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25
Apr

Slow Resumption of K visa interview with increasing COVID cases

A few weeks ago, the US Department of State announced they will consider immigrant visas (fiance visas, included) as an exception (NIE) to the Presidential Proclamations 9984, 9992, and 10143 (i.e. “Travel Ban”) on select countries. They have resumed fiance visa interviews in most Travel Banned countries, however it’s up to each Embassy to reopen as conditions permit in host countries.

The USCIS
The lockbox facility is still processing new incoming I-129F paperwork at a slower-than-normal speed. They are averaging about 4 weeks before they accept your I-129F and send you a notification. It’s getting better, and if you haven’t heard back since mailing out your I-129F for over 4 weeks, you’re allowed to send an online inquiry.

Once the Lockbox facility accepts and forwards your packet to the USCIS, the I-129F processing remains steady at 5-7 months.

The NVC
The NVC is the same as before. They hold (“warehouse”) petitions until the consulates are ready to resume. Your case will be “stuck” with them until the destination Embassy is ready to accept new applications. However, with the increasing resumption of most consulates, the NVC is sending out more and more approval letters recently.

By the way, if you’d like to know a bit more about how the NVC is operating under current COVID conditions, there’s a neat Q/A from the AILA with the US DOS, here. If you’re not familiar, the AILA (American Immigration Lawyers Association) conducts routine meetings with the US Department of State regarding visa processing issues. They publish topics regularly. Last month, they focused a lot on the NVC and its operations under COVID conditions.

Normally, I read these committee meeting questions and answers and give you a summary. This week, I thought it’d be nice for you to see it for yourself.

A fun fact that the DOS revealed: they normally see only 25% legal representation from applicants. Meaning, around 25% of all cases have attorneys involved. The vast majority, 75%, of applicants do the paperwork themselves. Now, this is across the board and doesn’t necessarily reflect immigrant or K visa applicants. But it goes to show you that most people like to have control of the process themselves. And, of course, as you know, I fully support that!

US Embassies
As you know, non-travel banned countries were resuming operations, although slowly, starting about 2 months ago. K visa applicants from Travel-Banned countries such as the UK, Ireland, China, countries in the Schengen area, Brazil and more are now technically allowed to interview or enter the US directly. However, it all depends on local conditions when/how the Embassies resume operations.

I’ve gotten first-hand confirmation from couples in the Schengen area that they are being scheduled for interviews. I have not yet heard of the Philippines resuming operations except for emergencies, age out, or others.

Also realize that many countries are experiencing a deadly resurgence of COVID-related cases. Many countries are implementing temporary lockdowns… which will prevent Embassies from continuing operations. If there is a temporary lockdown or pause on interviews, the embassy will let you know right away… and hopefully reschedule you.

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