Point 35A and the necessity of in-person meeting

[sunrisesunset 0]

Hello, people.

Me and my fiancée are new to this forum, and as we were filing the necessary forms a couple of minutes ago, a question sprung into our minds that, quite likely, was already answered, and not once, on this website - but I guess I did something wrong, and the search came up blank.

My question has been mentioned in the topic name, and I would like (and need to) elaborate a little. We had met online, and it's been quite a while since we did. However, for certain reasons, travelling, and meeting in person is quite impossible for us, and as we were scrolling through the necessary actions list, it was a big discouragement that we are required to meet in person. But I had noticed that the I-129F has a section 35.a, which asks to provide an explicitly detailed reasoning for a waiver on that requirement. Do you guys know, and would you mind telling me, what kind of reasoning is deemed sufficent?

And there's another matter too. We're not quite sure who the beneficiary is supposed to be, and what responsibility does it imply.

Thank you in advance for clearing up some concerns. Oh boy, this sure is thrilling, and it makes the both of us anxious.

[Zedayn 486]

You must meet in person within the last 2 years. Yes you can ask for a waiver, but it is in very rare and extreme cases. An example would be an extreme medical condition that would make traveling very life threatening. Financial difficulties are not a valid reason.

What exactly are the reasons you cannot meet in person?

The petitioner is the US citizen who will petition for their alien fiancé using Form I-129F. Are you the US citizen? If so, then you are the petitioner.

The beneficiary is the alien fiancé for whom the US citizen is petitioning. If you are the US citizen and the petitioner, then your fiancé is the beneficiary.

The only responsibility it implies is that before the beneficiary can apply for the K-1 visa, there needs to be an approved I-129F petition first. You are petitioning for your fiancé to be eligible to apply for that K-1 visa.

[kzielu 1,154]

Religious reasons were the only ones I recall that have remote chance of being acceptable for a meeting in person waiver. It very rarely gets approved so if you think about filing I-129F, better plan for meeting in person.

[SK2014 44]

You must have meet in person in the last 2 years, only cases where the religion forbids it (arranged marriage) and even then you must provide detailed documentation of this (like from a marriage broker)

It's best to try meet in person even if just for a few days

Edited February 11, 2015 by SK2014

[sunrisesunset 0]

The reasons are mostly financial...and political, since the internal policies of Russia, and the mentality, put some sticks in our wheels, to say figuratively.

[Cody and Daisy 374]

The reasons are mostly financial...and political, since the internal policies of Russia, and the mentality, put some sticks in our wheels, to say figuratively.

Financial is not a good enough reason, if you can't afford to meet in person how on earth are you going to afford the full costs of moving someone to the U.S. and adjusting status and paying for the medical and the visa fees and the petition fee etc etc.

Unless you have an extreme legitimate reason you will be denied.

Many Russians are on this forum and have been approved k1 and HAVE met in person.

You must meet at least once in person even if it is in a completely different country.

Usc can come to Russia, or a third country or nusc comes to America.

It has to be one of them.

[kzielu 1,154]

The reasons are mostly financial...and political, since the internal policies of Russia, and the mentality, put some sticks in our wheels, to say figuratively.

Not even remotely good enough... Sorry... Can meet elsewhere, for example Poland ;-)

[ChasUno 101]

But I had noticed that the I-129F has a section 35.a, which asks to provide an explicitly detailed reasoning for a waiver on that requirement. Do you guys know, and would you mind telling me, what kind of reasoning is deemed sufficent?

And there's another matter too. We're not quite sure who the beneficiary is supposed to be, and what responsibility does it imply.

From what I have read, if there is a possibility that meeting may cause extreme hardship to the petitioner and benefiary, then that could be a reason to grant a waiver. However, I suspect that this would only be accepted in conjunction with religious and cultural practices (i.e. arranged marriages). Financial hardship on its own I suspect would highly be likely to be accepted as a valid reason for a waiver. As others have also mentioned, if meeting just once is going to cause such hardship, how can you afford to pay all the fees for the immigration process and then afford to live together? As part of the I-129F process the petitioner also has to complete and submit a form, I-134, stating that they have sufficient funds to support the beneficiary and that they won't become a public liability. If neither of you can afford to meet just once now, I can't see your I-134 form being accepted.

