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Rosemichelle

K-1 Fiance is sick

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Hello, family,. I have a question, It may seem to be kind of weird. I meet a lady two years ago and we are friends. She has had a double kidney transplant in the past. She's dating a gentleman in another country. She is now back on the transplant list and her doctor told her she may be okay for 5 days without dialysis. She wants to go and meet him to have the requirements.  However, I don't think that she will be able too. Do anyone have a suggestion that I can tell her? She has been dating him for almost four years.

 

Any advice to her would be appreciated. 

I don't think that she should receive treatment in a foreign country for dialysis. 

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4 minutes ago, Rosemichelle said:

Hello, family,. I have a question, It may seem to be kind of weird. I meet a lady two years ago and we are friends. She has had a double kidney transplant in the past. She's dating a gentleman in another country. She is now back on the transplant list and her doctor told her she may be okay for 5 days without dialysis. She wants to go and meet him to have the requirements.  However, I don't think that she will be able too. Do anyone have a suggestion that I can tell her? She has been dating him for almost four years.

 

Any advice to her would be appreciated. 

I don't think that she should receive treatment in a foreign country for dialysis. 

Not really an immigration question,

 

but I’m sure if he cared about her he’d go visit her rather than have her risk her life to visit him, furthermore, she may not be permitted to travel, and health insurance while on vacation is another problem for her.. 

 

Personally, I think it’s too risky for her... just my opinion 


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2 minutes ago, JFH said:

Why can't he come to visit her? 

She is looking into trying to figure out a way. But, she wants to marry him. Well, they are in love. Can he come with a waiver with her being sick? He works and he can afford to come, 

1 minute ago, Duke & Marie said:

Not really an immigration question,

 

but I’m sure if he cared about her he’d go visit her rather than have her risk her life to visit him, furthermore, she may not be permitted to travel, and health insurance while on vacation is another problem for her.. 

 

Personally, I think it’s too risky for her... just my opinion 

I think she wants to do the K-1. I think she needs him to come visit first. 

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9 minutes ago, Rosemichelle said:

Hello, family,. I have a question, It may seem to be kind of weird. I meet a lady two years ago and we are friends. She has had a double kidney transplant in the past. She's dating a gentleman in another country. She is now back on the transplant list and her doctor told her she may be okay for 5 days without dialysis. She wants to go and meet him to have the requirements.  However, I don't think that she will be able too. Do anyone have a suggestion that I can tell her? She has been dating him for almost four years.

 

Any advice to her would be appreciated. 

I don't think that she should receive treatment in a foreign country for dialysis. 

If she is worried about the K-1 meeting requirement, the following might apply:

 

https://www.nolo.com/legal-encyclopedia/dont-let-timing-of-two-year-meeting-requirement-for-fianc-e-visa-destroy-eligibility.html

 

Waiver of Meeting Requirement Available in Limited Circumstances

In a few situations, petitioners and beneficiaries are able to get a waiver of the two-year meeting requirement. However, these exceptions are extremely rare, so it is best not to hope for a waiver.

Waivers are available (under 8 C.F.R. § 214.2(k)(2)) for cases where complying with the meeting requirement would either:

  • result in extreme hardship to the petitioner or
  • violate strict and long-established customs of the beneficiary’s foreign culture or social practice, namely where marriages are traditionally arranged and the bride and groom are prohibited from meeting prior to the wedding day.

The bar to demonstrating extreme hardship to the U.S. citizen is high. Simply showing that meeting in person would be inconvenient, more expensive, or more difficult is not going to suffice. Typically, the only time this sort of extreme hardship waiver would be approved is in a case where the petitioner was absolutely unable to travel anywhere, due to extreme illness or permanent physical disability. Proving this would also require substantial medical documentation.

Dangerous country conditions are also rarely grounds for a successful "extreme hardship" waiver of the meeting requirement. Even if your fiancé(e) lives somewhere that is unsafe for a U.S. citizen to visit, USCIS will likely deny the waiver. This is because, theoretically, you and your fiancé(e) should be able to meet in a neutral third country. (Even if your fiancé(e)’s country only rarely issues travel permits to any country, USCIS will most likely not consider this extreme hardship.)

The second basis for a waiver, that meeting the future spouse would violate strict marriage customs, is also difficult to obtain. Even if your fiancé(e) comes from a culture where marriages are ordinarily arranged by parents, most cultures do allow some level of in-person meeting between the potential bride and groom. If there is any precedent within the culture of allowing in-person meetings, then the waiver will be denied.

