National Interest Exemption Update

[IvoryandRebecca 17]

2 hours ago, David and Anna said:

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.).

Thanks for your response.  The information I read on the website was I agree clear, however when Ned made his announcement yesterday for the Department of State that was the part that confused me.   Ned stated ‘k1 applicants’ not holders.  That’s where the confusion lay.  People pending K1 visas could be considered applicants, hence why I contacted the embassy.  There are other people who were equally confused.  

[David and Anna 118]

25 minutes ago, olivia77 said:

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!

Please accept my apologies if my comment came off as "should be obvious".  I didn't intend that at all.  Fwiw, and only my take, and only trying to be helpful, they have said that people that HOLD K-1's no longer need an NIE to enter the USA. 

 

The rest of the language is a repeat of the current status quo for all others - that you can request an NIE and see what happens.  I am pretty sure that anyone that does not hold a valid K-1 will have to request an NIE, just like before the announcement.  Whether a case officer at any embassy will be more favorably inclined to grant that NIE to an expired K-1 holder or a new K-1 applicant to travel to the USA on esta or tourist visa is impossible to say.  

 

That said, if you have an expired K-1, I would contact the embassy about finally processing your new K-1/extension asap and use that to come to the USA.  Because it seems that the travel banned embassies may now stop illegally not processing K-1s.  

[olivia77 23]

2 hours ago, David and Anna said:

Please accept my apologies if my comment came off as "should be obvious".  I didn't intend that at all.  Fwiw, and only my take, and only trying to be helpful, they have said that people that HOLD K-1's no longer need an NIE to enter the USA. 

 

The rest of the language is a repeat of the current status quo for all others - that you can request an NIE and see what happens.  I am pretty sure that anyone that does not hold a valid K-1 will have to request an NIE, just like before the announcement.  Whether a case officer at any embassy will be more favorably inclined to grant that NIE to an expired K-1 holder or a new K-1 applicant to travel to the USA on esta or tourist visa is impossible to say.  

 

That said, if you have an expired K-1, I would contact the embassy about finally processing your new K-1/extension asap and use that to come to the USA.  Because it seems that the travel banned embassies may now stop illegally not processing K-1s.  

No, not at all, so no worries. I find these official texts confusing and am not well-versed in the visa lingo, so considering spouses in the UK were able to travel and visit during the travel ban because of NIE, I immediately thought about fiances. The backlog and case resuming might take so long that the travel ban is lifted. We have to wait and see.

And thanks so much for the advice. I reached out to the London embassy. 

[Sammum 27]

Ok, USEMs in Prague, Madrid, Stockholm, Helsinki, Frankfurt are posted their conditions for resuming K1 interviews already. Any others?

[Aliciawrfc 2]

19 hours ago, Verocopter said:

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.

It’s my understanding that you won’t need a new visa issued. Since they’ve put out that all K1 visa holders fall under the exemption. Someone I know called the London embassy today about that as she’s in the same boat as you. And they told her she didn’t need an updated visa. She can proceed directly to the USA on the one already issued to her. 

[JacobP 185]

If this is like earlier blanket NIEs, CBP should have received guidance that any Immigrant or K-1 visa holder is not subject to the 14-day travel ban. If you're traveling on a visa anytime soon, you might run into airline agents who didn't get the memo and think you're not allowed to travel, so you may need to get them to speak to CBP Carrier Liaison to confirm that you are. You'll still need to do a COVID test in advance.

Edited April 10, 2021 by JacobP

[fezlopez 38]

21 hours ago, Sammum said:

Ok, USEMs in Prague, Madrid, Stockholm, Helsinki, Frankfurt are posted their conditions for resuming K1 interviews already. Any others?

Naples consulate updated their Immigrant Visa section.

They only added "if exception applies". lol

[MKGHH 2]

3 hours ago, fezlopez said:

Naples consulate updated their Immigrant Visa section.

They only added "if exception applies". lol

I checked Naples website but it is not updated could you please share  the link here

[MKGHH 2]

3 hours ago, fezlopez said:

Naples consulate updated their Immigrant Visa section.

They only added "if exception applies". lol

IT is written unable to resume everytime i check

[MKGHH 2]

3 hours ago, fezlopez said:

Naples consulate updated their Immigrant Visa section.

They only added "if exception applies". lol

i find the part but it is written for k1 is in effect unless other exceptions apply that is redicolous

what does that mean

[ShibaYuri2428 14]

37 minutes ago, MKGHH said:

i find the part but it is written for k1 is in effect unless other exceptions apply that is redicolous

what does that mean

The Italian Consulate link is here for other people who want to see it - https://it.usembassy.gov/visas/iv/

 

Technically, the 4/8 exception includes an "update" to 9984.  If they're stating that "The geographic COVID-19-related P.P.s 9984...remain in effect." then the new exception to K-1s should remain in effect.  At least I feel that I can argue that. It doesn't say specifically that new updates do not remain in effect...

 

Note that "unless another exception applies." could be interpreted as a specific NIE to an individual. 

 

 

[Sammum 27]

Madrid:

https://es.usembassy.gov/visas/immigrant-visas/

Prague:

https://cz.usembassy.gov/information-on-travel-restrictions-faq/

Helsinki:

https://fi.usembassy.gov/k-1-and-immigrant-visa-processing-update-april-9-2021/

Stockholm:

https://se.usembassy.gov/visas/immigrant-visas/

 

[ShibaYuri2428 14]

11 minutes ago, Sammum said:

Madrid:

https://es.usembassy.gov/visas/immigrant-visas/

Prague:

https://cz.usembassy.gov/information-on-travel-restrictions-faq/

Helsinki:

https://fi.usembassy.gov/k-1-and-immigrant-visa-processing-update-april-9-2021/

Stockholm:

https://se.usembassy.gov/visas/immigrant-visas/

 

Awesome!! 

[fezlopez 38]

1 hour ago, MKGHH said:

i find the part but it is written for k1 is in effect unless other exceptions apply that is redicolous

what does that mean

It means, if an exception applies then an exception may apply!

[dmeister3 92]

I'm curious to know what the interview scheduling process was like prior to covid compared to what it will be once things *hopefully* smooth out in a month or two.  I wonder how far out we will have to schedule the interview once it is our turn.  Going to do some digging.  Is a bummer we can't have our fiances that have applied for a k1 visit with no 14 day 3rd country quarantine, that would have been extremely nice.