How to get a waiver on clause 18 of form I-129F

[tbos 0]

Hi,

Let me give you brief introduction to my case before sharing my concern.

I have recently been engaged. It's an arranged relationship. My fiancee is in India. The relationship developed when my fiancee family responded to the matrimonial advertisement for me in an established Indian newspaper. In the follow up maters, my elder brother and his wife flew down to India to fix the relationship (A practice that still exists in my culture where elders/parents seek out a match for you). And luckily everything worked out fine and both families decided to engage us. Both my finacee and myself had the opportunity to know each other through snaps, phone and email, IAM. And now we are in deep love (isn't that something...).

Now let me come to the point, The clause/stipulation 18 of form I-129F requires that we should have been physically met in the past 2 years to file for k1-Visa. I am just wondering if anyone had success in getting a waiver on that requirement outside of the basis of financial hardship and social customs prohibiting the meeting. What I am trying to ask here is how strictly this condition is weighed by the USCIS. And do I have a chance to avoid the rejection on K1-Visa based on the facts that I have described in the first paragraph.

Any thoughts, personal experiences/citations will be highly appreciated. (FYI, I did call in to USCIS to inquire on this but failed to get an answer in Yes/No form on this question).

[YuAndDan 153]

It is very rare that they will waive the meeting in person requirement.

This question comes up often, SEE: http://www.visajourney.com/forums/index.ph...st&p=879763

[DakotaK1 1]

If you guys have not met in person within the last 2 years there is no point in filing the Visa you will get denied anyway.

As I already told somebody on here,you guys should at least of met in in person before marrige,when I read things like that with ppl getting married before meeting up it does not surprise me that the US has the highest divorce rate.

You guys could look into a tourist Visa,living together for a while and seeing if you are ment to be together,I understand the religious beliefs but it makes no differance if I am katholic moslem or believe in the holy cow...meet up and see what kind of dude he is.

[Dan J 277]

Unless there is something in you culture or religion preventing you from meeting before marriage, its unlikely a wavier will be granted.

[Minya's wife 25]

What is it that prevents you from going to visit your intended in his/her home country? There is no problem w/ it being an arranged marriage, you just have to declare it under the IMBRA laws (I think) but USCIS will deny your petition from the start if you do not meet the having met w/ in the past two years requirement. A waiver is very rarely granted.

-P

[TimsDaisy 0]

tbos - you don't mention if there are cultural reasons or traditions that make meeting in person before marriage inappropriate and/or forbidden in your culture/religion. Are there such prohibitions or mores?

Financial hardship is a likely non-starter for you. Love ain't cheap, in any culture

It is not an open-and-shut, forget about it, situation as DakotaK1 implies. The I-129F instructions clearly allow for the w/in-2-years meeting requirement, BUT it is a very narrow category and you'll need to be prepared to prove your case. And I would guess that USCIS has heard a LOT of excuses from people trying to avoid the requirement as well as received a lot of sincere requests to waive the requirement, so they may be familiar with your cultural/religious norms.

Check out the forum for your region here at VJ and see if anyone shares whatever cultural/religious grounds on which you would base your request for a waiver.

Edited May 7, 2007 by TimsDaisy

[pushbrk 13,413]

If you guys have not met in person within the last 2 years there is no point in filing the Visa you will get denied anyway.

As I already told somebody on here,you guys should at least of met in in person before marrige,when I read things like that with ppl getting married before meeting up it does not surprise me that the US has the highest divorce rate.

You guys could look into a tourist Visa,living together for a while and seeing if you are ment to be together,I understand the religious beliefs but it makes no differance if I am katholic moslem or believe in the holy cow...meet up and see what kind of dude he is.

I don't see a need to preach about how somebody should decide about their marriage. Unless your religion or culture strictly forbids meeting before the wedding, you are going to have to arrange to meet in person. Period. I'll leave the rest of the value judgments to the adults of marriageable age actually marrying and encourage those offering helpful advice to keep their own value judgments to themselves.

[TracyTN 237]

tbos - you don't mention if there are cultural reasons or traditions that make meeting in person before marriage inappropriate and/or forbidden in your culture/religion. Are there such prohibitions or mores?

Financial hardship is a likely non-starter for you. Love ain't cheap, in any culture

It is not an open-and-shut, forget about it, situation as DakotaK1 implies. The I-129F instructions clearly allow for the w/in-2-years meeting requirement, BUT it is a very narrow category and you'll need to be prepared to prove your case. And I would guess that USCIS has heard a LOT of excuses from people trying to avoid the requirement as well as received a lot of sincere requests to waive the requirement, so they may be familiar with your cultural/religious norms.

Check out the forum for your region here at VJ and see if anyone shares whatever cultural/religious grounds on which you would base your request for a waiver.

