K1 Russian fiance cannot travel to Poland for interview

[PakistaniRussian 83]

On 8/9/2022 at 10:58 PM, champole said:

NOA1 2.7.22. NOA2 expected March 2023 (currently California is 13.5 months processing 80% of applications)

Good luck, I'm in the same boat as you. We got a Schengen visa to Spain and then plan to go from Spain to Poland for our interview. NOA1 Jan 3, 2022, so we are also expecting a Feb/Mar 2023 approval date. Keep your head up. I've been told to wait until your NOA2 is approved and then reach out to Embassies in other countries to try and get it transferred. 

[champole 3]

18 minutes ago, PakistaniRussian said:

Good luck, I'm in the same boat as you. We got a Schengen visa to Spain and then plan to go from Spain to Poland for our interview. NOA1 Jan 3, 2022, so we are also expecting a Feb/Mar 2023 approval date. Keep your head up. I've been told to wait until your NOA2 is approved and then reach out to Embassies in other countries to try and get it transferred. 

Yep. Will keep everyone posted as it unfolds

[SoDifficult 24]

Hi all. Did anyone come up with a solution to this issue? Are Russian citizens required to fly to Poland from a Schengen country, or can they route from Istanbul?

[Simplytex 387]

10 hours ago, SoDifficult said:

Hi all. Did anyone come up with a solution to this issue? Are Russian citizens required to fly to Poland from a Schengen country, or can they route from Istanbul?

So, my wife and I just met up in Italy for 3 weeks over the New Year's, she says when she flew from Belgrade to Munich, upon entering the Schengen zone the Germans asked her very directly if she was planning on going to Poland.... She said no, since she wasn't, at least for that trip. Also, based on the official Polish statement, I wouldn't risk trying to enter Poland directly from a non-Schengen country (our plan at least in my head, is to enter Italy, go to Germany, then take the train from Berlin to Warsaw.)

 

That said, my wife said in the Russian chat groups, some people have apparently entered Poland directly with a Schengen visa by showing the interview appointment letter as proof of humanitarian/"non-tourist" intent, but I'd rather save that as backup than the main plan.

[SoDifficult 24]

We reached out to several sources, one of which being the Polish Borders HQ.

 

Below is their full reply, but the final statement in their response is most important:

 

----------------------------------------

"Welcome

 

In response to your email please be informed that we do not examine individual cases but only deliver general information on entry and stay conditions on the territory of the Republic of Poland. If you need any individual assessment please contact border guard post where you are planning to cross the border.

 

The assessment of the legal and factual situation of foreigners on the basis of oral statements and presented documents, and therefore the decision in a specific case regarding the consent to entry or refusal of entry is made only by the Border Guard officer performing border checks when crossing the entry border.

 

Documents can only be checked at the border upon entry.

 

Currently, only Russian citizens belonging to the following categories of people may cross the state border to enter Poland through road, rail, river, air and sea border crossings (regardless of the country from which the entry to Poland takes place):

 

1. foreigners who are spouses or children of Polish citizens or remain under constant care

 

2. foreigners holding the Card of the Pole

 

3. members of diplomatic missions, consular posts and representatives of international organizations and members of their families, as well as by other persons crossing the border on the basis of a diplomatic passport;

 

4. foreigners having the right of permanent or temporary residence on the territory of the Republic of Poland (possessors of Polish residence card),

 

5. foreigners who have the right to work in the territory of the Republic of Poland , i.e. foreigners entitled to work on the same terms as Polish citizens, foreigners with a work permit, foreigners with a certificate of entry in the register on seasonal work, foreigners with a declaration on entrusting work to a foreigner on the territory of the Republic of Poland, who:

 

a) perform work in the territory of the Republic of Poland or

 

b) present documents proving that the commencement of work will commence immediately after crossing the border;

 

6. foreigners who operate a means of transport for the transport of persons or goods and their journey takes place as part of professional activities involving the transport of goods or transport of persons;

 

7. drivers engaged in carriage by road in the context of international road transport or international combined transport operations within the meaning of art. 4 points 2 and 14 of the Act of 6 September 2001 on road transport (Journal of Laws of 2019, item 2140 and of 2020, item 875) travelling in transit through the territory of the Republic of Poland by means of transport other than the vehicle by which road transport is carried out:

 

