Does filing K-1 before or after Travel Ban for Venezuela fiance matter?

[AboynamedSue 1]

Does "grandfatherhing" in applications help?

 

My Venezuelan fiance and I were about to file the fiance visa a few months ago, but the lawyer advised waiting for the ban to be announced. Given the lenient restrictions last time on Venezuela, we were not too concerned until a few days ago. Seeing Venezuela on the red tier list is heartbreaking. Is it over for us? Her and her daughter are my family now.....I can hardly breathe or think.

 

As of right now, I can't get a hold of the lawyer. He was super responsive for a long time except for the past few weeks. Really bad timing, but should I be pressing his legal assistants ASAP!!!

 

I ask Grok Artificial Intelligence, and it recommends to file be the ban is announced.

 

For a Venezuelan fiancé:

• No Impact Pre-Approval: 80–90% chance your case sails through USCIS if filed now (e.g., March 17), assuming strong evidence (photos, visits). Ban timing doesn’t touch this phase.

• Post-Approval Risk: 70–80% chance of grandfathering—interview proceeds under pre-ban approval—dropping to 10–20% if waivers are required post-ban. Bogotá’s backlog could delay into stricter enforcement, but approval odds hold with a solid case.

•  

Bottom line: A travel ban won’t likely derail an already-filed K-1 before USCIS approval—your receipt date shields you. Impact hits at the consulate, where ban rules could snag issuance, but precedent favors processing over cancellation. File fast, stack evidence, and odds stay high (75–85%) unless Trump rewrites the playbook mid-game—possible, but not his past pattern.

[TBoneTX 46,612]

Welcome to the forum!

 

Yes, lean on your lawyer.  In addition, contact your U.S. Congressman and speak with his/her immigration liaison.  On the Congressman's website, you should be able to find a release form that gives the office permission to inquire/intervene on your behalf; have this completed and ready to send immediately.

 

It's unclear whether the Congressman's office will know much of value this early in the game, but you should at least get your issue into their system.

 

Keep us closely apprised in regard to developments and information that you learn.

[AboynamedSue 1]

Thank you.  We have not filed the K-1 visa yet.  Reaching out to my Congresswoman is not an option right now.  From my understanding, this Congress will be ineffective challenging the Travel Ban.  Any challenges to the travel ban will end up in the courts. 

 

Recent reports hint at a full ban for Venezuela.  We ere not expecting this.  I don't know how to comprehend this. 

 

Would filing before the ban allow "grandfathering"?  Of course, no one knows, but any thoughts?

[TBoneTX 46,612]

I ignored your chief question.  Yes, file ASAP -- meaningfully, without rushing.

 

"Front-load" the I-129F petition with proof of bona fide relationship -- boarding passes, shared receipts, selected photos (a few from each visit), and selected meaningful correspondence covering the length of your relationship.  Avoid including anything in which you refer to yourselves playfully as "husband/wife," because this would hose your petition at USCIS or the consular level.  Avoid any engagement-party photos that might be construed to be a wedding ceremony.

[TBoneTX 46,612]

Our answers coincided.   

 

Terminology thing:  You're filing the I-129F petition.  The K-1 Visa application occurs later, after petition approval.

 

Your Congresswoman's office may not be able to challenge a ban, but they'll have avenues for learning information that can prove helpful to you.  Get in their system.

Edited March 17 by TBoneTX

[AboynamedSue 1]

Thank you. The relationship is solid with 4 visits (5 if we include last trip), letters of support, pictures, conversations, hotel receipts, boarding passes, and other receipts. It is an extremely healthy relationship that will lead to a lasting marriage.  I am feel blessed each and every day. 

 

We were about to file, but I asked for a few more days to settle a matter, but it extended it for like 6 weeks as the lawyer went MIA. 

 

We were not too worried given the last ban on Venezuela, but the recent announcements, our worse nightmare feels like it is materializing as Venezuela is being lumped in the "red tier" list with North Korea.  

 

I am calling first thing in the morning to submit the application to hopefully beat the ban. 

[TBoneTX 46,612]

54 minutes ago, AboynamedSue said:

I am calling first thing in the morning to submit the application

If your lawyer's office is doing this, I urge in the strongest possible terms that YOU check over the petition package (NOT application) first.

[AboynamedSue 1]

What does this mean?  Check over the petition package?

