K1 AND COVID AS EXEMPTION

[NasUK 35]

Hello! My fiance and I are applying for a K1 Visa. We are trying to find more information on if Covid is considered an exemption that falls under extreme circumstances for the requirement of having met, in-person, within the last 2 years.  As much as we would love to be together by now, this pandemic has made it impossible. Can you please advise me on the K1 process as it currently stands? Thank you
 

[Loren Y 2,745]

For the exemptions to the visiting requirement for the K1 visa, In the many years I have seen people try this, I have only heard of 2 cases where they actually got the visiting requirement waived, so your chances of that happening are very, very slim, I wouldn't even try it as I doubt covid is going to be a valid reason. The best thing for you to do is to try and meet in a country you can both visit without needing a visa to meet the requirement. There are many countries allowing people to enter without quarantine or anything now, and more being added every day. April 1st there is going to be even more countries removing quarantine requirements ( Even more countries if you can prove vaccination). I would try to meet your fiancee in one of these countries that works for both of you ( Mexico, UAE ( Dubai)) are a few examples. This will make the process of the K1 wayyyyy easier. I honestly believe filing the K1 with a meeting requirement waiver will be a waste of time and money.

 

Keep your boarding passes, passport stamps, itineraries, etc. for proof of meeting to send with the petition, and you will be fine.

Edited March 23, 2021 by Loren Y

[powerpuff 6,029]

Don’t waste $535 and your time to try to waive the meeting requirement due to COVID. It will not be approved. As @Loren Y said your best bet is to meet in a third country or wait until restrictions are eased. 

[JFH 12,189]

Americans can travel to the UK. There is the issue of quarantine on arrival. But it’s possible. 
 

You can’t leave the UK for now but your fiancé can visit you. 
 

Have you ever met in person?

[SalishSea 16,964]

8 hours ago, NasUK said:

Hello! My fiance and I are applying for a K1 Visa. We are trying to find more information on if Covid is considered an exemption that falls under extreme circumstances for the requirement of having met, in-person, within the last 2 years.  As much as we would love to be together by now, this pandemic has made it impossible. Can you please advise me on the K1 process as it currently stands? Thank you
 

Nope.

[TBoneTX 43,497]

8 hours ago, NasUK said:

My fiance and I are applying for a K1 Visa.

Welcome to the forum.  Gentle correction:  You are planning to file the I-129F petition, which, if approved, would enable your beneficiary to apply for the K-1 visa.

[Crazy Cat 39,784]

17 hours ago, NasUK said:

Hello! My fiance and I are applying for a K1 Visa. We are trying to find more information on if Covid is considered an exemption that falls under extreme circumstances for the requirement of having met, in-person, within the last 2 years.  As much as we would love to be together by now, this pandemic has made it impossible. Can you please advise me on the K1 process as it currently stands? Thank you
 

The pandemic has not made seeing each other impossible....only inconvenient, in most cases.  The waiver would be denied, imo.

Edited March 24, 2021 by Lucky Cat

[Missthanger 22]

20 hours ago, NasUK said:

Hello! My fiance and I are applying for a K1 Visa. We are trying to find more information on if Covid is considered an exemption that falls under extreme circumstances for the requirement of having met, in-person, within the last 2 years.  As much as we would love to be together by now, this pandemic has made it impossible. Can you please advise me on the K1 process as it currently stands? Thank you
 

I was thinking about doing this to but it takes long to get approval. I had two flights canceled but I rebooked one in May . Just wait to be safe . 

[JFH 12,189]

OP, the reason COVID is unlikely to be grounds for a waiver is the fact that it is a temporary situation. Borders will open again. Planes will fly again. People will be able to travel again. 

 

Waivers are granted for permanent situations where there is no possibility of it changing. The examples often quoted on here (and the only ones we have seen) were for a person who was completely unable to travel due to a permanent disability. I believe the person was paralysed or on permanent ventilation, something like that. The waiver was only granted after the foreign beneficiary had applied multiple times for a visitor visa for the US and was repeatedly denied (not because she had done anything wrong, she happened to be from a country where denials are routine for a single female with a boyfriend in the US). In other words, they had to demonstrate that they had tried to work around it and that the situation was permanent. Another one I recall was a deeply religious couple who were forbidden from seeing each other prior to marriage. 

 

I know it's a mess now. But it will end. I understand the urgency people feel. Especially those who want to get on with starting a family and so on. But the government will not grant a waiver for a temporary obstacle in the path to a K-1. 

 

For the health of your relationship it is also advisable to spend as much time together in person. That's just common sense. You want to know what this person is like beyond the sweet messages and video chats. It takes time to get to know someone well enough to commit to marriage. 

[Limey 550]

41 minutes ago, JFH said:

OP, the reason COVID is unlikely to be grounds for a waiver is the fact that it is a temporary situation. Borders will open again. Planes will fly again. People will be able to travel again.

The other reason is that virtually everyone in the world is affected by this. If they waive for covid they are effectively waiving the meeting requirement entirely for everyone. Unlikely they'd want to do that.

[LindaStewart 5]

The U. S . Govt can use covid for an excuse for practically everything. Why can we?