K-1 Visa: New here and lost at this process

[Pixietink7276 0]

I want to get my fiancee over to the US. I have been dating him online for 9 months. I was married but separated when we decided to go from friendship to dating. I fell in love when we were still just friends, before we even started dating. Anyways, My husband got very sick and I cared for him until he passed away in March, 2014. I have a part time job and 2 children and attend college. We have not met in person because my children cannot travel out of the US due to custody agreements and also because they have mental/emotional issues they are receiving treatment weekly for. Also, I do not meet the 100% or the 125% poverty line. I do however have 3 vehicles, own a home, and have 25k in the bank (which I will be using to pay for the visa process and plane ticket if approved!). My fiancee has work experience as a carpenter and an IT degree so work should be easy for him to find once he is legally able to seek employment. Another snag I am worried about is, in my past, an ex boyfriend had abused his child while I was living with him therefore I was brought to court with him in his case which his children and mine were found to be dependent and neglect. There were no sentences and only had to work with social services which ended as soon as I was able to move out of his home with my children. Then last year, my teenage son was unruly and ended up having social services involved which was taken to court. It was not a case of actual dependent/neglect involving child abuse or neglect, it was for the reason of :The child has run away, from home or is beyond the control of the parent or guardian. The outcome was working with social services and getting my son help. The case was dropped after a complete turn around for my son after treatment. I want my fiancee to be with me and my children very badly but am unsure if I would be able to qualify to petition and sponsor him for the K-1 visa. Any advice and feedback is greatly appreciated.

[lilsadie 50]

I dont have any advice re the charges and kids but you cannot apply for you boyfriend until you meet. There are no exceptions to this rule. Is he able to travel to meet you? Also you will require a co sponsor in order to get him here. Assets do not count from my knowledge. Sounds like you might need attorney advice re the rest? Good luck!

[Pixietink7276 0]

the application says that we must have met or be able to show extreme hardship on the us citizen as a reason to not have met

[Pixietink7276 0]

You may file this petition if you are a U.S. citizen and:

a.

Intend to marry within 90 days of your fiancé's admission to United States and you are both free to marry;

b.

Have met in person within 2 years before filing this petition, unless you establish that either:

(1)

The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or

your fiancé(e)'s foreign culture or social practice; or

(2)

The requirement to meet your fiancé(e) in person would result in extreme hardship to you

Edited June 27, 2014 by Pixietink7276

[Girl from Celebes 588]

the application says that we must have met or be able to show extreme hardship on the us citizen as a reason to not have met

If the extreme hardship you endure like you have mentioned on your first post, sorry to be a bearer bad news for you. You are not qualify.

[Zedayn 485]

The extreme hardship waiver is very hard to get, the advice you have been given is true: you need to meet in person first before you can file.

In your case, you yourself are physically able to travel. Uscis doesnt care about your lack of money or who will watch the kids, etc. The most recent case I saw where the hardship waiver was granted, the US petitioner was medically unable to travel. Your case does not demonstrate extreme hardship.

Anyways, can your fiance come there to visit you? You have to meet in person, and it does not matter where. You can meet in his country, the US, or any other country.

About your assets, usually its up to the embassy if they will accept it or not. The general rule is you need 3 times the difference you are short of the poverty line. If you can use assets, then you can use the value of your second and third car but not the first, you can also use the net value of your home.

I hope this helps and good luck to you.

[Hank_ 9,174]

