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Filed: AOS (pnd) Country: Morocco
Timeline
Posted

If you do apply for the waiver (which you could possibly get), your fiancee will actually have to apply for, and be denied, a visitor visa for the US and possibly Canada. They will want you to prove that you made every effort possible to meet without you flying before they approve the waiver. But in your situation, it's really worth a try. Good luck to you ^_^

do you have any desire to see your fiance before you get married in any way?i mean is it important for you?

It's not about his desire.. it's a requirement to apply for the K1 visa.. Applicant must have met the beneficiary in person within 2 years prior to the application date..

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

I think that the way to approach a visitors visa is be totally upfront about your travel issue. Write a letter of invitation and include the evidence that you can not go there, and state that the visa is to be used to meet to satisfy the 2 year requirement. Then if/when she gets denied you would include the evidence that they refused the visa that would allow you to meet this requirement and therefore you should be allowed the waiver . Are you able to travel by any means ? Could you meet by train, boat or ???

This will not be over quickly. You will not enjoy this.

Filed: Lift. Cond. (pnd) Country: Iran
Timeline
Posted

It's not about his desire.. it's a requirement to apply for the K1 visa.. Applicant must have met the beneficiary in person within 2 years prior to the application date..

the waiver is a possibility,but in the end,all of this makes you wonder,does he even wanna see who he is marrying before he does?i mean coming to the states on a tourist visa and getting married might be a fraud,but coming to the states with a tourist visa just to visit him wont be,correct?if i were you OP,i would be careful,NOT because your fiance could be a scamer,heavens no,but because of the special circumstances surrounding your case.

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted (edited)

Actually, my understanding is that this is the kind of case where the "meet in person" requirement could be lifted. If he can't get to her, and she can't get a tourist visa (which might be difficult to do), there is a chance they could get this lifted. OP, I don't want to get your hopes up (since the waiver IS really hard to come by), but this might be a case when it would.

That is not my understanding at all. It may be a reason for a waiver request. It may also be a reason for her to get a tourist visa and come HERE. You do not have to meet in HER country, you have to meet. If it is normally difficult to get a tourist visa in her country, your condition may make it easier for a tourist visa to be granted so you can meet and then apply for a K-1

I wouldn't even bother to ask for a K-1 waiver until you have at least TRIED to get her a tourist visa. How can you even think to ask for a waiver of meeting when you have no demonstrated attempt to meet?

waivers of meeting in person are difficult in the extreme to have granted.

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: K-1 Visa Country: Wales
Timeline
Posted

Two things before anything else:

She has to apply for a Tourist Visa.

He has to obtain evidence from his Consultant about the impossibility of travelling to see her.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Someone can correct me if I'm wrong, but if the fiancée has to answer whether she intends to marry a US citizen during her trip, I don't think it means "ever." Assuming the OP isn't planning to marry her during her trip, I don't see that question as an issue at all. The answer would be "no." I don't see that as fraud. Visiting a fiancé before you get married isn't a crime. If it was, I wouldn't be in Michigan as I type this!

Edited by JlovesA

Met: December 2009

Married: April 2015

Received CR-1 visa: February 2017

POE (as IR-1): April 2017

Oath ceremony: November 2020

Posted

Someone can correct me if I'm wrong, but if the fiancée has to answer whether she intends to marry a US citizen during her trip, I don't think it means "ever." Assuming the OP isn't planning to marry her during her trip, I don't see that question as an issue at all. The answer would be "no." I don't see that as fraud. Visiting a fiancé before you get married isn't a crime. If it was, I wouldn't be in Michigan as I type this!

You are correct.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

Before risking paralysis by flying to Indonesia, I really think you should consider contacting a lawyer--a good one--to see if you could get the waiver approved. If you have medical evidence of the dangers associated with you flying, you might get it to work. If you don't get the waiver, you could always fly over if you want to take the risk. If you've already been engaged for a year, a bit longer might not be too bad! Good luck--I hope you can find a solution :)

How about taking a cruise ship to a country where she can meet you. For example, for Filipina girls, the closest they can travel to the USA is Bermuda. I would cruise to Bermuda to see her triangle anytime.

Anyways, just a thought. We really suggest you try meeting her in a 3rd country, rather than focus your efforts on NOT trying to see her. USCIS just does NOT take kindly to, nor do they authorize with any reasonable chance, a K1 or other Visa without first meeting in person.

