Appeal for K1

[aishamzawv 0]

I had applied for an K1 Visa application for my fiance who lives in Pakistan, which got denied on the basis that we hadn't met in the past two years. Although they accepted the reason that I did not go to meet her in Pakistan because of the state of terrorism and general sentiments towards the Americans there but they stated that either she could have come to US to meet me or that we could have met in a third country.

I have to appeal before 18th December 2012, in which I want to state that according to the religious and cultural norms my fiance can not come to meet me in US or in any other country un chaperoned and bringing a chaperone with her will result in financial hardship for her.

USCIS has had no problem accepting that we have had an online 11 years old relationship etc but this is the only point they have raised so far.

Any suggestions?

[Penguin_ie 5,986]

Your money, time and effort would be better spent meeting chaperoned, and/or in a save part of Pakistan than appeal. I only know of two cases where a meeting requirement was waived, and both had far stronger cases than you.

[VanessaTony 3,567]

You're better off meeting. You could meet at the airport with a chaperone and turn back around and leave. You could meet in a country nearby etc etc. Financial hardship is not a reason. its not cheap for me to fly to the US or to Australia, and I doubt it's cheap for anyone else. So "financial hardship" isn't a good reason... especially when YOU can help pay for it. You can't claim financial hardship for that because you need to prove you have the financial means to sponsor her.

Meet in person and re-file. I don't think it's worth the time and heartache any other way.

[aamirpearl 47]

Hi,

When you said financial hardship this is only for her , if you can provide her with the amount of money needed to travel and someone like a brother to accompany her on her trip to another neighboring country and meet each other that can be a possilbility. Let me tell you , i was once in your situation but im the female petitioner and going to pakistan was not a option for me either but we decided to meet each other somewhere esle to meet the qualifications of applying for fiance visa. Does she have any relative in another country that she can stay and meet with you. Wow 11 long years without meeting that is too long i cant imagine how hard it must have been for you guys not to be able to meet each other. But seems to me that in your situation her family must be strict, does her family know about you and her relationship??

Edited December 2, 2012 by @@mirpeArL

[reelss 4]

I agree with what others have said. Your time and money will be better spent in fulfilling the requirement than appealing the decision.

[Darnell 8,478]

go to pakistan. arrange a chaperone through her family.

Meet Her in a safe zone in Pakistan. Take many photos.

do it nowish.

then file a new I-129F with the proof of meeting.

<EOM>

Edited December 2, 2012 by Darnell

[aishamzawv 0]

Thank you very much everyone for your advice.

Another thing: If I go to Pakistan to meet her, would it be better if we get married there and I come back and apply for K3 instead of K1? Is the process time longer for K3? If so, how long?

[N-o-l-a 7,167]

Thank you very much everyone for your advice.

Another thing: If I go to Pakistan to meet her, would it be better if we get married there and I come back and apply for K3 instead of K1? Is the process time longer for K3? If so, how long?

You should file for the CR1 (I-130), not a K3. At the current rates of completion the CR1 is coming along a little quicker, but that could change. I'm not sure if there is any benefit to filing a K3 in Pakistan as it seems most of the delay is post interview in terms of AP.

It is completely a personal choice to do one or the other.

[reelss 4]

I would recommend the IR1/CR1 route vs K1 because of following reasons:

- I tend to think the success rate would be higher

- Its cheaper overall

- Less hectic (You have to get married within 90 days after POE for a K1)

Make sure to get lots of pictures to prove that you've had a complete marriage and fulfilled all the rituals, including rukhsati.

[sn530 27]

so let me get this right,

1. you have been in an online relationship with this girl for 11 years

2. Cant go to "Pakistan because of the state of terrorism and general sentiments towards the Americans " (I assume your not of Pakistan decent)

I also noted other members of the board brought up the financial aspects. I hope you realize having an 11 year relationship does not overlook many facts of life. In fact if you have actually had an 11 year relationship with this individual you would have learned a little bit about the culture and the people of Pakistan. Perhaps you need to watch a TV series aired by BBC called “George Ka Pakistan” It’s about a British guy whom was given a challenge to live in Pakistan and ultimately ended up immigrating to Pakistan. Regardless of what the media portrays Pakistan is not in a “state of Terrorism” if you would like to see “state of terrorism” take a walk through the ghettos of USA and you will fear for your life, even in the ghettos of Pakistan you will not have that same fear.

Anyways my intent of replying to your post is not to give you a difficult time but given the facts I hope you will consider taking a trip to Pakistan if you do really care for this individual and plan on a future together.

Another thing you might want to keep in mind that you will be required to show proof of financial ability to support an additional person. Your income will have to be over 21k a year to be able to do so. If you are making more than this there is a good possibility you should be able to finance a trip to Pakistan. Tax season is around the corner and Santa is about to come down the chimney next month perhaps you can wish to find a Airline ticket under the tree.

Good luck!