I want to get my fiancee over to the US. I have been dating him online for 9 months. I was married but separated when we decided to go from friendship to dating. I fell in love when we were still just friends, before we even started dating. Anyways, My husband got very sick and I cared for him until he passed away in March, 2014. I have a part time job and 2 children and attend college. We have not met in person because my children cannot travel out of the US due to custody agreements and also because they have mental/emotional issues they are receiving treatment weekly for. Also, I do not meet the 100% or the 125% poverty line. I do however have 3 vehicles, own a home, and have 25k in the bank (which I will be using to pay for the visa process and plane ticket if approved!). My fiancee has work experience as a carpenter and an IT degree so work should be easy for him to find once he is legally able to seek employment. Another snag I am worried about is, in my past, an ex boyfriend had abused his child while I was living with him therefore I was brought to court with him in his case which his children and mine were found to be dependent and neglect. There were no sentences and only had to work with social services which ended as soon as I was able to move out of his home with my children. Then last year, my teenage son was unruly and ended up having social services involved which was taken to court. It was not a case of actual dependent/neglect involving child abuse or neglect, it was for the reason of :The child has run away, from home or is beyond the control of the parent or guardian. The outcome was working with social services and getting my son help. The case was dropped after a complete turn around for my son after treatment. I want my fiancee to be with me and my children very badly but am unsure if I would be able to qualify to petition and sponsor him for the K-1 visa. Any advice and feedback is greatly appreciated.

You need to meet in person, you don't have "cause" not to. You do not meet the income requirements, and the embassy doesn't look too closely at assets, they want to see the required income.

Advice: IF you have someone who would be a (qualified) co-sponsor then - Get someone to care for your children, fly to the Phils, get MARRIED and apply for the IR/CR-1 spousal visa, the embassy has to accept a co-sponsor with this visa.

Edited June 27, 2014 by Hank_

[Hank_ 9,174]

The extreme hardship waiver is very hard to get, the advice you have been given is true: you need to meet in person first before you can file.

In your case, you yourself are physically able to travel. Uscis doesnt care about your lack of money or who will watch the kids, etc. The most recent case I saw where the hardship waiver was granted, the US petitioner was medically unable to travel. Your case does not demonstrate extreme hardship.

Anyways, can your fiance come there to visit you? You have to meet in person, and it does not matter where. You can meet in his country, the US, or any other country.

About your assets, usually its up to the embassy if they will accept it or not. The general rule is you need 3 times the difference you are short of the poverty line. If you can use assets, then you can use the value of your second and third car but not the first, you can also use the net value of your home.

I hope this helps and good luck to you.

Rule for USEM is 5 TIMES the assets, but sadly USEM does not give assets much consideration - I know of some who were required to get a co-sponsor even though the USC had large assets.

[dwheels76 5,468]

I want to get my fiancee over to the US. I have been dating him online for 9 months. I was married but separated when we decided to go from friendship to dating. I fell in love when we were still just friends, before we even started dating. Anyways, My husband got very sick and I cared for him until he passed away in March, 2014. I have a part time job and 2 children and attend college. We have not met in person because my children cannot travel out of the US due to custody agreements and also because they have mental/emotional issues they are receiving treatment weekly for. Also, I do not meet the 100% or the 125% poverty line. I do however have 3 vehicles, own a home, and have 25k in the bank (which I will be using to pay for the visa process and plane ticket if approved!). My fiancee has work experience as a carpenter and an IT degree so work should be easy for him to find once he is legally able to seek employment. Another snag I am worried about is, in my past, an ex boyfriend had abused his child while I was living with him therefore I was brought to court with him in his case which his children and mine were found to be dependent and neglect. There were no sentences and only had to work with social services which ended as soon as I was able to move out of his home with my children. Then last year, my teenage son was unruly and ended up having social services involved which was taken to court. It was not a case of actual dependent/neglect involving child abuse or neglect, it was for the reason of :The child has run away, from home or is beyond the control of the parent or guardian. The outcome was working with social services and getting my son help. The case was dropped after a complete turn around for my son after treatment. I want my fiancee to be with me and my children very badly but am unsure if I would be able to qualify to petition and sponsor him for the K-1 visa. Any advice and feedback is greatly appreciated.

I am sorry for your loss of husband.

You have a few red flags you should consider.

1. You say your husband just dies 3 months ago and now you want to petition someone who meet while still married and who you never have meet. Very risky.

2. You can try and seek a waiver to "not meet" its very hard but not impossible. Considering you are able body (I would gather) to travel and meet him it will be hard to consider.

A CO may look at this as why are you rushing so fast. So you may want to sit back and consider some things go to him and meet and progress from there.