Good Luck! ?8^>

Sign-on-a-church-af.jpgLogic-af.jpgwwiao.gif

Posted

How about flying over to Singapore? They have the best airport in the world, Changi Airport. You don't even have to leave it. They have hotels, pools, movie theater, etc on the grounds and everyone speaks English. Spend a day or two there and fly direct back.

He stated prior, he is physically unable to fly, risking paralysis.

Also, all of these grand plans to meet don't address the fact that he is under the poverty line (aside from parents support). For most people, taking a $3000 cruise to another continent, or hiring an attorney, are not always options.

I think if you are as honest as possible, apply for a tourist visa and be up front about your situation. It seems very honest, and if she can claim ties to her home country, she shouldn't have a major issue in visiting. Otherwise, meeting somewhere else might have to be the only option. Somewhere that you can drive and she can fly without difficulty. For this case, a lawyer would be outrageous. A regular K-1 lawyer with no special circumstances costs between $1750 and 10,000. For special circumstances, it would cost a lot more. I would suggest trial and error for the time being, and have patience with the process. Go through the steps one by one and see how far you can get without taking extreme measures.

06-15?-2009: Starting talking on dating website
07-06-2009: Met in person in Roseville, CA
09-09-2010: Sent I-129f to TXS Lockbox
09-13-2010: NOA1 received
02-02-2011: NOA2 Notification Sent - Approved!!!
02-04-2011: NVC Received
02-09-2011: NVS sent to Vancouver consulate
02-14-2011: Received by Vancouver Consulate
02-15-2011: Packet 3 sent by Vancouver Consulate
02-18-2011: Packet 3 received
02-18-2011: Packet 3 sent back to consulate
02-19-2011: Interview date received!!! Letter on its way!
03-23-2011: Medical at Woking Clinic, Vancouver BC (AM)
03-23-2011: Interview at Vancouver Consulate (PM)
03-23-2011: APPROVED for K-1 Visa!!!! biggrin.png
04-27-2011: POE
05-03-2011: Sent AOS, AP applications
05-06-2011: NOA1 received for AOS and AP
05-06-2011: Applied for SSN. Application successful
05-09-2011: Received SSN by visiting local card center
05-10-2011: Biometrics appointment notice, June 1, 2011.
05-13-2011: Received SSN Card in Mail
06-01-2011: Biometrics appt. in Sacramento, CA
09-16-2011: EAD approved
09-26-2011: AOS Interview in Sacramento
09-26-2011: Green Card (2 yr conditional) granted

02-03-2013: Separated - Return to Canada

Posted

Hello, I hope that someone among you has some information to help me on my way.

My fiance and I have been pen-pals for about 3 years, and didn't see it as a romantic thing until about a year ago. We can provide emails and chats as evidence of our connection, but there is a problem.

It specifically asks that I prove we have met in the past 2 years, but I am physically disabled and unable to fly overseas. The Fiance Visa is the alternative - a method to allow Her to come Here for us to meet. So how do I go about an exemption for this? We have plenty of time face-to-face in video chat but I somehow doubt they will accept that as "in person."

Also, as a disabled person, my income is a bit below the 125% margin for the I-134, and I will have a family member joint-sponsor.

I know it requires the I-864, but does anyone know the filing process for this? Do I file that Before the I-129f is approved? After? And does it require other additions?

"The key to everything is patience. You get the chicken by hatching the egg, not by smashing it."

06/20/2009 - Met online ( I am from Philippines and he's from Wisconsin)

04/26/2010 - Met in Philippines (for 2 weeks)

05/08/2010 - Officially engaged!! ( He sent the engagement ring 09/24/2010 and he proposed to me on bended knee in Philippines with the second part of engagement ring) *melting*

06/18/2010 - I-129F package Sent

06/21/2010 - NOA1

06/24/2010 - Touched

09/23/2010 - Touched (when I contacted the Congressman's office)

11/15/2010 - Touched (hopefully the approval)

11/17/2010 - NOA2 (Received hard copy 11/22/2010)

12/01/2010 - Received a letter from DOS dated 11/29/2010 stating that the petition will be forwared to USE AD within a week and that I will received the packets very soon from embassy.

01/18/2011 - Interview. APPROVED!!! No words can express how happy i am.

01/25/2011 - VISA in hand! YAY!!!

02/20/2011 - POE Chicago (O'hare)

05/14/2011 - Our Wedding day

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Meeting face to face is one of the "biggies."

Petitioner would have to prove extreme hardship to get the meeting requirement waived. A certification by a physician that the Petitioner is not able to fly would be helpful. If it is just that the petitioner would be uncomfortable may not be enough. The petitioner does not have to travel to the beneficiary's home country. They could meet anywhere. Note that there is no mention of hardship to the beneficiary.

