Need urgent Help

[pushbrk 14,482]

Thanks for your reply. The reason why she hasn't traveled to meet me is because of visa because if she comes to visit me on B2, it will considered fraud since we intent to marry genuinely. Only way she can come visit me is or come to marry me is when I file K-1, hence leading back to my initial inquiry of concern in visa process.

Is letter required from both of our doctors or just my doctor supporting why I couldn't travel to meet her?

When you are filing out your K-1 and you will get to the section where you describe your having met in the last 2 years this is where you would put that information, letters from both of your doctors supporting why both can not or have not travelled will be very helpful. I wish you much luck and please keep us all posted.

Sincerely,

Ramos

You would need both. Without one for her, there is not explanation of why she hasn't traveled to meet you.

I think you have no chance of being granted a waiver. Coming to meet you on a B2 visa is not fraud, even if you marry. Staying after marriage and trying to adjust status is visa fraud in that circumstance. We are talking about meeting. She can come here, meet you and go home before her visa expires. This works regardless of whether you marry in the US during her visit. The difference, obviously, is that if you marry, you will following a spouse visa path, not a fiance visa path.

Get her here, meet and get on with it. It will be much faster than wasting time getting denied. Getting denied is likely to make the process more difficult after you DO meet because a Consular officer will be wondering why you attempted to get around the meeting process. A financial hardship isn't really going to work. If you can't afford to meet, then you can't afford to support her.

[pushbrk 14,482]

...I would have hard time explaining in application that when I sponsored her before to come visit it was not with the intention of getting married. I hope you understand what I am trying to say?

I'm new to all this and may be completely wrong, but as I understand it you can quite honestly say you don't intend to marry DURING THAT VISIT, which is the truth; you intend to marry her later... the concerns seem to arise about someone entering the US on a tourist visa, to marry before they leave; that wouldn't be what you're doing.

Can someone confirm or deny?

You and one earlier poster have this wrong. It is not visa fraud to marry on a tourist visa, if the foreigner goes home before their visa expires. What is visa fraud is to marry on a tourist visa and then stay and attempt to adjust status to permanent resident.

His fiancee needs to get here and visit him. If they want to marry during that visit, it is no problem as long as she returns to India before her visa expires.

[Devil's_Advocate 0]

hrt4u2c,

Please review AFQuaid's post history, there are 17 pages and contain a wealth of information for people traveling/meeting with disabilities. You may also find their website to be of some use. They met, applied for the K1, married and are currently in the AOS process.

Hi,

I would like to know if anyone had any experience with obtaining waiver for meeting requirement (medical hardship) in K-1 visa. I am US Citizen and also a physical disable person and completely wheelchair bound. Met my fiancee (she is physical disable also) online and we are in love and want to marry. She is in India and I will be filling K-1 for her to bring her to US so that we can get married. However one slight problem is we haven't met in person because for me traveling specially air travel is impossible as I am very limited in my mobility of my limbs. Anyways I would appreciate if someone can provide information whether I can obtain waiver of meeting requirements on the grounds of medical hardship (along with medical reports)? If yes, then what are the proper ways to file for waiver and what are the chances of being approved for it? If someone can help me with this as soon as possible, I would greatly appreciate. Thanks.

[hrt4u2c 0]

Thanks pushbrk I appreciate your reply,

So you mean to say I can invite her to visit me on B2 in which I do not mention that I am inviting her to meet me for marriage or something and then when she comes we can get married or engaged or just meet and then she can leave before visa expires and then I file either K-1 for her if all we did was meet or got engaged and if we got married then file K-3 instead? Also I wanted to know if I invite her on B2 what do I mention in sponsorship as to why I am inviting her? Your advice seems workable solution for my dilemma.

Thanks for your reply. The reason why she hasn't traveled to meet me is because of visa because if she comes to visit me on B2, it will considered fraud since we intent to marry genuinely. Only way she can come visit me is or come to marry me is when I file K-1, hence leading back to my initial inquiry of concern in visa process.

Is letter required from both of our doctors or just my doctor supporting why I couldn't travel to meet her?

When you are filing out your K-1 and you will get to the section where you describe your having met in the last 2 years this is where you would put that information, letters from both of your doctors supporting why both can not or have not travelled will be very helpful. I wish you much luck and please keep us all posted.

Sincerely,

Ramos

You would need both. Without one for her, there is not explanation of why she hasn't traveled to meet you.