• in order to take the rest referred to in Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulation (EEC) No 3821/85 and (EC) 2135/98, as well as repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.04.2006, p. 1, as amended 2)), in the territory of the country of stay,

 

• after collecting the rest referred to in the Regulation mentioned above, and after a break in the performance of work in the circumstances indicated in art. 31 section 1 of the Act of 16 April 2004 on working time of drivers (Journal of Laws of 2019, item 1412);

 

8. pupils learning in the Republic of Poland, after having been documented to a Border Guard oficer that they are learning in the Republic of Poland and their guardians who crossing the border together with pupils in order to enable them to study

 

9. foreigners holding a permanent residence permit or a long-term resident's European Union residence permit, on the territory of other Member States of the European Union, a Member State of the European Free Trade Agreement (EFTA) - Parties to the Agreement on the European Economic Area, the Swiss Confederation or the United Kingdom of Great Britain and Northern Ireland and their spouses and children, in order to travel through the territory of the Republic of Poland, to their place of residence or stay;

 

10. students, participants in post-graduate studies, specialist education and other forms of education, as well as doctoral students studying in the Republic of Poland, after having documented their education in the Republic of Poland to a Border Guard officer.

 

11. scientists conducting research or development works in the Republic of Poland, having documented to a Border Guard officer the conduct of scientific research or development works in the Republic of Poland; specialists in a specific field of science employed in a scientific position at a university, college or research institute, who carry out research work on selected issues.

 

12. persons crossing the border of the Republic of Poland on the basis of a national repatriation visa or a visa to come to the territory of the Republic of Poland as a member of the repatriate's close family;

 

13. foreigners crossing the border of the Republic of Poland on the basis of humanitarian visa

 

13. fishermen within the meaning of the article 2 point 9 of the Act of 11 September 2019 on work on board a fishing vessel (Dz.U. pos. 2197) or seafarers within the meaning of the article 2 point 3 of the Act of 5 August 2015 on work at sea (Dz.U of 2020 pos.1353), including seafarers employed under the conditions laid down in article 46 or 108 of the Act on worka at sea, and also:

 

• seafarers and fishermen travelling to the port for employment purposes (work onboard a ship) and to their place of residance or stay after the completion employment, even they are travelling by different means of transport – also through the territory of the Republic of Poland

 

• persons working on a ship or offshore platform on the basis of documents different than sailor’s employment contract 

 

14. foreigners holding visa issued for the purpose of participation in ‘’Poland. Business Harbour” programme

 

15. minor foreigners who are children or remain under the permanent care of the foreigners in question in points 2, 4 or 5.

 

 

 

Persons not fulfilling the above conditions which are veryfi only at border durig crossing it, can’t enter Poland through an external border.

 

Actually during the sanctions imposed on russia due to the war in Ukraine there isn’t any exemption for travellers from russia who would like to enter Poland to interview at the American Embassy in Warsaw.

 

 

 

It is last answer on this matter.

 

Polish Borders HQ"

----------------------------------------

 

As of right now, we've change my fiance's flight from Istanbul to Vienna, and she will then fly to Warsaw; based on the hopes that entering from a Schengen country will avoid customs.

[Simplytex 387]

3 hours ago, SoDifficult said:

We reached out to several sources, one of which being the Polish Borders HQ.

 

Below is their full reply, but the final statement in their response is most important:

 

----------------------------------------

"Welcome

 

In response to your email please be informed that we do not examine individual cases but only deliver general information on entry and stay conditions on the territory of the Republic of Poland. If you need any individual assessment please contact border guard post where you are planning to cross the border.

 

The assessment of the legal and factual situation of foreigners on the basis of oral statements and presented documents, and therefore the decision in a specific case regarding the consent to entry or refusal of entry is made only by the Border Guard officer performing border checks when crossing the entry border.

 

Documents can only be checked at the border upon entry.

