Waiver for meeting...

[txgirl 1]

I haven't found much on this topic, so I thought I'd start a new thread to ask.

My SO lives in Afghanistan, working with the US military. He is Muslim. He served with my brother and we met off his Facebook. For obvious reasons, I cannot travel to his country for a fun-filled vacation. I'm also a single mom, with a tight budget, so travel to far-off lands isn't totally an option either. Because of his religion, we aren't really allowed to date, so 2 years of trips and stuff doesn't fit with his beliefs. We would like to meet and get married very soon after. I know there is a waiver for religion or circumstance, how often are these issued? I have plans to meet his state-side family in a few months and to have them and my family meet soon after that. Hopefully all of them will write letters we can submit that say they approve of our relationship and wish us to marry. My question is, do you know of anyone that successfully got a waiver? How did they get it? How can we meet? If he gets a visitor visa and can get into the US, will they kick him out if we get married during that time? I do want to spend some time (a few days or a week at least) of getting to know him in person so we can make sure we really want this, but I don't want to spend 2 years going back and forth just to prove what we will be able to know in a shorter amount of time.

Thanks for any input!

[Boiler 43,401]

There is no requirement to date, there is a requirement to meet.

The more often you can meet, the more trips etc, the better your chances of success.

There are very very few situations where this exception applies, certainly him being Muslim does not prevent you from meeting.

You can meet anywhere that is practical and convenient.

Edited August 13, 2012 by Boiler

[~PalmTreeGurl~ 154]

Many of the women on here have spouses that are muslim. Many of the women took trips to their hubbys home country or even to a different country to meet up and spend time with them. He'd have to meet you to marry you & I think it would be hard or rare for him just to get a waiver to come over here....

[RFQ 110]

Firstly, do any of these apply? Special Immigrant Visa for Afghani... or Visas for Afghani Interpreter ?

Second- for our situation we obtained a visitor visa so he could come visit me. We met in public places for the first couple days and traveled with a chaperone. After that we were married and he returned home to Egypt. His tourist visa allowed for up to 6 months for 1 visit with the possibility of visiting as often as he pleased for 5 years. I am a single mother of two so I knew he would need to travel to meet me while we waited out the long haul for immigration. He stayed for 2 months this summer.

[txgirl 1]

RFQ, yes, he has applied for one of those, but since they only issue something like 50 of them a year, we aren't sure he will get one. I wanted to find out as much information as I could on fiance or spouse visas just in case he does not get a special one and we have to find alternative avenues. I did talk to a lawyer and he says there is no getting around meeting each other at least once, that is only for religions that don't allow you to meet at all. Having him come on a visitor visa and hang out with a chaperone is a great idea. I will look into what a "multi-visit tourist visa" entails and maybe that is another option. Thank you!

[SaharaSunset 165]

If he gets a visitor visa and can get into the US, will they kick him out if we get married during that time? I do want to spend some time (a few days or a week at least) of getting to know him in person so we can make sure we really want this, but I don't want to spend 2 years going back and forth just to prove what we will be able to know in a shorter amount of time.

Thanks for any input!

They won't kick him out...but if could make some serious problems for your status and future visas. I actually asked the same question to my lawyer about my fiance coming on a tourist visa and then we get married. She told us NOT to do that under any circumstances because then we'd be at risk for Immigration considering that as visa fraud and he could be banned for 3-10 years. It looks like some people do it and survive...but I would be careful. We filed a K-1 Fiance Visa in end of March 2011, and by October 2011 my (now)husband was here in the states....so only like 8 months. We chose that option because it seemed like the best, and fastest route for us to be together. We now are married and in the AOS (adjustment of status) process which is dragging on, but at least we're together.

As for spending time together, you could also maybe meet in a "Halfway" country. Find out if there any countries he can travel too without a visa - or at least ones where it would be fast and easy to get one. Maybe Turkey? Then you could meet up there. But that's just another option if its taking to long to get a visitor visa for him to the US. Just start holding on to all evidence of interaction now, it will make it easier in the future. Good Luck!

Edited August 14, 2012 by SaharaSunset

[txgirl 1]

Thank you SaharaSunset! Yes, we want to make sure we do everything legally and all i's dotted and t's crossed so no one gets kicked out of anything. Lol. I am checking countries we can both easily visit but we may try for a visitor visa to America if all else fails or proves to be too expensive. Then we will meet in person and have that as proof for a later fiance visa since we don't want suspicion of fraud.