From the Foreign Affairs Manual:

9 FAM 41.81 N6.4 Petitioner and Beneficiary Must Have Met

(CT:VISA-1547; 09-27-2010)

USCIS regulations (8 CFR 214.2(k)(2)) require that the petitioner and the K-1 beneficiary have met in person within two years immediately preceding the filing of the petition. At the director's discretion, this requirement can be waived 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 beneficiary's foreign culture.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

I have tried a waiver on this case before when I first applied for K1 visa and IT FAILED! I provided medical reports and a letter from my physician that I couldnt fly but it didn't work! I have a heart disease (almost most case in US history) and I am a survivor. I never travelled outside the states before so everyone is conccerned. But I did anyway after the first K1 visa was denied. I risked my life flying to the other side of the world. What the Love can do huh? I am not suggesting you to do the same just do what you think is good and possible for both of you.

According to USCIS decision, they does not mandate that the petitioner must travel to meet the beneficiary. The requirement simply states that the parties "shall establish" that they have personally met in person during the requirement period. The petitioner, who applies for benefits on the behalf of the befeciary, must meet the requirements under the section 214(d) of the Immigration and National Act.

I suggest that you should meet anywhere like Canada but I understand it will be costly too. I hope everything will work out soon. Goodluck and Godbless! :thumbs:

"The key to everything is patience. You get the chicken by hatching the egg, not by smashing it."

06/20/2009 - Met online ( I am from Philippines and he's from Wisconsin)

04/26/2010 - Met in Philippines (for 2 weeks)

05/08/2010 - Officially engaged!! ( He sent the engagement ring 09/24/2010 and he proposed to me on bended knee in Philippines with the second part of engagement ring) *melting*

06/18/2010 - I-129F package Sent

06/21/2010 - NOA1

06/24/2010 - Touched

09/23/2010 - Touched (when I contacted the Congressman's office)

11/15/2010 - Touched (hopefully the approval)

11/17/2010 - NOA2 (Received hard copy 11/22/2010)

12/01/2010 - Received a letter from DOS dated 11/29/2010 stating that the petition will be forwared to USE AD within a week and that I will received the packets very soon from embassy.

01/18/2011 - Interview. APPROVED!!! No words can express how happy i am.

01/25/2011 - VISA in hand! YAY!!!

02/20/2011 - POE Chicago (O'hare)

05/14/2011 - Our Wedding day

Posted (edited)

Meeting face to face is one of the "biggies."

Petitioner would have to prove extreme hardship to get the meeting requirement waived. A certification by a physician that the Petitioner is not able to fly would be helpful. If it is just that the petitioner would be uncomfortable may not be enough. The petitioner does not have to travel to the beneficiary's home country. They could meet anywhere. Note that there is no mention of hardship to the beneficiary.

From the Foreign Affairs Manual:

9 FAM 41.81 N6.4 Petitioner and Beneficiary Must Have Met

(CT:VISA-1547; 09-27-2010)

USCIS regulations (8 CFR 214.2(k)(2)) require that the petitioner and the K-1 beneficiary have met in person within two years immediately preceding the filing of the petition. At the director's discretion, this requirement can be waived 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 beneficiary's foreign culture.

The underlined options above didn't work for me. It is impossible to waive. I even provided a medical reports and a certification from my physician.

Edited by SimplyMacy

"The key to everything is patience. You get the chicken by hatching the egg, not by smashing it."

06/20/2009 - Met online ( I am from Philippines and he's from Wisconsin)

04/26/2010 - Met in Philippines (for 2 weeks)

05/08/2010 - Officially engaged!! ( He sent the engagement ring 09/24/2010 and he proposed to me on bended knee in Philippines with the second part of engagement ring) *melting*

06/18/2010 - I-129F package Sent

06/21/2010 - NOA1

06/24/2010 - Touched

09/23/2010 - Touched (when I contacted the Congressman's office)

11/15/2010 - Touched (hopefully the approval)

11/17/2010 - NOA2 (Received hard copy 11/22/2010)

12/01/2010 - Received a letter from DOS dated 11/29/2010 stating that the petition will be forwared to USE AD within a week and that I will received the packets very soon from embassy.

01/18/2011 - Interview. APPROVED!!! No words can express how happy i am.

01/25/2011 - VISA in hand! YAY!!!

02/20/2011 - POE Chicago (O'hare)

05/14/2011 - Our Wedding day

 
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