Want to apply for a Fiance Visa, but it's looking complicated. Looking for advice.

[Mala Maca 0]

Hello!

After browsing through the forums, I too have decided to post in search for some advice. This will be quite an extensive post so I would like to thank everyone for their patience and thoughts, if you decide to read it and/or comment on it.

 

Our story is a little complicated, so here it goes...

 

I'm in love with a man that resides in Serbia and I live in America. We want to apply for a Fiance Visa (K1 visa I believe it is?) but our situation is rather uncommon.

I'll write a little bit about myself first.
- I'm turning 27 soon and I live alone.
- I suffer from Muscular Dystrophy (FSH) and I am on Supplemental Security Income (SSI) and Social Security Disability (SSD).
- Therefore I believe I'm somewhere around the poverty line, but I can get a family member to be my co-sponsor so that shouldn't be an issue, I hope.

 

Now some information about him.
- He's turning 30 soon.
- He's fluent in English.
- He has never traveled outside of his country before.
- His lifetime's working experience wasn't documented until recently. He has been working but he wasn't registered by his previous employers, which is a common case with workers in his country.
- He has "officially" became a registered employee about 40 days ago, which is sadly the only relevant working experience as far as the official statistics go.
- He has savings, and he too has a family member who can co-sponsor him if needed.
- He doesn't have any assets registered to his name, but he can register a house to his name if needed.
- He also applied for the "Green Card Lottery" program in October 2016. The draw for that will take place in May 2017.

 

What is our background?
We met online exactly 10 years ago. Ever since we have been in regular touch whether it be by MSN, E-mails, Skype calls and Viber as of recent. We literally talk every day.

We've talked about being together for the longest and about getting married. Unfortunately we haven't been able to meet yet (which I know is a requirement when filling out the K-1 form) due to hardships on both ends. I'm not able to travel that far due to my health conditions and he almost definitely won't get approved for a Tourist Visa with his working status in mind. Or would he?

 

We want to be together and we want to apply for a Fiance Visa. However, taking my medical (therefore financial situation) and his work history into consideration - we might make a very weak case in the eyes of the officials. Are we overthinking it? We fear we might get instantly rejected. Should we talk to an immigration lawyer and ask for proper legal advice? I really don't want to go that route unless absolutely necessary. 

 

We're looking for advice. What do you guys think of it and also how would you suggest us to go about it? Is there any hope that we can be together? As it seems we have so many obstacles that just keep hindering us from ever being together. 

 

Thanks again for taking the time to read. Any and all comments are welcome.

[mytruelove18 607]

first thing his income is irrelevant for k1 visa.

the usc is who need to have income for support the beneficiary in a fiance visa.

i found this on internet i hope help:

''U.S. Immigration law states that “if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary’s foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day.” INA § 214.2(k)(2). Waivers such as these are rarely granted by the USCIS because so few couples have been able to meet the stringent requirement of extreme hardship. For instance, being incarcerated or an inability to travel due to parole or a court order does not necessarily reaches the level of extreme hardship for the petitioner. Nonetheless, each case is evaluated on a case by case basis.

Due to the fact that extreme hardship is generally interpreted by the USCIS to mean something very close to “physically impossible,” it is generally available only to people who are so disabled that they can’t fly at all. As for the latter waiver, very few people qualify for this exception and those that do often have a difficult time proving it to the government’s satisfaction that meeting would violate a cultural norm or societal custom. In light of the advent of online technology, social media and dating websites, meeting the two year meeting requirement may be more and more difficult to fulfill.

 

BEST OF LUCK