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Filed: Country: Mexico
Timeline
Posted

hi there..I am new, please bear with me! :)

My situation is this- I live in the states, my fiance lives in Mexico. We had planned on meeting in person, but are reviewing all our options. I have had some phyical issues with my back (well documented medically, along with permanent restrictions from my doctor) that would make me traveling to Mexico extremely difficult, if not impossible. We had planned for him to come here on a tourist visa- but the reality is we want him to come her permanently. I am trying to find the best way to accomplish this, and had come across the K-1 visa. We don't want to defraud anyone, as with the tourist visa you have to proove your intent to NOT stay here...and that is our ultimate goal- to be together here permanently. Since I recently had some complications with my health, it became even more clear how hard it is not having him here- the worry alone on his part was hell.

So to get to my point- has anyone here obtained a visa, or had experience getting the K-1 visa without having met each other in person within the last 2 years bit? used the "extreme hardship" waiver thing? Does this mean that realistically I have to find someway to survive the plane trip and go there first? Any help here would be awesome. oh, and we have tons of proof of ongoing relationship- phone records, online records EVERYDAY, etc. We love each other so much, and just want to be together. I am just not sure how to handle the personal meeting bit, not to mention it will be almost worse to have him here, and send him back. T_T

thank you!

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Posted

I can't help on the waiver part of it... but he can come over on the visitor visa AS LONG AS he plans to return to Mexico for the time being (not permanently). It only becomes fraudulent if he uses the visitor visa intending to marry you and immediately adjust status, without ever returning to Mexico. But visiting you, filing for a K1 or K3, returning to Mexico before his tourist visa expires, going through the visa process, and returning to the States to live here permanently is okay to do. :)

So I don't know about the waiver part of your question, someone more knowledgeable than I will come along. But if you choose to go the route of meeting in person to fulfill the requirement, try the route of getting him a visitor visa so he can come and visit you for a week or something.

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

Posted

I'd definitely suggest talking to a good immigration lawyer.

One question though: why in the world would you want to marry someone you've never even met? I know it's possible to think you're in love with someone you met online... but there's so much more to a relationship than words. There are all the nonverbal things, and a little something called "chemistry" that also comes into play.

Airlines can be very accomodating to persons with physical impairments as well. You can arrange for them to drive you in the little golf cart things to your gate, and you can pre-board so you don't have to wait in a huge line for everyone in front of you to get setted. You're asking him to give up everything he knows: his family, his culture, his way of life just to be with you. It isn't too much to ask you to go visit him just once?

Filed: Other Country: Morocco
Timeline
Posted
There is a 99% failure rate for the waiver of meeting.

Maybe Aussie Wench or someone more familiar with the site will come along and post the link, but perhaps you can do a search on waivers and find it as well. She posted a link to look at waiver applications, their outcome and explanation. Very informative I think. There are very few waivers that get approved. Best bet is to suck it up and go, or have him apply for a tourirst visa showing plenty of ties to his country and intent to return, and then make sure he does!!

Maggie

08-07-06 I129 NOA1

02-05-07 Visa in Hand

02-13-07 POE JFK w/temp EAD

02-23-07 Civil Marriage

06-17-07 Wedding

08-13-07 Card received in mail

04-14-09 Trip to Maui for Anniversary

06-04-09 Filed to lift conditions

08-13-09 Perm Card received

Filed: Other Timeline
Posted
There is a 99% failure rate for the waiver of meeting.

Maybe Aussie Wench or someone more familiar with the site will come along and post the link, but perhaps you can do a search on waivers and find it as well. She posted a link to look at waiver applications, their outcome and explanation. Very informative I think. There are very few waivers that get approved. Best bet is to suck it up and go, or have him apply for a tourirst visa showing plenty of ties to his country and intent to return, and then make sure he does!!

maggie, I'm sort of familiar with this site in case you were wondering.

This topic has been discussed ad naseum before and the statistic is verifiable.