[ChasUno 101]

Financial hardship on its own I suspect would highly be likely to be accepted as a valid reason for a waiver.

Correction: The above was meant to say "Financial hardship on its own I suspect would highly be unlikely to be accepted as a valid reason for a waiver."

[Pianist27 31]

http://www.uscis.gov/laws/admin-decisions?topic_id=1&newdir=D6+-+Fiancees+and+Fiances+of+U.S.+Citizen+%28K-1%29

That's a list of appeal judgments on fiance visas. I cannot find a case (I didn't read them all, just sampled them) where an appeal for a couple who did not meet in person was ever granted.

[sunrisesunset 0]

Well, I guess I should be a little more blunt as far as our reasoning goes.

I realise that I had used the word "fiancée" in my original post, but the person I'm planning to marry is actually the same sex as me, and I am pretty sure that meeting on Russian territory would be a horrible idea.

And meeting in another country would not be very likely either - it is mostly me who is not economically viable, due to currently not having a good enough job (because of studying in a college) to be able to afford international travel, and the fees, accompanying it. My partner does earn a wage above the poverty line for 2 persons, but still not enough to make seeing each other in person possible.

[Cody and Daisy 374]

http://www.uscis.gov/laws/admin-decisions?topic_id=1&newdir=D6+-+Fiancees+and+Fiances+of+U.S.+Citizen+%28K-1%29

That's a list of appeal judgments on fiance visas. I cannot find a case (I didn't read them all, just sampled them) where an appeal for a couple who did not meet in person was ever granted.

There's one I know of, only one.

Wasn't too long ago either where a couple have not met because the USC is on dialysis for about 12 hours every day.

And the NUSC was in med school and had a lot of evidence as to why they just couldn't meet, it just wasn't applical at all for them.

There had extreme medical hardship and their k1 petition was approved, and I then believe the interview was too.

As you can see, that was absolute extreme medical issues.

Being from Russia has no baring on why you cannot meet. It's not enough.

[Cody and Daisy 374]

Well, I guess I should be a little more blunt as far as our reasoning goes.

I realise that I had used the word "fiancée" in my original post, but the person I'm planning to marry is actually the same sex as me, and I am pretty sure that meeting on Russian territory would be a horrible idea.

And meeting in another country would not be very likely either - it is mostly me who is not economically viable, due to currently not having a good enough job (because of studying in a college) to be able to afford international travel, and the fees, accompanying it. My partner does earn a wage above the poverty line for 2 persons, but still not enough to make seeing each other in person possible.

Then how could you afford it when it comes to move?

When it comes to paying for the medical fee?

The visa fee!

The initial k1 petition fee?

The 1070 for AOS?

Travel expenses?

It's horrible sad blunt truth but you do not have a case for a waiver. Unless you find a way to meet at least once in person this route is not for you.

Maybe you should wait for a year or so, save up, make far ahead plans for a holiday in a third country together that is somewhat between.

Save up and try again.

Because unless you do I am 100% certain you will not be able to do this.

[sunrisesunset 0]

Then how could you afford it when it comes to move?

When it comes to paying for the medical fee?

The visa fee!

The initial k1 petition fee?

The 1070 for AOS?

Travel expenses?

It's horrible sad blunt truth but you do not have a case for a waiver. Unless you find a way to meet at least once in person this route is not for you.

Maybe you should wait for a year or so, save up, make far ahead plans for a holiday in a third country together that is somewhat between.

Save up and try again.

Because unless you do I am 100% certain you will not be able to do this.

Most of the expenses and fees are going to be paid with our savings, and maybe I'll sell some things lying around on eBay, there is plenty of high-value antiquities that had passed through the generations.

[Asia 2,499]

Most of the expenses and fees are going to be paid with our savings, and maybe I'll sell some things lying around on eBay, there is plenty of high-value antiquities that had passed through the generations.

So spend that money to meet the requirements of the K-1.

You have to meet in person. Period.

Sorry to be blunt, but the requirement of meeting isn't optional in your situation.

It can't be waived.

Sponsoring a foreign fiance/spuse isn't a cheap thing to do.

You have to be prepared to meet the financial requirements. Or find a co-sponsor.