K1. The exemptions only apply to those travelling to the US on K1s and other immigrant visas

This was what I was confused about.  Thank you for your response 

[Chauncey 138]

1 hour ago, IvoryandRebecca said:

Thank you for your response.  That’s such amazing news.  At least now during the wait we have the option to travel and see our fiancé’s.  Happy days 😊 just have to wait for the UK Travel ban to be lifted

Oh no I'm sorry, it only applies to k1 visa holders

[IvoryandRebecca 17]

4 minutes ago, Chauncey said:

Oh no I'm sorry, it only applies to k1 visa holders

 No worries.  It’s a step in the right direction so there’s a positive in it 😊

[YueQian 22]

Huge huge huge good news, and about time!! Gov finally doing the right thing, after being sued and losing multiple times.

 

Technically consulates could use "the pandemic" and "local conditions" as excuse to continue to not do anything, but Guangzhou has been very cooperative with previous rulings, and with resuming F2A after 10014 was canceled, so I'm optimistic about K1 in China.

[Verocopter 106]

Hello everyone, I have a question also.

 

My visa got issued 2 days ago and it will arrive today (I received the UPS tracking number via SMS). During the Interview (last Tuesday) I asked for an NIE and the officer said they do not give out blanket NIE's and that he understands my concerns but can't do anything, he was really sorry. Now, things have changed, 2 days after my interview. Do you guys think I have to send my passport back now? Do I have to apply for an NIE? Maybe even drive there again? I already emailed the consulate and asked them but maybe someone else has additional thoughts? This is such wonderful news for everyone affected by the travel ban, I just hope and pray that this also applies to me and my case.

[IvoryandRebecca 17]

Just to update- I have contacted the embassy this morning in respect of the NIE for K1 applicants requesting clarity on if this exemption is for applicants or K1 visa holders.  The advisor confirmed that we should continue checking the nearest embassy website and that they are awaiting further information/clarity from Washington.  

 

[Verocopter 106]

The German Embassy published a statement regarding the new rules

 

"Travelers who have a valid immigrant or K-1 visa may now travel directly to the United States, and no longer need a National Interest Exception (NIE) to apply for entry. All immigrant and fiancé(e) visa holders are still subject to DHS admissibility determinations and to the Centers for Disease Control’s order for mandatory COVID-19 testing prior to entry into the United States."

 

https://de.usembassy.gov/visas/immigrant-visas/?fbclid=IwAR30g5Qqon2yLzonlvEk0rgiazaMX3IUSe4cpU6P2nx2Q-vovgmWEtpIWO8

 

I think K1 Visa holders are good to go and can fly directly now. 

Edited April 9, 2021 by Verocopter
adding information

[David and Anna 118]

1 hour ago, IvoryandRebecca said:

Just to update- I have contacted the embassy this morning in respect of the NIE for K1 applicants requesting clarity on if this exemption is for applicants or K1 visa holders.  The advisor confirmed that we should continue checking the nearest embassy website and that they are awaiting further information/clarity from Washington.  

 

Checking is a good thing, but this new information is very clear already in this regard.

 

- They are going to allow K-1 holders to enter the USA directly from banned countries 

 

- Anyone with an ESTA or tourist visa is still subject to the travel ban (so it doesn't matter if you have a pending K-1 application, you still cannot enter the USA directly from a banned country with only an esta or tourist visa)

 

-  What is not 100% clear to all is whether this exemption also means that the embassies in banned countries will now process K-1 applications (My read is that this too is clear enough, and the new announcement does indeed mean they will start processing fwiw.  Of course they are leaving the "as local conditions allow" language if an embassy is closed or limited due to covid.).

Edited April 9, 2021 by David and Anna

[David and Anna 118]

8 minutes ago, Verocopter said:

The German Embassy published a statement regarding the new rules

 

"Travelers who have a valid immigrant or K-1 visa may now travel directly to the United States, and no longer need a National Interest Exception (NIE) to apply for entry. All immigrant and fiancé(e) visa holders are still subject to DHS admissibility determinations and to the Centers for Disease Control’s order for mandatory COVID-19 testing prior to entry into the United States."

 

https://de.usembassy.gov/visas/immigrant-visas/?fbclid=IwAR30g5Qqon2yLzonlvEk0rgiazaMX3IUSe4cpU6P2nx2Q-vovgmWEtpIWO8

 

I think we are good to go! 

That's great! 

 

(my fiance came from Europe in February - we were group 1 Milligan plaintiffs - and she had to go to Mexico for 2 weeks.  We would have loved to skip that to avoid the unnecessary cost, covid exposure risk, and further 2 weeks apart).  

 

We are very happy for all the K-1 applicants that can now get their visa processed and enter directly (as it should have been all along).

[olivia77 23]

1 hour ago, David and Anna said:

- Anyone with an ESTA or tourist visa is still subject to the travel ban (so it doesn't matter if you have a pending K-1 application, you still cannot enter the USA directly from a banned country with only an esta or tourist visa)

 

Sorry if it's obvious to others, Eng is not my 1st language so I found the last paragraph of the yesterday's update very confusing.

 

Quoting:

 

Visa applicants will be considered for an exception at the time of interview.  Travelers who already hold valid visas or Visa Waiver Program authorization and believe they meet the exception criteria should follow the procedures set forth on the Embassy/Consulate website where their visa was processed or nearest their residence for consideration for an exception under the geographic Presidential Proclamations.

 

Can someone please clarify? ESTA is a Visa Waiver Program, I was wondering if that meant a chance for fiances with expired K1s to see their partners during a short visit while their visas are in the backlog queue in London consulate. Thank you!