Trump’s 75-Country Immigration Ban: Does It Impact Your K-1 Visa?

If you’re an international couple planning to marry in the U.S., you may have heard about the so-called ban on 75 countries and wondered if your fiancé(e) visa (K-1) will be affected. The short answer is no and here’s why.

What Is the 75-Country Ban?

Recently, a new U.S. policy made headlines by placing additional restrictions on immigrants from certain countries especially affecting immigrant visa categories that lead directly to permanent residency (green cards).

However, it’s important to understand the type of visa the 75-country policy targets:

• The ban focuses on immigrant visas which grant lawful permanent residency.

• Nonimmigrant visas like the K-1 fiancé(e) visa are not affected.

  
  

Why K-1 Visas Are Exempt

The K-1 visa is designed for foreign nationals engaged to U.S. citizens, allowing them to enter the United States specifically to marry within 90 days and then adjust status to a green card holder. Because it is a nonimmigrant visa (non-immigrant intent), the 75-country restrictions do not apply.

This means that even if your country is listed under the ban, your fiancé(e) visa process continues as normal.

Process of the K-1 Fiancé(e) Visa

Here’s a Step-by-Step Overview:

1. U.S. Citizen Files Form I-129F:

   • This form (Petition for Alien Fiancé(e)) starts the process.

   • Once approved by USCIS, the petition is sent to the National Visa Center (NVC).

2. NVC Sends to U.S. Embassy / Consulate:

   • Your case is forwarded to your partner’s local U.S. consulate.

   • Medical exam and background checks are scheduled.

3. Fiancé(e) Visa Interview:

   • Your partner attends an interview.

   • If approved, they receive the K-1 visa stamp valid for 6 months.

4. Entry and Marriage:

   • The fiancé(e) must enter the U.S. within 6 months and marry the petitioner within 90 days.

5. Adjustment of Status:

   • After marriage, the foreign spouse files Form I-485 to adjust status to a green card holder.

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K-1 Visas Are Still Available

Despite public misconceptions, the policy restricting certain immigrant visas does not restrict K-1 fiancé(e) visas, because they are categorized as non-immigrant rather than immigrant visas. This is great news for couples waiting to be together in the U.S.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. The firm was founded in 2012 and is known for its compassionate, results-driven approach to immigration law. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and her Master of Laws from the University of Washington School of Law