How Are K-1 Visa Holders Affected By COVID-19?

The Normal Process of a K-1 Visa

K-1 visas are issued to the fiancée of a United States citizenA K-1 visa is a non-immigrant visa, commonly known as a “fiancée visa.” K-1 visas are issued to the fiancée of a United States citizen. In order to be eligible for a K-1 visa, you and your fiancée must intend to marry within 90 days of your fiancée entering the United States. It is the first step in your fiancée becoming eligible for a green card, which your fiancé can apply for after you are legally married.

The process for a K-1 visa is as follows:

  • File Form I-129F with the U.S. Citizenship and Immigration Service (USCIS).
  • Form I-129F is reviewed by USCIS, along with supporting documentation that you provide.
  • Form I-129F is approved or denied; if approved, the Form I-129F is sent to the Department of State (DOS) National Visa Center (NVC) for processing.
  • The DOS National Visa Center sends the approved Form I-129F abroad to your fiancé’s U.S. Embassy/consulate
  • Embassy/consulate schedules a visa interview for your fiancé
  • Your fiancé applies for the K-1 nonimmigrant visa through the DS-160
  • The DOS consular officer determines if your fiancée qualifies for a K-1 visa
  • The consular officer grants the K-1 visa, which is valid for up to 6 months for a single entry

How COVID-19 Affects K-1 Visa Holders

COVID-19 has affected K-1 visa holdersReacting to the global COVID-19 pandemic, the Department of State announced the temporary suspension of routine visa services at all U.S. Embassies and Consulates and the cancellation of all routine immigrant and nonimmigrant visa appointments, effective March 20, 2020.

Temporary Suspension of Green Card Immigration

On April 22, the Trump administration issued a Proclamation suspending the entry of non-citizens to the United States as immigrants. The Proclamation applies to:

  • Non-citizens who are outside the United States
  • Non-citizens who do not have a valid immigrant visa
  • Non-citizens that do not have other valid travel documentation

Trump administration issued a Proclamation suspending the entry of non-citizens to the United States as immigrantsThe Proclamation does not apply to:

  • Lawful permanent residents of the United States
  • Immigrants entering the United States on an immigrant visa to aid with the COVID-19 pandemic (with authorization from the United States government), as well as their spouses and unmarried children under 21 years old.
  • EB-5 Immigrant Investor Program visa applicants
  • Non-citizens who are the spouse of a United States citizen
  • Non-citizens under 21 years of age who are the child of a United States citizen or are a prospective adoptee of a United States citizen.
  • Select non-citizens aiding United States law enforcement (with authorization from the United States government)
  • Non-citizens seeking to enter the United States under an SI or SQ Special Immigrant visa.

Does not conclude with how K-1 visa holders are affected. Also, need to include information on the recent June proclomation.

Talk to the K-1 Visa Experts

For more information or to speak with an immigration attorney, reach out to the legal professionals at Johnson & Masumi, P.C. At Johnson & Masumi, P.C., we pride ourselves on customer service, sincere and close working relationships, and favorable results. We serve clients in Virginia, Maryland, and Washington D.C., as well as in the rest of the United States and abroad!. We’re not afraid to tackle even the most complex cases, so if you would like to learn more about our firm, our legal services, and how we can help you, contact Johnson & Masumi, P.C. today.

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