Non-immigrant K1 Fiance Visas
We’ve received word that several U.S. consulates abroad have stopped processing K1 fiance visas. This is incorrect based on my reading of the new proclamation. Although K1 visas are, strictly speaking, non-immigrant visas, they are not among those visas targeted for exclusion by the June 22 proclamation.
This most recent June 22 proclamation amends Proclamation 10014 of April 22, 2020. So, the two proclamations need to be read together.
Proclamation April 22:
Proclamation 10014 of April 22, 2020, targets “immigrant visas”:
Section 1. Suspension and Limitation on Entry. The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.
Section 2 provides for an exception for spouses, etc.:
(b)(iv) any alien who is the spouse of a United States citizen;
Proclamation June 22:
By comparison, the new Proclamation of June 22 limits certain “non-immigrants”:
(b) Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:
(a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien;
(b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and
(c) an L visa, and any alien accompanying or following to join such alien.
There is no limitation for non-immigrant visas apart from what is on this list. In particular, the June 22 proclamation does not exclude K1 visas.
It appears some consulates may have misplaced focus on the exceptions found in Section 3 of the new Proclamation of June 22, 2020. Section 3 relates to exceptions or carve-outs for immigrants. The K1 visa is technically a non-immigrant visa, so Section 3 does not apply.