As it stands now you don't qualify because you haven;t meet. If you want to file without meeting and writing up a letter of waiver on why you can;t meet that's on you. You may get denied than you have to than meet and start all over again.

[Faycel and Renee 30]

Ok so let me get this right.

You were married but separated and have been in a online relationship for 9 months. Your husband died in March 2014 (may be rest in peace). Isnt that a red flag itself, married but planning with someone else? You dont meet the 100% or the 125% poverty line. I do however have 3 vehicles, own a home, and have 25k in the bank. I will assume that this is money that the dead husband left? You havent met in person but you want to bring a man into your home with your children and you never ever met him in person?????? People are so different in person then they are on cam madam and before you start investing time and money on a K1 visa perhaps you should invest time and money into your future, because 25K can go really fast these days.

I really hope that you dont get your priorities mixed up. From what I have read and have heard from others,you are a walking red flag

[Adrian-Gloria 43]

Hello OP, I'm sorry for all of what you've been through, olease remember that we're here to support you and help you out in this process!

One of the things that I would recommend to you, as well as our fellow vj's is that you meet your boyfriend/fiance asap! Don't marry someone you don't know personally, an online relationship is way different than a physical one. Go meet him, get to know him and then make a decision, we'll help you with the process!

Take care!

-Adrian

[apple21 953]

Given your children's mental/emotional state, have you discussed the situation with them and is it okay with them to welcome a new step-father?

Anyhow, you should meet and get to know your boyfriend first, then decide marriage later on when your financial and employment standing has improved (or if you find a joint sponsor).

Good luck.

Edited June 27, 2014 by apple21

[M and C 32]

First of all, I'm sorry about your husband.

As some have already suggested, I would also advice that you meet your boyfriend in person first before deciding on marriage. Get to know him first. No need to rush into petitioning him now for a K1 visa. In the event that you decide that you do want to get married (after getting to know him a little bit better AND meeting him), then you have more ground on your K1 petition (have met in person). It's easier to prove that your relationship is genuine if you two have met in person, with lots of pictures, boarding pass to back it up. Also, if you wait a little longer, you might find a better job than what you have now and have more earnings by the time you do file for the K1. Then you don't even have to find a co-sponsor. Just my two cents' worth.

[derrickmichille 55]

Sorry for your lost. I agree with what other vj,s have stated. Please go meet him in person before you marry him. People are different on web cam then they are in person. Before I met my fiancee in person I knew she was sweet kind wonderful loving, but when I went to visit her and stayed with her for 2 months, I found out she was much much more than that. And the chemistry between us was amazing and magical, something you can not get without meeting in person. Forget that meeting in person is a requirement for a k1, you should meet in person because it's necessary to move forward in your relationship

Good luck to you. In your situation, it's best to take it slow!!!!

[Pixietink7276 0]

I seem to be being judged for a situation you do not fully understand. I was married to an abusive alcoholic who died from liver disease. I had asked for a divorce over 2 years before I was finally able to move away from him. He got very sick AFTER we separated and I am not the type of person to let anyone die alone so I took care of him until he passed away. I was not doing it because I was in love with him, but because I felt it was my duty as a human being. I have been best friends with my fiancee for a long time. He has helped me thru the hardest parts of my life and always been there for me. I never even thought of a relationship with my fiancee until AFTER i was finally able to move away from the abusive drunk. Red Flags? Why? Because I was nice and took care of a dying man who had no family instead of letting him die alone? What would my children have thought of me if I were to be that spiteful? Yes my husband hurt me badly over the years, but he did not deserve to die alone, no one does. As for the money I have in my bank, No it is not from my husband's life insurance thank you. I received a trust when my grandfather passed away recently and No my fiancee does not know about it. Therefore he cannot be with me for the money. So please, before thinking poorly of someone for their choices, get the full story. I have not rushed into anything with my fiancee. As for leaving my kids with someone and visiting him, My youngest is Autistic and it is very hard to find anyone I trust or he is comfortable with to care for him. I do not live near my family, I live in Colorado and my family is all in Ohio. So please, do not judge me or anyone else before you know their situation.