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Scottmn

I am a disabled US man, is a wavier possible?

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Filed: Timeline

Hello, I am a divorced, disable US gentleman. I'm curious what the odds are of applying for a wavier to the K1 two year meeting requirement. I would like to marry a Filipino woman.. but the 22-26 hour flight would cause pain and distress.

I imagine if it's possible to get a waiver an attorney would be needed?

Any thoughts or insights would be appreciated.

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Has she tried to get a tourist visa to the US? SHe will probably have to try and fail a few times before the waiver might even be considered. How about meeting in a third country, Mexico?


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

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5/23/12: Sent out package
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Filed: K-1 Visa Country: Wales
Timeline

Another vote for meeting where you are more comfortable travelling.


“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.”

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

You would need to prove that it is dangerous for your to travel to meet, not simply uncomfortable. Also, as stated previously, there are many places that you can meet besides the Philippines.

Another thing to consider is how the relationship would be judged. Are you seeking a spouse or a caregiver?


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Filed: AOS (apr) Country: Denmark
Timeline

One thing is not being able to travel yourself. Extreme hardship is dificult to prove if your fiancee hasn't tried to get a tourist visa. Even though her chances are slim, then it still will lack proof of having at least tried e-v-e-r-y-t-h-i-n-g in your and her power to meet. Meeting in a 3rd country is also a possibility, to eliminate some hours of traveling.

Traveling by plane is not the only solution. I am sorry about your situation but on VJ, most members view your question as if it had been a part of a petition. There are 3 basic requirements for the initial petition for you to be eligible to petition in the first place, and none of those requirements are easily waived. If you try to waive that requirement, you better be prepared to prove why neither of you can travel.

You can try to search for keywords on VJ such as "hardship waiver approved meeting" and see if anything comes up.

Edited by moomin

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Filed: Citizen (apr) Country: Nigeria
Timeline

They don't want a simple that it is unconfortable to travel, what about first class ? What about a cruise ? They want I am tied to a bed and machines and can't be moved.


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

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Filed: K-1 Visa Country: Philippines
Timeline

The problem he's going to face getting her to him is that Philippine citizens have very limited options in visa free travel. Outside of Asia, there are only a handful of spots.

Here's an article on where Pinoys can travel visa free. It's almost a year old and everything may not be current anymore.

http://www.gmanetwork.com/news/story/244922/pinoyabroad/pinoys-can-visit-at-least-25-countries-without-visas-dfa

Not knowing the extent of the OP's disability, if short air hops are acceptable, there is always the possibility of leap frogging almost anywhere with short flights and long layovers. It will be pricey though.

Speaking of pricey...if first class is doable, Korean Air has a new kind of seat that is essentially a bed in a box.

Edited by Jim-Michelle

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Filed: AOS (apr) Country: Russia
Timeline

Hello, I am a divorced, disable US gentleman. I'm curious what the odds are of applying for a wavier to the K1 two year meeting requirement. I would like to marry a Filipino woman.. but the 22-26 hour flight would cause pain and distress.

I imagine if it's possible to get a waiver an attorney would be needed?

Any thoughts or insights would be appreciated.

You could travel by ship....or you two could meet somewhere else in between (Mexico?) or she could maybe obtain a visitor visa and meet you here.....all these options should be vetted out before you would even remotely qualify for a waiver. A doctor's statement to your condition would be warranted.

An attorney will only take your money; they can not do anything differently than you could on your own.

And even if you get a waiver, your fiance still needs to convince the CO at the Manila Embassy that you two have a legitimate relationship (the waiver does not automatically eliminate the need to show legitimacy of the relationship).

How can you prove that you have a legitimate relationship and intend to marry and stay married if you never met in person?


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Timeline

While I've heard of a waiver for the 2 year meeting requirement under certain circumstances, I have never heard of a waiver for a meeting requirement. Have you two ever met in person?

I sincerely doubt she'll be able to prove a real, legitimate relationship to the embassy in Manila if you have never met.

If she cannot get a tourist visa to the US, I would consider a meeting in Mexico. Getting a visa to Canada may be just as difficult as to the US.

Edited by jaejayC

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Filed: Timeline

You might try http://immigrate2us.net/forum/content.php. They specialize in hardship cases.

Here is a link to the USCIS appeals page for legal precedents. A little light reading for you. :hehe:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2c29c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=f2c29c7755cb9010VgnVCM10000045f3d6a1RCRD

Here is a pertinent link. You will want to the end of that thread for additional information.

http://www.visajourney.com/forums/topic/33474-hardship-for-meeting-within-2-years/page__view__findpost__p__464139

Welcome to VJ. :)


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They don't want a simple that it is unconfortable to travel, what about first class ? What about a cruise ? They want I am tied to a bed and machines and can't be moved.

And even that, the only one I have ever heard of in that condition, had a fiancee who tried, and failed, multiple times to get a visitors visa.


I can explain it to you. But I can't understand it for you.

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