 

Currently, only Russian citizens belonging to the following categories of people may cross the state border to enter Poland through road, rail, river, air and sea border crossings (regardless of the country from which the entry to Poland takes place):

 

1. foreigners who are spouses or children of Polish citizens or remain under constant care

 

2. foreigners holding the Card of the Pole

 

3. members of diplomatic missions, consular posts and representatives of international organizations and members of their families, as well as by other persons crossing the border on the basis of a diplomatic passport;

 

4. foreigners having the right of permanent or temporary residence on the territory of the Republic of Poland (possessors of Polish residence card),

 

5. foreigners who have the right to work in the territory of the Republic of Poland , i.e. foreigners entitled to work on the same terms as Polish citizens, foreigners with a work permit, foreigners with a certificate of entry in the register on seasonal work, foreigners with a declaration on entrusting work to a foreigner on the territory of the Republic of Poland, who:

 

a) perform work in the territory of the Republic of Poland or

 

b) present documents proving that the commencement of work will commence immediately after crossing the border;

 

6. foreigners who operate a means of transport for the transport of persons or goods and their journey takes place as part of professional activities involving the transport of goods or transport of persons;

 

7. drivers engaged in carriage by road in the context of international road transport or international combined transport operations within the meaning of art. 4 points 2 and 14 of the Act of 6 September 2001 on road transport (Journal of Laws of 2019, item 2140 and of 2020, item 875) travelling in transit through the territory of the Republic of Poland by means of transport other than the vehicle by which road transport is carried out:

 

• in order to take the rest referred to in Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulation (EEC) No 3821/85 and (EC) 2135/98, as well as repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.04.2006, p. 1, as amended 2)), in the territory of the country of stay,

 

• after collecting the rest referred to in the Regulation mentioned above, and after a break in the performance of work in the circumstances indicated in art. 31 section 1 of the Act of 16 April 2004 on working time of drivers (Journal of Laws of 2019, item 1412);

 

8. pupils learning in the Republic of Poland, after having been documented to a Border Guard oficer that they are learning in the Republic of Poland and their guardians who crossing the border together with pupils in order to enable them to study

 

9. foreigners holding a permanent residence permit or a long-term resident's European Union residence permit, on the territory of other Member States of the European Union, a Member State of the European Free Trade Agreement (EFTA) - Parties to the Agreement on the European Economic Area, the Swiss Confederation or the United Kingdom of Great Britain and Northern Ireland and their spouses and children, in order to travel through the territory of the Republic of Poland, to their place of residence or stay;

 

10. students, participants in post-graduate studies, specialist education and other forms of education, as well as doctoral students studying in the Republic of Poland, after having documented their education in the Republic of Poland to a Border Guard officer.

 

11. scientists conducting research or development works in the Republic of Poland, having documented to a Border Guard officer the conduct of scientific research or development works in the Republic of Poland; specialists in a specific field of science employed in a scientific position at a university, college or research institute, who carry out research work on selected issues.

 

12. persons crossing the border of the Republic of Poland on the basis of a national repatriation visa or a visa to come to the territory of the Republic of Poland as a member of the repatriate's close family;

 

13. foreigners crossing the border of the Republic of Poland on the basis of humanitarian visa

 

13. fishermen within the meaning of the article 2 point 9 of the Act of 11 September 2019 on work on board a fishing vessel (Dz.U. pos. 2197) or seafarers within the meaning of the article 2 point 3 of the Act of 5 August 2015 on work at sea (Dz.U of 2020 pos.1353), including seafarers employed under the conditions laid down in article 46 or 108 of the Act on worka at sea, and also:

 

• seafarers and fishermen travelling to the port for employment purposes (work onboard a ship) and to their place of residance or stay after the completion employment, even they are travelling by different means of transport – also through the territory of the Republic of Poland

 

• persons working on a ship or offshore platform on the basis of documents different than sailor’s employment contract 

 

14. foreigners holding visa issued for the purpose of participation in ‘’Poland. Business Harbour” programme

 

15. minor foreigners who are children or remain under the permanent care of the foreigners in question in points 2, 4 or 5.

 

 

 

Persons not fulfilling the above conditions which are veryfi only at border durig crossing it, can’t enter Poland through an external border.

 

Actually during the sanctions imposed on russia due to the war in Ukraine there isn’t any exemption for travellers from russia who would like to enter Poland to interview at the American Embassy in Warsaw.

 

 

 

It is last answer on this matter.

 

Polish Borders HQ"

----------------------------------------

 

As of right now, we've change my fiance's flight from Istanbul to Vienna, and she will then fly to Warsaw; based on the hopes that entering from a Schengen country will avoid customs.

This is roughly what I've seen reported, and you could arguably claim that they are there under point 13 (the first one, not the fisherman one) on a humanitarian purpose... But I understand that probably they mean that the Russian trying to enter needs to find in in a humanitarian visa, not a tourist Schegen visa... 