Posted
There is a 99% failure rate for the waiver of meeting.

Maybe Aussie Wench or someone more familiar with the site will come along and post the link, but perhaps you can do a search on waivers and find it as well. She posted a link to look at waiver applications, their outcome and explanation. Very informative I think. There are very few waivers that get approved. Best bet is to suck it up and go, or have him apply for a tourirst visa showing plenty of ties to his country and intent to return, and then make sure he does!!

maggie, I'm sort of familiar with this site in case you were wondering.

This topic has been discussed ad naseum before and the statistic is verifiable.

I sort of read that as her saying someone more familiar than she is? but eh, either way.

Filed: Other Country: Morocco
Timeline
Posted
There is a 99% failure rate for the waiver of meeting.

Maybe Aussie Wench or someone more familiar with the site will come along and post the link, but perhaps you can do a search on waivers and find it as well. She posted a link to look at waiver applications, their outcome and explanation. Very informative I think. There are very few waivers that get approved. Best bet is to suck it up and go, or have him apply for a tourirst visa showing plenty of ties to his country and intent to return, and then make sure he does!!

maggie, I'm sort of familiar with this site in case you were wondering.

This topic has been discussed ad naseum before and the statistic is verifiable.

I sort of read that as her saying someone more familiar than she is? but eh, either way.

Correct. I remember seeing the post and link, but since I am not trying to get a waiver I did not pay much attention to it. My point was that maybe someone who is more familiar with where things are located on this site can point the OP to the appropriate place. I'm mostly a MENA girl and have just recently started to venture out to other forums.

Maggie

08-07-06 I129 NOA1

02-05-07 Visa in Hand

02-13-07 POE JFK w/temp EAD

02-23-07 Civil Marriage

06-17-07 Wedding

08-13-07 Card received in mail

04-14-09 Trip to Maui for Anniversary

06-04-09 Filed to lift conditions

08-13-09 Perm Card received

Filed: Timeline
Posted
hi there..I am new, please bear with me! :)

My situation is this- I live in the states, my fiance lives in Mexico. We had planned on meeting in person, but are reviewing all our options. I have had some phyical issues with my back (well documented medically, along with permanent restrictions from my doctor) that would make me traveling to Mexico extremely difficult, if not impossible. We had planned for him to come here on a tourist visa- but the reality is we want him to come her permanently. I am trying to find the best way to accomplish this, and had come across the K-1 visa. We don't want to defraud anyone, as with the tourist visa you have to proove your intent to NOT stay here...and that is our ultimate goal- to be together here permanently. Since I recently had some complications with my health, it became even more clear how hard it is not having him here- the worry alone on his part was hell.

So to get to my point- has anyone here obtained a visa, or had experience getting the K-1 visa without having met each other in person within the last 2 years bit? used the "extreme hardship" waiver thing? Does this mean that realistically I have to find someway to survive the plane trip and go there first? Any help here would be awesome. oh, and we have tons of proof of ongoing relationship- phone records, online records EVERYDAY, etc. We love each other so much, and just want to be together. I am just not sure how to handle the personal meeting bit, not to mention it will be almost worse to have him here, and send him back. T_T

thank you!

Without discounting your apparent physical impairment, waiving the personal meeting requirement is more often done for parties for whom meeting is either impossible (for both, such as one being impaired such that travel is not possible and the other hailing from a region in the world where tourist visas are near impossible to secure) or for parties whose religious and cultural beliefs would be severely compromised by a personal meeting. Frankly, to virtually 99% of the states in the USA, a visit to Mexico does not require airline travel. While it could be a protracted travel experience, and although you do not suggest, perhaps lengthy time on the road would bring about similar discomfort, unless your physical handicap precludes rail or auto travel, I'd doubt it would be easy to get approval, and especially if your fiancé has no such impairment.

