Does COVID-19 count as extreme hardship?

[Astrid M 7]

My partner (US) and I (UK) have been together for a while but met during covid. We are trying our hardest to be patient, but we struggle. We know we want to marry - so we could wait until this is all over, marry, and file for spousal.

But we were also thinking we could file for the K1. The issue being that we have not met so haven't seen each other in the last 2 years per the requirements.

However, it does state that this can be waived due to cultural customs or extreme hardship. My question is, could we explain that it is covid keeping us from meeting and therefore filing under extreme hardship? 

 

I would appreciate any advice you could give. Thank you.

[powerpuff 6,728]

That does not qualify under extreme hardship and your application will be denied. In the whole history of this website there have been 1 or 2 cases where it worked and that was due to a severe disability of the US petitioner

[Astrid M 7]

2 minutes ago, powerpuff said:

That does not qualify under extreme hardship and your application will be denied. In the whole history of this website there have been 1 or 2 cases where it worked and that was due to a severe disability of the US petitioner

Thank you for letting me know. I wasn't sure if it would qualify. We were just brainstorming. We'll wait to marry until after covid, in this case.

Back to being patient!

[powerpuff 6,728]

1 minute ago, Astrid M said:

Thank you for letting me know. I wasn't sure if it would qualify. We were just brainstorming. We'll wait to marry until after covid, in this case.

Back to being patient!

I hope it happens soon for you. Good luck in your journey! 

[Crazy Cat 41,979]

I have heard of only one (maybe) 2 year meeting waiver approved in the past 5 years here.  They are extremely difficult to get.  Using Covid as a reason will not work.  Covid will not prevent meeting....but it is delaying your meeting.  If given a choice for most people, the CR-1 is superior.  I suggest you meet, spend some time together....then decide upon your future.  Below is my personal comparison.  Good Luck.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1      
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1    

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited February 17, 2021 by Lucky Cat

[Gail and Derrick 270]

I know it's a little more difficult now, but you have options for meeting (although you probably know this). I am a UK/US dual citizen who lives in the US. Fiance is Irish. We met in the UK in September and then he came here Nov–January after quarantining in Turkey for 15 days. We're lucky in that work and finances allowed us to do this. Not sure when we'll be able to meet again though as the rules keep changing. Good luck!

[hedgemaze 49]

This isn't what you asked, but I really do recommend meeting your future spouse and spending as much time together as you can before marrying them! You need to know what your compatibility and day-to-day lives will be like in person when this is the person you'll hopefully spend the rest of your life with. COVID sucks for all of us, but the wait will be worth it when you have a lifetime ahead of you, and hopefully we can all see our loved ones again soon.

[SalishSea 17,926]

11 hours ago, Astrid M said:

My partner (US) and I (UK) have been together for a while but met during covid. We are trying our hardest to be patient, but we struggle. We know we want to marry - so we could wait until this is all over, marry, and file for spousal.

But we were also thinking we could file for the K1. The issue being that we have not met so haven't seen each other in the last 2 years per the requirements.

However, it does state that this can be waived due to cultural customs or extreme hardship. My question is, could we explain that it is covid keeping us from meeting and therefore filing under extreme hardship? 

 

I would appreciate any advice you could give. Thank you.

Nope.

[JFH 12,190]

US citizens can currently travel to the UK. He will need to have 2 COVID tests and also isolate on arrival for 10 days. So a hardship waiver request will definitely fail. Don’t waste your time on that. 

[Adventine 3,201]

I am having a hard time seeing how COVID qualifies as "extreme hardship" when practically everyone in the world is affected by it in some form.

 

While meeting up is certainly more expensive and inconvenient now, it is certainly far from impossible, especially for a US-UK couple.

[SunflowerSweet 1,321]

I’m a little confused, have you met this individual in person at all yet? In your thread from December, you mention a partner that you have been dating a while but you haven’t seen in what feels like forever due to Covid. Was the meeting just over two years ago?

 

If you haven’t met at all yet, you should definitely fix that. Not just because Covid will not be an acceptable reason for hardship waiver. The UK is a low fraud country, but having a past marriage and spousal visa filing that fell apart, I’d imagine it would be wise to be able to show you have met and know this person well.

[JFH 12,190]

3 hours ago, MorganandMichael said:

I’m a little confused, have you met this individual in person at all yet? In your thread from December, you mention a partner that you have been dating a while but you haven’t seen in what feels like forever due to Covid. Was the meeting just over two years ago?

 

If you haven’t met at all yet, you should definitely fix that. Not just because Covid will not be an acceptable reason for hardship waiver. The UK is a low fraud country, but having a past marriage and spousal visa filing that fell apart, I’d imagine it would be wise to be able to show you have met and know this person well.

I’m beginning to wonder whether they have ever met in person also. COVID has been with us for a year. Travel restrictions came in at the end of March last year. Per the OP they haven’t met in the last two years, which is very strange for a UK/US couple. COVID aside, that still leaves over a year pre-COVID. The vast majority of UK and US citizens don’t need visas to visit the other country. In the halcyon days of transatlantic travel before COVID, tickets were going for less than $500. Considering we see couples here making journeys of 30+ hours involving several planes, boats, buses etc to get to far-flung parts of Asia, I find it quite incredulous that someone from the UK didn’t fly here in all that time. Reading between the lines, it looks to me like they have never met. 
 

The previous marriage is also not without concern. It could be seen as “America or bust” and going from one American man to another to find a way here. 

[Crazy Cat 41,979]

3 hours ago, MorganandMichael said:

I’m a little confused, have you met this individual in person at all yet? In your thread from December, you mention a partner that you have been dating a while but you haven’t seen in what feels like forever due to Covid. Was the meeting just over two years ago?

 

If you haven’t met at all yet, you should definitely fix that. Not just because Covid will not be an acceptable reason for hardship waiver. The UK is a low fraud country, but having a past marriage and spousal visa filing that fell apart, I’d imagine it would be wise to be able to show you have met and know this person well.

The OP posted "The issue being that we have not met so haven't seen each other in the last 2 years per the requirements."  I'm not sure whether a meeting has ever taken place. 

[SunflowerSweet 1,321]

2 minutes ago, Lucky Cat said:

The OP posted "The issue being that we have not met so haven't seen each other in the last 2 years per the requirements."  I'm not sure whether a meeting has ever taken place. 

In a previous thread from December where they ask about the possibility of marrying on ESTA and returning, they mentioned “We have been dating for a while, but of course have not seen each other for what feels like forever due to the pandemic” which to me sounds like they are at least implying they met once, but who knows!

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.