 

Thank you. 

[wildbug100420 222]

1 hour ago, AboynamedSue said:

What does this mean?  Check over the petition package?

 

Thank you. 

Making sure everything in petition is accurate since you are responsible for it. Also are you sure it's a lawyer and not a notario?

[Dashinka 25,165]

2 hours ago, AboynamedSue said:

What does this mean?  Check over the petition package?

 

Thank you. 

Even if a lawyer/paralegal, or a visa service prepares your petition, it is still your petition.  These entities have been known to make mistakes, so it is important that you are as knowledgeable as possible of the process, and check over any work done on your behalf as it is you signing the petition.

 

Good Luck!

[AboynamedSue 1]

Thanks for the replies.

 

 

Does anyone have insights on whether or not applications will be "grandfathered" in?  Venezuela looks like it will be in a red tier list facing a complete ban. 

 

I know no one can give a guaranteed answer until the travel ban is announced, but I am curious. 

[SalishSea 18,355]

1 hour ago, AboynamedSue said:

Thanks for the replies.

 

 

Does anyone have insights on whether or not applications will be "grandfathered" in?  Venezuela looks like it will be in a red tier list facing a complete ban. 

 

I know no one can give a guaranteed answer until the travel ban is announced, but I am curious. 

The ban has nothing to do with petitions.   Just like last time, it applies to visa issuance at the consular level.  
 

Unfortunately “grandfathering” or “beating the ban”  does not apply in your case.

[Ellie_7 103]

In 2020, Trump issued COVID travel bans on multiple European countries. I am not aware of any case where the fiance visa case (or any other class of case impacted by the ban) that was filed before the ban, being allowed to progress to a visa issuance in an impacted country.

Even if a case had already arrived at the embassy, it was not allowed to proceed any further as long as the ban was in effect.

 

I am exceedingly doubtful that a ban issued in Trump's second administration will be any different in its impact.

 

 

[AboynamedSue 1]

I am reading Meta and Grok AI and they say that filing preban may improve our chances at waivers and exemption under a complete ban. 

 

I am torn because I love this woman, and the relationship will lead to a happy marriage and warm home with her daughter. If it is not with her, then I will most likely try again with someone else from Latin America since share similar values regarding home and family. After sobering up 6 years ago, I am not sadly finding that in America and I am getting older.  All this takes time. 

 

Then I will have to start over with a K-1 already filed.  I may have to ask for a waiver.  

 

I do not know whether to go for it and maximize every advantage, or realize that we did everything possible, and take a wait and see approach so we can make an informed decision as a couple. 

 

I do not want to regret filing soon an potentially missing even the slightest opportunity to be with my fiancé nor to do I want to waste a K-1 application on a country facing a complete ban, potentially jeopardizing a future application.  I can travel in 2 months....and I just do not know. 

 

We are caught in ethical quagmires and a nightmare decision that I would not wish on anyone. 

[appleblossom 3,573]

6 minutes ago, AboynamedSue said:

I am reading Meta and Grok AI and they say that filing preban may improve our chances at waivers and exemption under a complete ban. 

 

I am torn because I love this woman, and the relationship will lead to a happy marriage and warm home with her daughter. If it is not with her, then I will most likely try again with someone else from Latin America since share similar values regarding home and family. After sobering up 6 years ago, I am not sadly finding that in America and I am getting older.  All this takes time. 

 

Then I will have to start over with a K-1 already filed.  I may have to ask for a waiver.  

 

I do not know whether to go for it and maximize every advantage, or realize that we did everything possible, and take a wait and see approach so we can make an informed decision as a couple. 

 

I do not want to regret filing soon an potentially missing even the slightest opportunity to be with my fiancé nor to do I want to waste a K-1 application on a country facing a complete ban, potentially jeopardizing a future application.  I can travel in 2 months....and I just do not know. 

 

We are caught in ethical quagmires and a nightmare decision that I would not wish on anyone. 

 

What a peculiar way of looking at it. So you say above 'It is an extremely healthy relationship that will lead to a lasting marriage. I feel blessed each and every day’, yet you’d give that up just in case you waste a K-1 application on this person?! Most people would do whatever they could to be with the person they love, which may well include going to live in their country instead if they couldn’t be together in the US for some reason. They certainly wouldn’t be worrying about not being able to petition another person further down the line!