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Fiance wont be able to make a first visit due to health condition

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Filed: K-1 Visa Country: Philippines
Timeline

Hi, i'm a newbie here...me and my boyfriend met last month (sept 07, 2014 to be exact) online and been communicating regularly thru video chat and messager. My boyfriend was planning to visit me this month, but due to his medical condition his doctor says that he cant travel and cant give him an exact time when he can be ok to do the long travel. As i read on the eligibilty requirements for the process of k1 we should met once within 2 years but if requirements to meet would result an extreme hardship we can still procees it. My question are:

1. Do we still need extra documents or forms for this other than his medical records or doctor certification?

2. Where are we going to process this, here in my country or in the usa?

3. Would it still have the same lenght of process (6-8 months) or longer than the regular?

Thank you hope to hear helpful response. Im really lost dont know where to start. In addition i have a 4yrs old son (k2).

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

The first thing you'll need to do is apply for a visitor's visa to the US. Apply several times, for you alone, with evidence of arrangements to leave your son with someone during your trips, evidence of your job, etc, proving ties back to Philippines. You are likely to be refused, but if he can't travel, then you must try. If he can go as far as Canada or Mexico but not on a plane, apply for visitor's visas to those countries as well. Keep documentation of rejections.

THEN you can apply for a waiver, but not before then, unfortunately. You have to prove that there is no way for you to meet in person to get that waiver.

Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

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Extream hardship is very hard to prove for a waiver and I'm afraid it goes both ways. You also have to prove that you cannot travel to see him and im afraid having a child won't be enough.

Extream hardship only really extends to extream medical care, denied visas, war zones etc.

Your fiancé sends of the paper work in the usa, so is he your boyfriend or your fiancé?

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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Filed: K-1 Visa Country: Philippines
Timeline

Extream hardship is very hard to prove for a waiver and I'm afraid it goes both ways. You also have to prove that you cannot travel to see him and im afraid having a child won't be enough.

Extream hardship only really extends to extream medical care, denied visas, war zones etc.

Your fiancé sends of the paper work in the usa, so is he your boyfriend or your fiancé?

He is my boyfriend but planning to get married

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He is my boyfriend but planning to get married

Are you engaged? Because that's a big requirement..

You can't be calling him your boyfriend if you are planning to do a k1 visa.

You need to get into the habit of calling him your fiancé.

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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Filed: Citizen (apr) Country: Ireland
Timeline

You are not going to get a waiver based on this. Your fiance can't travel now but he may be able to travel in a year or two- or you can try for a tourist visa, or you can meet in a country nearby such as Mexico.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: Philippines
Timeline

The first thing you'll need to do is apply for a visitor's visa to the US. Apply several times, for you alone, with evidence of arrangements to leave your son with someone during your trips, evidence of your job, etc, proving ties back to Philippines. You are likely to be refused, but if he can't travel, then you must try. If he can go as far as Canada or Mexico but not on a plane, apply for visitor's visas to those countries as well. Keep documentation of rejections.

THEN you can apply for a waiver, but not before then, unfortunately. You have to prove that there is no way for you to meet in person to get that waiver.

Thank you

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Filed: K-1 Visa Country: Philippines
Timeline

You are not going to get a waiver based on this. Your fiance can't travel now but he may be able to travel in a year or two- or you can try for a tourist visa, or you can meet in a country nearby such as Mexico.

Thank you

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Filed: K-1 Visa Country: Wales
Timeline

OP has some time before anything can be filed.

And it is not up to her anyway.

“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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Shouldnt you be more concerned about meeting this man and making sure he will be good husband and father for your son before being concerned about how to start the immigration process???

And then posts like this turn into "how can I adjust status without getting married?" Or "how can I remove conditions "I married in good faith" but marriage is not working... "

:bonk:

I'm sorry you feel so strongly about someone else's life, but there's no need to be judgmental about this. The OP has a long road ahead of her as it is, so why not let life play out the way it will? This is an immigration forum, so naturally people come here to ask about immigration related questions, not relationship ones.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Wales
Timeline

Actually most people immigrating on this site are doing so through relationships.

It is relevant in most cases, not sure how the Consulate would respond in this case if they have not met, probably not that well.

“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: K-1 Visa Country: Mexico
Timeline

Actually most people immigrating on this site are doing so through relationships.

It is relevant in most cases, not sure how the Consulate would respond in this case if they have not met, probably not that well.

Meeting in person is one of the requirements when filing the 129F petition.

My understanding is they met online 1 month ago, maybe in the following months her boyfriend will recover and his health will allow him to travel, actually propose and then start with the process.

From there it maybe useful to review this link

http://www.visajourney.com/content/k1flow

Edited by SweetOpossum

Philippians 4: 6-7. "Do not be anxious about anything, but in every situation, by prayer and petition, with thanksgiving, present your requests to God. And the peace of God, which transcends all understanding, will guard your hearts and your minds in Christ Jesus."

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Filed: K-1 Visa Country: Philippines
Timeline

OP, you have a zero chance of getting what ever the term you want to use to identify them, to the USA through K-1.,.,..,without meeting face to face.,,.,.,period!

The sickness, doctor's notes, none of that will do any good, a waste of time!

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Filed: K-1 Visa Country: Mexico
Timeline

Shouldnt you be more concerned about meeting this man and making sure he will be good husband and father for your son before being concerned about how to start the immigration process???

And then posts like this turn into "how can I adjust status without getting married?" Or "how can I remove conditions "I married in good faith" but marriage is not working... "

:bonk:

Shouldnt you be more concerned about meeting this man and making sure he will be good husband and father for your son before being concerned about how to start the immigration process???

And then posts like this turn into "how can I adjust status without getting married?" Or "how can I remove conditions "I married in good faith" but marriage is not working... "

:bonk:

You are 100% right. It boggles my mind that some people make excuses for not at least seeing the person. If you really love someone, you have to meet them before even thinking about marrying. So many on VJ are deadset against critiquing the relationship choices that people make. I think there are many obvious cases, such as this one, where the OP should be questioned a bit before proceeding.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

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