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john_and_marlene

Hardship for meeting within 2 years

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This thread was added as a link on the pinned K1 visa guide :thumbs:

Let's just hope someone contemplating this will read the pinned info first.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: K-1 Visa Country: Philippines
Timeline
This thread was added as a link on the pinned K1 visa guide :thumbs:

Let's just hope someone contemplating this will read the pinned info first.

Credit given when credit is due, Good Post.

July 17 2006 Sent I-129F to TSC

July 19 2006 packet received by TSC

July 27 2006 case received at CSC

July 28 2006 touched (to process/send NOA1)

Aug 01 2006 check cashed

Aug 05 2006 NOA1 received in mail

Oct 03 2006 Touched (RFE sent)

Oct 10 2006 RFE received and responded to

Oct 17 2006 Touched (CSC reply to RFE response)

Nov 06 2006 NOA2

Nov 21 2006 NVC sent to Manila

Blah

Blur

Drone

March 27 2007 Interview

April 02 2007 Visa delivered

April 05 2007 Happiness delivered

April 06 2007 First day of the rest of our lives

"There they go! I must hurry and catch them, for I am their leader."

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Filed: Timeline

I guess what I'm hoping for here is a collection of experiences of what worked and didn't work so that the entire community can be informed.

ok, I started reading immigration boards in early 2002. I confess to following a couple of them, er, pretty closely.

I have seen ONE of these waivers pass, many attempts, and there might be one other that did pass, but I can't find it.

The one that did pass, well, the 2 lawyers who were participating on the board at the time are fairly firm in their conviction that the petitioner lied and that the waiver was given under suspicious circs.

The one that I can't quite remember was brought up during this recent hubub; I think it was a guy on dialysis who could not make the flight to anywhere and she could not come to the US as a visitor.

The VJ member who made a recent attempt was claiming 'medical reasons' for why they could not meet in person.

Here's one that combined medical and financial hardship

Hi all at RHC,

This is such a paramount victory we should share this story with others who are unsure about their chances for success. I would first like to explain that I am legally blind and would have extreme difficulty in foreign travel. So the odds were already stacked against me. Hiring a Sighted Guide would crash my economy. USCIS has provisions in their rules for waiver of the first meeting on foreign soil. The petitioner is exempt from the requirements for a meeting if it is established that a hardship would occur. In my case, we felt that the financial burden was that hardship. This case was appealed at the level of Commissioners Office In Washington D. C. and we won. I also believe that this case will set precedence for other cases to come. USCIS is not known for their sensitivity towards anyone’s feelings but this approval may say that policies are changing. They finally must realize that because a person may not see or walk, they still love and want to be loved. Thanks for being steadfast with this case, you hung in there and saw it to the end..

Dan K.

(Russia to the USA)

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Other Timeline

Mermaid, thanks for posting that.

I note the preface paragraph to the testimonal claims the USCIS denial rate for these petitions is 99%.

I also note that this successful hardship filing took 21 months.

Of course we don't know what the attorney fees were.

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Filed: Timeline

Well the case listed in this thread plus the guy on VJ that a while back claimed his petition was approved without meeting never says if the visa was issued. So even if CIS buys your story the embassy has feel the relationship is on the level and I just don't see anyone being issued a K-1 visa when they have never met the person they are supposed to marry.

Does anyone have proof a visa being issued and the people never having met in person?

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Filed: K-3 Visa Country: Canada
Timeline

I did some searching but came up empty handed. I did though find a chat archive involving an immigration attorney where the subject of what constitutes hardship in this type of situation came up. Below is the response they gave

the general rule is that the couple has to have met in person within the last 2 years. There is an "extreme hardship" exception to this rule. Things that may constitute extreme hardship include political dangers, health reasons and severe financial burdens. For example, some the cases dealing with this issue allow for the exception when the u.s. citizen's documented anxiety disorder prevented him from travel or the u.s. citizen's membership in the military prevented the travel."