[Boiler 43,401]

He applies for a Visitor Visa, which in the circumstances could be challenging.

Certainly not a given that you seem to imply.

[Crossed_fingers 128]

Just to be clear, the standard requirement for a K-1 is that the couple has met one time at some point within the last 2 years, not that they have two years' worth of meeting.

[txgirl 1]

@Boiler, getting a visitor visa shouldn't be that difficult. He has some family here and a job still in Afghanistan, proof for a reason to visit and proof he has to go back. All he can do is apply. Worst they can say is "no."

[Boiler 43,401]

All he can do is apply. Worst they can say is "no."

True

[RFQ 110]

They won't kick him out...but if could make some serious problems for your status and future visas. I actually asked the same question to my lawyer about my fiance coming on a tourist visa and then we get married. She told us NOT to do that under any circumstances because then we'd be at risk for Immigration considering that as visa fraud and he could be banned for 3-10 years. It looks like some people do it and survive...but I would be careful. We filed a K-1 Fiance Visa in end of March 2011, and by October 2011 my (now)husband was here in the states....so only like 8 months. We chose that option because it seemed like the best, and fastest route for us to be together. We now are married and in the AOS (adjustment of status) process which is dragging on, but at least we're together.

As for spending time together, you could also maybe meet in a "Halfway" country. Find out if there any countries he can travel too without a visa - or at least ones where it would be fast and easy to get one. Maybe Turkey? Then you could meet up there. But that's just another option if its taking to long to get a visitor visa for him to the US. Just start holding on to all evidence of interaction now, it will make it easier in the future. Good Luck!

Are you sure you didn't misunderstand? As far as everything goes that I have ever seen and read, there is nothing illegal about getting married on a visitor visa. The illegal part is if you do so with intent of having the non-citizen stay in the US, and attempt to file an adjustment of status, or if one was to lie in the application process for the visa.

Edited August 14, 2012 by RFQ

[SaharaSunset 165]

Are you sure you didn't misunderstand? As far as everything goes that I have ever seen and read, there is nothing illegal about getting married on a visitor visa. The illegal part is if you do so with intent of having the non-citizen stay in the US, and attempt to file an adjustment of status, or if one was to lie in the application process for the visa.

Well, technically if you obtain a "tourist visa" with the pure intent of getting married, then it is "misrepresenting" your reason for coming to the US, and it is technically "fraud". If just going the tourist visa route was that was the correct process, then the K-1 Finace visa wouldn't exist...because a tourist visa is WAY easier to get than a K-1. Now that being said, obviously (as it appears you are an example of) plenty of people get married while on a tourist visa and it works out okay. But again, its not technically supposed to be "pre-meditated," and I think the system is in place for people who came as a tourist, and then just in the "heat of moment" decided to get married. Honestly I don't know how smoothly the process goes after that, and again, from what I see here on Visa Journey, plenty of people do it. But I think our lawyer was just playing it safe, wanting us to do everything by the book, so we didn't encounter any road bumps, and so that we could minimize the time we'd have to be apart.

Edited August 15, 2012 by SaharaSunset

[Boiler 43,401]

Well, technically if you obtain a "tourist visa" with the pure intent of getting married, then it is "misrepresenting" your reason for coming to the US, and it is technically "fraud". If just going the tourist visa route was that was the correct process, then the K-1 Finace visa wouldn't exist...because a tourist visa is WAY easier to get than a K-1. Now that being said, obviously (as it appears you are an example of) plenty of people get married while on a tourist visa and it works out okay. But again, its not technically supposed to be "pre-meditated," and I think the system is in place for people who came as a tourist, and then just in the "heat of moment" decided to get married. Honestly I don't know how smoothly the process goes after that, and again, from what I see here on Visa Journey, plenty of people do it. But I think our lawyer was just playing it safe, wanting us to do everything by the book, so we didn't encounter any road bumps, and so that we could minimize the time we'd have to be apart.

Nothing wrong with Marrying on a Tourist Visa, and leaving.

[sandinista! 1,816]

i've seen it come up in a couple of comments now-did i miss when it suddenly became an easy, no big deal for the average, single, under age 65 MENA guy to get a tourist visa here? or an afghan? i was under the impression that in these here parts, they were still pretty much as rare as unicorns.