The OP did mention 'social customs' as the second reason for not meeting. Whether or not that is strong enough to waive this requirement, I dunno.

But as you suggest, I'd pose this question in the India regional forum here and see if there are any similar experiences.

[The Way it Is 0]

tbos - you don't mention if there are cultural reasons or traditions that make meeting in person before marriage inappropriate and/or forbidden in your culture/religion. Are there such prohibitions or mores?

Financial hardship is a likely non-starter for you. Love ain't cheap, in any culture

It is not an open-and-shut, forget about it, situation as DakotaK1 implies. The I-129F instructions clearly allow for the w/in-2-years meeting requirement, BUT it is a very narrow category and you'll need to be prepared to prove your case. And I would guess that USCIS has heard a LOT of excuses from people trying to avoid the requirement as well as received a lot of sincere requests to waive the requirement, so they may be familiar with your cultural/religious norms.

Check out the forum for your region here at VJ and see if anyone shares whatever cultural/religious grounds on which you would base your request for a waiver.

The OP did mention 'social customs' as the second reason for not meeting. Whether or not that is strong enough to waive this requirement, I dunno.

But as you suggest, I'd pose this question in the India regional forum here and see if there are any similar experiences.

Many marriages in India are arranged in India by family members. I have met several people from India and other countries that met thru arranged marriages. None of them were prohibited from meeting or having a courtship with their fiancees after thae arrangement was made. As a metter of fact, I know of NO culture in the world that does not allow people to meet before marriage. One may exist somewhere, but I doubt if anyone knows of one.

The USCIS will see it the same way...no meeting, no visa. Dont waste you time or meney trying to get around this. People have tried and all have fialed except for a few due to severe medical conditions that prevent them from travelling to meet.

Who would want to marry someone without meeting them anyway.....that rhe WAY IT IS!!

[Urge To Race 2]

If you guys have not met in person within the last 2 years there is no point in filing the Visa you will get denied anyway.

As I already told somebody on here,you guys should at least of met in in person before marrige,when I read things like that with ppl getting married before meeting up it does not surprise me that the US has the highest divorce rate.

You guys could look into a tourist Visa,living together for a while and seeing if you are ment to be together,I understand the religious beliefs but it makes no differance if I am katholic moslem or believe in the holy cow...meet up and see what kind of dude he is.

Are you saying that the high divorce rate in the US is because of arranged marriage? Wha? Arranged marriage in the US is the most uncommon type of marriage, and the divorce rate is high despite this fact. The divorce rates in India among people who practice the tradition of arranged marriage are waaaay lower.

But yes, getting back to the original topic, a waiver of the meeting requirement is just about impossible to get. Financial hardship will definitely not do, and convincing CIS that your culture indeeds prohibits a meeting will not be easy.

Edited May 7, 2007 by Urge To Race

[eric_and_teresa 10]

Cultural customs and/or religious customs are valid reasons to waive the meeting in person requirement. However it wouldn't be enough just to say "it's customary in my culture not to meet". Somehow you'd have to prove that this a valid custom where you come from and that you follow it. How are you going to do that? I have no idea! Neither do I know if they will accept it or not. But in theory if you come from a country where it's customary for future spouses not to meet before the wedding, that should be a reason to apply for a waiver.

I agree with the poster who said this is not the place to pass judgment on other people's tradition, neither if not meeting in person is the cause of the divorce rate.

[DakotaK1 1]

I dont care about arranged marriges ppl can do what they want,I was talking about the divorce rates being high due to people not meeting in person and wanting to get married!

[ramos96 1]

I dont care about arranged marriges ppl can do what they want,I was talking about the divorce rates being high due to people not meeting in person and wanting to get married!

ummm, I hate to burst your lil bubble but the OP was asking to see if it is possble to get waiver to the not having met in 2 years rule.

The answer is yes, but they will need to be able to explain the situation and provide documentation that support their reason, in this case may be a letter from a religious leader with references to books that contain so said culture or religious text that helps prove and support.

If you want to talk about divorce rates and such, start a thread in the general discussion, don't try to hijack this person's thread start your own:P

Also no reason to yell, there are no embedded sounds in these forums

Ramos

Edited May 7, 2007 by ramos96

[pushbrk 13,413]

I dont care about arranged marriges ppl can do what they want,I was talking about the divorce rates being high due to people not meeting in person and wanting to get married!

And I'm saying, please keep your value judgments to yourself. You also suggested they live together and try things out before marriage. That's a value judgment. I prefer to assume we are all adults and leave those judgments to the people making them.

How would you like it if I preached to you about living in sin before marriage? Sheesh!

[TimsDaisy 0]

Do lots of Americans marry without having met each other first? I can't say I've ever seen that as a leading reason for divorce!