I think you have no chance of being granted a waiver. Coming to meet you on a B2 visa is not fraud, even if you marry. Staying after marriage and trying to adjust status is visa fraud in that circumstance. We are talking about meeting. She can come here, meet you and go home before her visa expires. This works regardless of whether you marry in the US during her visit. The difference, obviously, is that if you marry, you will following a spouse visa path, not a fiance visa path.

Get her here, meet and get on with it. It will be much faster than wasting time getting denied. Getting denied is likely to make the process more difficult after you DO meet because a Consular officer will be wondering why you attempted to get around the meeting process. A financial hardship isn't really going to work. If you can't afford to meet, then you can't afford to support her.

Thanks Devil's_Advocate,

I will surely check the link out. Appreciate your help.

hrt4u2c,

Please review AFQuaid's post history, there are 17 pages and contain a wealth of information for people traveling/meeting with disabilities. You may also find their website to be of some use. They met, applied for the K1, married and are currently in the AOS process.

Hi,

I would like to know if anyone had any experience with obtaining waiver for meeting requirement (medical hardship) in K-1 visa. I am US Citizen and also a physical disable person and completely wheelchair bound. Met my fiancee (she is physical disable also) online and we are in love and want to marry. She is in India and I will be filling K-1 for her to bring her to US so that we can get married. However one slight problem is we haven't met in person because for me traveling specially air travel is impossible as I am very limited in my mobility of my limbs. Anyways I would appreciate if someone can provide information whether I can obtain waiver of meeting requirements on the grounds of medical hardship (along with medical reports)? If yes, then what are the proper ways to file for waiver and what are the chances of being approved for it? If someone can help me with this as soon as possible, I would greatly appreciate. Thanks.

[Yodrak 8]

hrt4u2c,

I suggest that you have a consultation with an immigration attorney to discuss your and your fiancee's infirmities with regard to 2 issues:

- How to best present the documentation for a waiver of the requirement of having met in person that might have a chance of succeeding, and

- How to best present the documentation for a B2 visa application for you fiancee that might have a chance of succeeding.

Lawyers are trained not only in the applicable law, but also in how to take the available facts, fit them to the law, and then present the case so as to obtain the desired result. Not that a lawyer is sure to be successful, but they are sure to have better odds of success than you alone or you with the help of VJ.

Yodrak

Yodrak,

I understand your points and completely agree, however just as you said some things in life may be difficult for some than others even if they have similar situations or conditions. My limitations are as good as being a quadriplegic, I fully rely on multiple medical assisting devices such as wheelchair to move around (not out of city or state), hoyer lift to transfer in and out of wheelchair etc. It would be impossible to carry all the devices along with me even if I do make an effort to travel short or long distance.

hrt4u2c,

My niece is wheelchair bound, a paraplegic(sp?), and she travels all around the world, several times per year, on her own.

Just how limited are you? Difficult is not the same as impossible, and 1 trip is not the same as multiple trips. Some things in life may be more difficult for some than for others, that does not make them un-doable unless one just doesn't want to do them.

Yodrak

My girlfriend is not limited as me and she can travel by air with no problem, however as you know no matter how limited or non-limited one is, for a person wheelchair bound traveling multiple times is not an easy task and I wouldn't want to put her through multiple traveling back and forth. She can travel but then again in order for her to travel to come see me she will require visa. Two visa choices would be B2 visitor visa or K-1. Obtaining visitor visa would be tough choice because since we are planning to get married she will not be granted visa based upon that. Next choice would be K-1, which brings back to my original concern.

I am just curious. How limited is your girlfriend to travel and how possible is it for her to come visit you in the US? If she is also very limited to travel by air, how could she come to live with you in the US if she was granted a k-1 visa?

[pushbrk 14,482]

I think the B2 has the best chance for success. I don't generally suggest using attorneys but in more complicated cases, it can be critical. I concur that you will probably be better served by an attorney in your case for the reasons stated below. Of course, I'm no expert on B2 visas from India. From China, your chances for a single woman being granted a visitor visa are really slim, and none because immigrant intent is assumed. Somebody with more India experience may have some good advice for you on the B2 visa.

hrt4u2c,

I suggest that you have a consultation with an immigration attorney to discuss your and your fiancee's infirmities with regard to 2 issues:

- How to best present the documentation for a waiver of the requirement of having met in person that might have a chance of succeeding, and

- How to best present the documentation for a B2 visa application for you fiancee that might have a chance of succeeding.

Lawyers are trained not only in the applicable law, but also in how to take the available facts, fit them to the law, and then present the case so as to obtain the desired result. Not that a lawyer is sure to be successful, but they are sure to have better odds of success than you alone or you with the help of VJ.

