Extreme Hardship Waiver for K1 visa

[Olegna_Natuj 0]

Good day! 

I received a letter regarding request for evidence of my K1 Visa application. They want me to comply with the 2 Year Meeting Requirement. This is my timeline 
. Hoping for any response at this 

Timeline:
Met my fiancee first encounter not officially dating- November 2016 (Licensure Examination)
Officially dating as bf/gf - Sept 1, 2017
Our second met up as official bf/gf- May 2018
Supposed to met her again and already got plane ticket but my mother got diagnosed with Breast cancer so everything was cancelled coz I have to take care of her- September 2019 
I filed K1 visa- Oct 2020
RFE received just today - June 2021. 

Im totally confused about the timeline situation especially with the 2 Year meeting requirment. Pls shed any light to this matter and I would really appreciate it

[Asia 2,491]

You did not meet during 2 year period prior starting the K-1.

You met in May 2018, you filled the petition in October 2020. There's 2,5 year gap.

They're not interested what was supposed to happen (your meeting in September 2019). They're interested in what actually happened.

Your petition will be denied. You'd have to meet in person and fill the papers again.

 

Edited June 18, 2021 by Asia

[powerpuff 5,893]

They obviously did not grant you the waiver. It is granted extremely rarely and sorry to say, but your situation doesn’t fall under extreme hardship according to USCIS. Since you cannot provide any evidence of meeting, your application will be denied. You have to re file after meeting. Good luck.

[Crazy Cat 39,220]

6 hours ago, Olegna_Natuj said:

Good day! 

I received a letter regarding request for evidence of my K1 Visa application. They want me to comply with the 2 Year Meeting Requirement. This is my timeline 
. Hoping for any response at this 

Timeline:
Met my fiancee first encounter not officially dating- November 2016 (Licensure Examination)
Officially dating as bf/gf - Sept 1, 2017
Our second met up as official bf/gf- May 2018
Supposed to met her again and already got plane ticket but my mother got diagnosed with Breast cancer so everything was cancelled coz I have to take care of her- September 2019 
I filed K1 visa- Oct 2020
RFE received just today - June 2021. 

Im totally confused about the timeline situation especially with the 2 Year meeting requirment. Pls shed any light to this matter and I would really appreciate it

It appears you did not qualify to file a K-1 since your last meeting was more than 2 years prior to filing.  You will have to meet again, then refile another K-1 from scratch.   Your current I-129f will be denied.  

Edited June 18, 2021 by Lucky Cat

[KayDeeCee 4,891]

7 hours ago, Olegna_Natuj said:

Good day! 

I received a letter regarding request for evidence of my K1 Visa application. They want me to comply with the 2 Year Meeting Requirement. This is my timeline 
. Hoping for any response at this 

Timeline:
Met my fiancee first encounter not officially dating- November 2016 (Licensure Examination)
Officially dating as bf/gf - Sept 1, 2017
Our second met up as official bf/gf- May 2018
Supposed to met her again and already got plane ticket but my mother got diagnosed with Breast cancer so everything was cancelled coz I have to take care of her- September 2019 
I filed K1 visa- Oct 2020
RFE received just today - June 2021. 

Im totally confused about the timeline situation especially with the 2 Year meeting requirment. Pls shed any light to this matter and I would really appreciate it

You tried filing an extreme hardship waiver for not meeting within the 2 years prior to filing? Those are seriously difficult to get approved.

 

It is awful that your mother got sick and needed you to care for her, but that's not going to be a qualification for waiving the 2 year meeting requirement. You have met before, so you could do it again. That's exactly how they view it. If you would have filed your petition in April 2020 instead of Oct. you would be good to go on the meeting requirement. Unfortunately,  your petition will be denied and you will need to meet again before you can refile. Be sure to accrue and save documentation of your meeting to supply that evidence with your next I-129F petition attempt.

Edited June 18, 2021 by KayDeeCee

[Crazy Cat 39,220]

Did I miss something?  I didn't see anything regarding the OP actually filing a waiver.

Edited June 18, 2021 by Lucky Cat

[powerpuff 5,893]

15 minutes ago, Lucky Cat said:

Did I miss something?  I didn't see anything regarding the OP actually filing a waiver.

I think there’s no actual separate waiver required (like a separate form). This is what it says in the instructions: “If you claim that the in-person meeting requirement would result in extreme hardship to you, submit evidence to support your claim”. I think it’s just a matter of including evidence to support your claim. 

Edited June 18, 2021 by powerpuff

[Pinkrlion 2,607]

For extreme hardship waiver, you have to prove that you could not meet in other countries, she could not come to the US, there was a reason why other than COVID-19 between October 2018 - October 2020.

[payxibka 10,044]

9 minutes ago, powerpuff said:

I think there’s no actual separate waiver required (like a separate form). This is what it says in the instructions: “If you claim that the in-person meeting requirement would result in extreme hardship to you, submit evidence to support your claim”. I think it’s just a matter of including evidence to support your claim. 

In the same way there is no form for multiple filing waiver,  however,  you actually need to write that you are requesting a waiver and provide the needed evidence to support it.  

[Olegna_Natuj 0]

My mom diagnosed with cancer and I’m the only one who she can rely on. With treatments , surgery and radiation therapy i was with her on those treatments. We live in a same household so no one can really monitor her with chemo side effects except me

[Olegna_Natuj 0]

They couldnt come up with a good bases on what constitutes “extreme hardships”. idk but if somebody from your family is sick and not only its a simple illness , its effin cancer. Its serious and need to be attended right away

[SalishSea 16,770]

7 minutes ago, Olegna_Natuj said:

They couldnt come up with a good bases on what constitutes “extreme hardships”. idk but if somebody from your family is sick and not only its a simple illness , its effin cancer. Its serious and need to be attended right away

So sorry you are dealing with that.  However, it is not a basis for a waiver for the 2 year meeting requirement, which USCIS is notably strict about.  You may just be better off trying to get married and file for a spousal visa at this point.  You won't be able to overcome the RFE for the I-129F petition.

[Boiler 43,433]

Meet so you are able to file.

 

Take into account the need to show a valid relationship for the interview.

[Nat&Amy 623]

1 hour ago, Olegna_Natuj said:

They couldnt come up with a good bases on what constitutes “extreme hardships”. idk but if somebody from your family is sick and not only its a simple illness , its effin cancer. Its serious and need to be attended right away

I entirely agree with you. However, your significant other could have come to you instead. I know that not everyone is able to get a visa or afford travelling abroad but those are the challenges of international relationships. Many sacrifices need to be made sometimes, by both parts. I wish you the best of luck in the process, and health to you and all your family.

 

[Timona 3,940]

I'd suggest go the CR-1/ IR-1 route. Difference between embassy interview between aforementioned and K-1 is like 3 months. With COVID backlog in the US, you don't wanna join the backlog queue for AOS again after coming in on K-1