Lawsuit over fiancé(e) visa delays

Due to the COVID-19 pandemic, many foreign-born fiancé(e)s are facing substantial delays in processing their fiancé(e) visas. The US Embassies and Consulates were closed for months and are only slowly resuming the processing of K-1 visas depending on the situation in each country.

When the President issued the Proclamations (“PPs”) that suspended entry into the U.S. certain foreigners who have been physically present in China, Iran, Schengen Area, U.K., Ireland, or Brazil in the previous 14-days, the State Department suspended issuing visas to people residing in those countries.

Over 150 U.S. citizens filed a class action lawsuit to force the State Department to resume issuance of fiancé(e) visas. On November 19, 2020, the court prohibited the State Department from relying on the PPs to suspend visa issuance to the named plaintiffs affected by those PP.

K-1 visa applicants who are named plaintiffs and subject to a regional proclamation should contact their nearest Embassy or Consulate for
guidance on scheduling a visa interview. However, they do not have priority ahead of other K visa applicants and remain subject to the regional PPs.