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3 minutes ago, Duke & Marie said:

Not really an immigration question,

 

but I’m sure if he cared about her he’d go visit her rather than have her risk her life to visit him, furthermore, she may not be permitted to travel, and health insurance while on vacation is another problem for her.. 

 

Personally, I think it’s too risky for her... just my opinion 

 

5 minutes ago, missileman said:

If she is worried about the K-1 meeting requirement, the following might apply:

 

https://www.nolo.com/legal-encyclopedia/dont-let-timing-of-two-year-meeting-requirement-for-fianc-e-visa-destroy-eligibility.html

 

Waiver of Meeting Requirement Available in Limited Circumstances

In a few situations, petitioners and beneficiaries are able to get a waiver of the two-year meeting requirement. However, these exceptions are extremely rare, so it is best not to hope for a waiver.

Waivers are available (under 8 C.F.R. § 214.2(k)(2)) for cases where complying with the meeting requirement would either:

  • result in extreme hardship to the petitioner or
  • violate strict and long-established customs of the beneficiary’s foreign culture or social practice, namely where marriages are traditionally arranged and the bride and groom are prohibited from meeting prior to the wedding day.

The bar to demonstrating extreme hardship to the U.S. citizen is high. Simply showing that meeting in person would be inconvenient, more expensive, or more difficult is not going to suffice. Typically, the only time this sort of extreme hardship waiver would be approved is in a case where the petitioner was absolutely unable to travel anywhere, due to extreme illness or permanent physical disability. Proving this would also require substantial medical documentation.

Dangerous country conditions are also rarely grounds for a successful "extreme hardship" waiver of the meeting requirement. Even if your fiancé(e) lives somewhere that is unsafe for a U.S. citizen to visit, USCIS will likely deny the waiver. This is because, theoretically, you and your fiancé(e) should be able to meet in a neutral third country. (Even if your fiancé(e)’s country only rarely issues travel permits to any country, USCIS will most likely not consider this extreme hardship.)

The second basis for a waiver, that meeting the future spouse would violate strict marriage customs, is also difficult to obtain. Even if your fiancé(e) comes from a culture where marriages are ordinarily arranged by parents, most cultures do allow some level of in-person meeting between the potential bride and groom. If there is any precedent within the culture of allowing in-person meetings, then the waiver will be denied.

thank you so much for the fast response. 

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21 minutes ago, Rosemichelle said:

Hello, family,. I have a question, It may seem to be kind of weird. I meet a lady two years ago and we are friends. She has had a double kidney transplant in the past. She's dating a gentleman in another country. She is now back on the transplant list and her doctor told her she may be okay for 5 days without dialysis. She wants to go and meet him to have the requirements.  However, I don't think that she will be able too. Do anyone have a suggestion that I can tell her? She has been dating him for almost four years.

 

Any advice to her would be appreciated. 

I don't think that she should receive treatment in a foreign country for dialysis. 

 

I think the only requirement is that they meet each other  at least once withink the last 2 years period previous to aply for K1 visa, so in that case the gentleman could aply for a tourist visa and visit her. After that  they could start the K1 visa process. 

 

I've visited my fiance  using tourist visa with no problem. Of course after your K1 visa gets approved your tourist visa is no longer valid.


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She is dating somebody she has never met?


“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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2 hours ago, geowrian said:

Yes there is a waiver, but’s extremely, extremely hard to obtain. I’ve seen less than a handful on VJ ever over the years. One must demonstrate that they absolutely are unable to meet in person anywhere. So applying for tourist visas, doctors notes, etc. would be a bare minimum before even thinking of that route.

 

best wishes

Thank you all so much for the bare truth. That is why I recommend this site. Experience is the advice and i want to thank you all for the replies,

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1 hour ago, Boiler said:

She is dating somebody she has never met?

From reading a lot of post on VJ. that is how a lot of relationships have started. But, they met through her sister. Her sister married someone from another country' She felt like he would be good for her. But, she got sick a while back and have not been able to meet him in person yet. I love her and wanted to find out what she could do, I wasn't thinking about him coming to visit, he has the mean to come and visit. 

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I don’t think she should visit him. How much would travel insurance cost for someone on a transplant waiting list? What happens if the flight home is delayed or cancelled and she needs her dialysis? 

 

Or what happens if a suitable donor is found whilst she is away? They won’t be able to wait for her to come back and she could lose her only chance. I’m sure if he loves her he understands all of these things. 


 

 

 

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Thank you all so much. He is coming to visit her next month. Her doctor is writing a note so that his job will let him take some early vacation/PTO time, Administrator' I found the answer that was needed. Will you please close this post. Thank you,

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