I'd recommend a consult with an immigration attorney to review your medical records to see if there's a chance it would be approved, but I sense it might be an uphill battle.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Country: Mexico
Timeline
Posted
I'd definitely suggest talking to a good immigration lawyer.

One question though: why in the world would you want to marry someone you've never even met? I know it's possible to think you're in love with someone you met online... but there's so much more to a relationship than words. There are all the nonverbal things, and a little something called "chemistry" that also comes into play.

Airlines can be very accomodating to persons with physical impairments as well. You can arrange for them to drive you in the little golf cart things to your gate, and you can pre-board so you don't have to wait in a huge line for everyone in front of you to get setted. You're asking him to give up everything he knows: his family, his culture, his way of life just to be with you. It isn't too much to ask you to go visit him just once?

I didn't feel like going into the whole long personal story, or what other things have factored into our thoughts on this. And I would not be marrying someone I never met- when you are at the visa website, it looks like this is a simpler visa for what we intend, and that you can't file for tourist visa if you intend to stay permenently eventually, so the thought is you have to get this kind. We would be meeting in person before marrying. The visa is not a binding contract to marry- to the contrary, it just means if you want to stay here, you have to get married in 90 days. Obviously, he is free to return to mexico at any time, he is not a prisoner here, nor just because he was here, would we HAVE to get married, either on of us could decide to wait, and not do that, or have him return to Mexico etc.

My question simply was on the waiver bit, and can he come here first to visit on a tourist visa even if we plan to be together permanently. I have had some reent complications with my health issues that really make it beyond not a good idea for me to travel that far. It is not the walking, or riding in a cart- it is the sitting on the plane for hours and hours. Not to mention because of where I live, even getting to the airport. At this point, I found this website in doing some searches online, looking at different options, and just had the question, as I am well aware that what the government SAYS, vs. what they DO can be 2 entirely different things LOL.

Filed: Country: Mexico
Timeline
Posted

posted before seeing the other post- yes, I am on the east coast...it would be air or if I tried to get there via land, even worse for me. I cannot sit for more than 20 minutes at a time. Don't feel like going into my long medical history or issues..but my impairments are extremely well documented (but for a different reason). Just trying to figure out the best course so we can be together and not mess up our chances at being together permanently. thank you for your input.

Posted
My question simply was on the waiver bit, and can he come here first to visit on a tourist visa even if we plan to be together permanently.

Like I said before, I dunno about the waiver bit, but about the tourist visa yes - he can visit you, as long as he goes back to Mexico before his visitor visa expires. It would only be fraud if he got the visitor visa intending to marry you and adjust status and never leave the States... but it's fine for him to use the visitor visa intending to leave the country before it expires and come back to the States eventually on a K1 or K3 visa as your fiance or husband to live here permanently.

Short answer - yes, get him that visitor visa and spend some time together, it's not fraud as long as he leaves before the visitor visa expires! :D

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

Noooo. You can get a tourist visa if you aren't planning on staying indefinitely THAT visit. As was previously stated he would need to demonstrate significant ties to Mexico..job, home, etc

Dern it Angilla, type slower!

Edited by Thingee

-12/15/06 Mailed off I-129F

-12/19/06 NOA1 via email

-01/05/07 NOA2 via email

-01/13/07 NVC notice via snail mail

-01/25/07 Packet 3 arrives.

-02/22/07 Packet 3 is mailed.

-03/02/07 Medical

-03/13/07 Packet 4 arrives.

-03/16-24/07 Honey visits.

-04/02/07 Interview(Approved)

-04/10/07 Visa arrives.

Filed: K-1 Visa Country: Canada
Timeline
Posted
LOL thank you both. we will do that then, and cry and cry when he goes back. *sigh*

That solution would most likely be your best bet.

And, you are NOT alone in the crying and crying when he goes back part..... almost every single VJ member knows exactly what you are talking about. It's all part of wanting to marry someone from another country, other than the U.S.

Good luck to you.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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