 

It is alarming though that they specifically say that they don't give a fudge about providing any exemption for those people who need to attend the US embassy, I feel like the US dept of state could have done a better job helping to "convince" our Polish friends that this would be something desired...

 

Do you have a Schegen visa already? When you plan to try to make the trip (I see per the timeline you are interviewing on March 2, right?)

[SoDifficult 24]

9 minutes ago, Simplytex said:

This is roughly what I've seen reported, and you could arguably claim that they are there under point 13 (the first one, not the fisherman one) on a humanitarian purpose... But I understand that probably they mean that the Russian trying to enter needs to find in in a humanitarian visa, not a tourist Schegen visa... 

 

It is alarming though that they specifically say that they don't give a fudge about providing any exemption for those people who need to attend the US embassy, I feel like the US dept of state could have done a better job helping to "convince" our Polish friends that this would be something desired...

 

Do you have a Schegen visa already? When you plan to try to make the trip (I see per the timeline you are interviewing on March 2, right?)

I completely agree. The fact that the dept of state specifically chose Warsaw as the substitute embassy for Russian citizens blows me away that an exception has not been made. If not, then why has an alternative embassy not already been assigned to allow applicants legal access to the embassy? Bad enough we have our own border issues, but now we are intentionally forcing border issues on Poland 🤣 sounds about right.

 

Yes, she does have a Schengen visa. We plan to arrive in Warsaw February 28th for the March 2nd interview.

 

I considered changing the embassy, but prior to learning about the ban, had already paid the application fee and booked flights/hotels. Although, the additional cost of the flight change through Vienna was probably more than a duplicate interview fee.

 

I sent an email to the embassy to get their response, but I'm sure if and when they reply, it won't include any helpful information.

 

Who knows, maybe luck will be in our favor and the ban will be lifted by then.

[champole 3]

4 hours ago, SoDifficult said:

I completely agree. The fact that the dept of state specifically chose Warsaw as the substitute embassy for Russian citizens blows me away that an exception has not been made. If not, then why has an alternative embassy not already been assigned to allow applicants legal access to the embassy? Bad enough we have our own border issues, but now we are intentionally forcing border issues on Poland 🤣 sounds about right.

 

Yes, she does have a Schengen visa. We plan to arrive in Warsaw February 28th for the March 2nd interview.

 

I considered changing the embassy, but prior to learning about the ban, had already paid the application fee and booked flights/hotels. Although, the additional cost of the flight change through Vienna was probably more than a duplicate interview fee.

 

I sent an email to the embassy to get their response, but I'm sure if and when they reply, it won't include any helpful information.

 

Who knows, maybe luck will be in our favor and the ban will be lifted by then.

Thank you. Definitely please keep us updated. There have been recent Russian citizens on this forum flying from a Schengen country successfully to Poland to interview in Warsaw 

[Lynxyonok 316]

10 hours ago, SoDifficult said:

Actually during the sanctions imposed on russia due to the war in Ukraine there isn’t any exemption for travellers from russia who would like to enter Poland to interview at the American Embassy in Warsaw.

 

It is last answer on this matter.

 

Polish Borders HQ"

Wow. Simply wow that in a world where information can travel at the speed of light, this is the best that is available for beneficiaries of American petitioners. Reminds me of another time in U.S. history when certain nationalities were not allowed to enter...

 

History is cyclical and repeats every 3 generations. And like Napoleon said, those, who do not learn from history...

[Simplytex 387]

7 hours ago, SoDifficult said:

Yes, she does have a Schengen visa. We plan to arrive in Warsaw February 28th for the March 2nd interview.

 

Best of luck, and please do keep us updated! I'm still planning to try to go the Poland route (instead of transferring) because my personal experience in EU has been that I've never had my passport checked on an internal Schengen border... I just need that to hold true one more time...

[champole 3]

28 minutes ago, Simplytex said:

Best of luck, and please do keep us updated! I'm still planning to try to go the Poland route (instead of transferring) because my personal experience in EU has been that I've never had my passport checked on an internal Schengen border... I just need that to hold true one more time...

Please keep us all updated. Good luck and I hope you can make it through with absolutely no problems

[SoDifficult 24]

Thanks all. I'll definitely let you know how it goes. I've talked to a few others who will also enter from another Schengen country, but via rail vs air. We shall see!