Help! We met 4 yrs ago and now trying to apply for fiance visa.

[apotyperez 0]

I met my fiancé 4 yrs. ago when I was in USA on J1 visa under internship program. I went back home in the Philippines when the program ended despite the distance we continue our relationship. Everyday we keep in touch and stay strong to support each other. Long distance relationship is never easy, due to loneliness and being depressed. one horrible night happened when my fiancé has been charged for dui on 4th offense. He served 4 years in prison he regret it so badly but he is grateful that he never brought harm to anyone except to his self and that he has learned from his mistakes. Despite of being in jail the court allow him continue to stay working in his company offshore and go back to jail when he take off from work so we still have communication. It is very hard and painful for both of us for all the years wasted but we never give up. Now he is a free man trying to have a better life and get himself all together. He is still under the parole and the court gave him order that he can only travel out of USA till year 2020. So I tried my best to get a tourist visa to visit him and I got approved.

But it gets even harder when I travel just recently and I got denied at the port of entry as a tourist because they doubt I wont come back and the customs found out I have fiancé who is willing to marry me. Although we told them we don't have intention to marry and just file for fiancé before I come back home. But still they didn't allow me to enter so I voluntarily withdraw my application and come back home on the same day of travel. They said I can reapply anytime either immigrant or non immigrant visa.

I am so stress and depressed with all this waiting and trying to be with him same thing he is showing me. So our last option will be the fiancé visa but we met 4 years ago? Is there anyway we will get approved for K1 or we still have to apply for this waiver to prove the extreme hardship?? Please any advice will be highly appreciated.

[kzielu 1,147]

No chance to get approved. Had to meet wothin last 2 years.

[NigeriaorBust 4,087]

Actually because you have proof that he can't travel to you and that you have tried for several tourist visas you might be able to get a waiver of the requirement of meeting in the last 2 years.

[Jawaree 717]

Can U marry by proxy, let him check it out in his state and U in your country

then he file CR1 ...U both had a relationship & have kept it going by your

explanation, U also attempted to see him

[milimelo 4,194]

Can U marry by proxy, let him check it out in his state and U in your country

then he file CR1 ...U both had a relationship & have kept it going by your

explanation, U also attempted to see him

Immigration won't accept the proxy marriage if there hasn't been consummation - ie. like they never married.

[Boiler 43,432]

As there seem no other realistic options in the near future, what have you to lose by applying for a waiver.

There have been a couple I though stood no chance and worked.

[Jawaree 717]

OP did not say anything about consummating the relationship

I have no knowledge in that area , but I ask what if it has been in

the past don't that count, I am ignorant to that fact, just trying to

learn. I've seen here ppl marry by proxy if their state allows it

[apotyperez 0]

Thanks to everyone for all the advice. But Im losing hope about the fiance visa and applying for waiver because I felt it will takes a lot of time waiting and least chance. But we have another option I will apply again for J1 type of visa, they said I'm still qualified for the career training program, the last time I did the internship. So we will see from there and hope for the best.

[jan22 2,898]

Thanks to everyone for all the advice. But Im losing hope about the fiance visa and applying for waiver because I felt it will takes a lot of time waiting and least chance. But we have another option I will apply again for J1 type of visa, they said I'm still qualified for the career training program, the last time I did the internship. So we will see from there and hope for the best.

Just a reminder -- the J visa carries the same requirement of non-immigrant intent as the B visa does. So, if the immigration officer doubted your intent to leave the US when you attempted to enter on the B visa, when the next one sees how soon after that denial you applied for the J visa (assuming the visa officer grants it in the first place) and tried again to enter the US, it might still get the same result (i.e., a turn-around at the port of entry), since your reasons to leave the US and return home are at least no stronger and will perhaps even be viewed as weaker.