Yodrak

Yodrak,

I understand your points and completely agree, however just as you said some things in life may be difficult for some than others even if they have similar situations or conditions. My limitations are as good as being a quadriplegic, I fully rely on multiple medical assisting devices such as wheelchair to move around (not out of city or state), hoyer lift to transfer in and out of wheelchair etc. It would be impossible to carry all the devices along with me even if I do make an effort to travel short or long distance.

hrt4u2c,

My niece is wheelchair bound, a paraplegic(sp?), and she travels all around the world, several times per year, on her own.

Just how limited are you? Difficult is not the same as impossible, and 1 trip is not the same as multiple trips. Some things in life may be more difficult for some than for others, that does not make them un-doable unless one just doesn't want to do them.

Yodrak

My girlfriend is not limited as me and she can travel by air with no problem, however as you know no matter how limited or non-limited one is, for a person wheelchair bound traveling multiple times is not an easy task and I wouldn't want to put her through multiple traveling back and forth. She can travel but then again in order for her to travel to come see me she will require visa. Two visa choices would be B2 visitor visa or K-1. Obtaining visitor visa would be tough choice because since we are planning to get married she will not be granted visa based upon that. Next choice would be K-1, which brings back to my original concern.

I am just curious. How limited is your girlfriend to travel and how possible is it for her to come visit you in the US? If she is also very limited to travel by air, how could she come to live with you in the US if she was granted a k-1 visa?

[hrt4u2c 0]

Yea, even I believe chances of granting B2 visa to single woman is slim to none. I have consulted 2 attorneys and according to both chances of waiver being granted is very less based on previous cases just as you stated before. Nevertheless If using attorney for my case would be the only workable solution I may have to go that way only. Nonetheless thanks for your quite helpful advice. I appreciate it.

I think the B2 has the best chance for success. I don't generally suggest using attorneys but in more complicated cases, it can be critical. I concur that you will probably be better served by an attorney in your case for the reasons stated below. Of course, I'm no expert on B2 visas from India. From China, your chances for a single woman being granted a visitor visa are really slim, and none because immigrant intent is assumed. Somebody with more India experience may have some good advice for you on the B2 visa.

hrt4u2c,

I suggest that you have a consultation with an immigration attorney to discuss your and your fiancee's infirmities with regard to 2 issues:

- How to best present the documentation for a waiver of the requirement of having met in person that might have a chance of succeeding, and

- How to best present the documentation for a B2 visa application for you fiancee that might have a chance of succeeding.

Lawyers are trained not only in the applicable law, but also in how to take the available facts, fit them to the law, and then present the case so as to obtain the desired result. Not that a lawyer is sure to be successful, but they are sure to have better odds of success than you alone or you with the help of VJ.

Yodrak

Yodrak,

I understand your points and completely agree, however just as you said some things in life may be difficult for some than others even if they have similar situations or conditions. My limitations are as good as being a quadriplegic, I fully rely on multiple medical assisting devices such as wheelchair to move around (not out of city or state), hoyer lift to transfer in and out of wheelchair etc. It would be impossible to carry all the devices along with me even if I do make an effort to travel short or long distance.

hrt4u2c,

My niece is wheelchair bound, a paraplegic(sp?), and she travels all around the world, several times per year, on her own.

Just how limited are you? Difficult is not the same as impossible, and 1 trip is not the same as multiple trips. Some things in life may be more difficult for some than for others, that does not make them un-doable unless one just doesn't want to do them.

Yodrak

My girlfriend is not limited as me and she can travel by air with no problem, however as you know no matter how limited or non-limited one is, for a person wheelchair bound traveling multiple times is not an easy task and I wouldn't want to put her through multiple traveling back and forth. She can travel but then again in order for her to travel to come see me she will require visa. Two visa choices would be B2 visitor visa or K-1. Obtaining visitor visa would be tough choice because since we are planning to get married she will not be granted visa based upon that. Next choice would be K-1, which brings back to my original concern.

I am just curious. How limited is your girlfriend to travel and how possible is it for her to come visit you in the US? If she is also very limited to travel by air, how could she come to live with you in the US if she was granted a k-1 visa?

[gwenneh 7]

hrt4u2c,

Please review AFQuaid's post history, there are 17 pages and contain a wealth of information for people traveling/meeting with disabilities. You may also find their website to be of some use. They met, applied for the K1, married and are currently in the AOS process.

OP, that's exactly the case I was referring to. They were forced to travel and meet in person despite both being wheelchair bound - their waiver of meeting requirement was denied.