Source

July 12, 2002 - Married

I130

May 18, 2005 - Sent Certified Mail USPS with Money Order for fees

May 20, 2005 - Received Date

June 2, 2005 - Notice Date

June 6, 2005 - Received NOA1

September 10, 2005No action to date

December 1, 2005 -Approved

I129

August 25, 2005 - Sent Certified Mail USPS with Money Order for fees

August 26, 2005 - USPS tracking shows Delivered, August 26, 2005, 1:54 pm, CHICAGO, IL 60680

September 7, 2005 - "touched" I think

September 12, 2005 - Received NOA1 showing receipt date of August 30, 2005

October 17, 2005 - APPROVED!!!

November 27, 2005 - Received by NVC

November 3, 2005 - RFE received from Consulate

November 18, 2005 - RFE delivered to Consulate

November 28, 2005 - Instructions received

December 6, 2005 - Medical Appt Much confusion and lack of communication by Physicians caused much delay :(

March 23 - Checklist received

May 12 - Packet 4 received

June 1 - Interview

June 1 - APPROVED!!!!!

June 7 - Steve Arrived home

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Filed: Other Timeline
Well the case listed in this thread plus the guy on VJ that a while back claimed his petition was approved without meeting never says if the visa was issued. So even if CIS buys your story the embassy has feel the relationship is on the level and I just don't see anyone being issued a K-1 visa when they have never met the person they are supposed to marry.

Does anyone have proof a visa being issued and the people never having met in person?

I never thought of that.......

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Too add to this thread, anyone who attempts to petition for a Fiance, with whom they have not met in person, is nothing more than a fool.

Reason 1: You will not get a waiver.

Reason 2: On what basis is your belief that you know this person well enough to spend your life with them? Fantasy? Think divorce in short order.

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Filed: Other Timeline

http://www.visajourney.com/forums/index.php?showtopic=316

Already a thread posted with lots of good information.

No need for the un-informed and wild speculation here.

What are your thoughts?

Are there still cultures where meeting before marriage is absolutely not allowed even with a chaperone? If you know of one, where is it?

What must one show for medical circumstances?

What other possible reasons could there be?

Does anyone know of a successful attempt at this? What were the circumstances?

AOS I-485

07/10/07 - Sent I-485 via USPS Priority Mail to Chicago Lockbox

07/23/07 - Received NOA1 in my home mailbox

08/13/07 - Received ASC Biometrics Appointment Letter in my home mailbox

08/31/07 - USCIS mailed out Appointment letter with Postmark Date 8/31/07

09/04/07 - Received actual Appointment Letter (Interivew Date 10/30/07)

09/06/07 - Completed Biometrics Appointment at local ASC

10/30/07 - Scheduled AOS Interview Appointment - Approved

I-751

08/13/09 - Sent I-751 to CSC

08/17/09 - Receipt date of NOA

09/16/09 - Biometrics

09/17/09 - "Touched"

12/15/09 - Card production ordered

12/17/09 - Approval notice sent

12/21/09 - Received 10-Year GC and Welcome Letter

N-400

08/16/10 - Sent N-400 to AZ Lockbox via USPS First Class Mail with Delivery Confirmation

08/18/10 - USPS Confirms delivery: August 18, 2010, 9:57 am, PHOENIX, AZ 85036

08/24/10 - Check #501 for $675 cleared my account @ 11:20 pm EDT

08/27/10 - Received NOA dated 8/23/10 with a Priority date of 8/18/10

09/07/10 - Received Biometric RFE dated 9/3/10 -- Fingerprint apt. schedule 10/1/10

10/01/10 - Fingerprint Appointment-- Completed

10/09/10 - Received Interview Appointment Letter dated 10/6/10 for scheduled interview on 11/09/10

11/09/10 - Interview Passed

11/18/10 - Oath Ceremony

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Filed: Timeline
http://www.visajourney.com/forums/index.php?showtopic=316

Already a thread posted with lots of good information.

No need for the un-informed and wild speculation here.

Sorry right church wrong pew.

"To start, you should submit as much information as possible to show that your family members (US Citizen or LPR petitioning for benefit) will suffer extreme hardship.

That stuff doesn't apply to K-1 petition.

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Mermaid, thanks for posting that.

I note the preface paragraph to the testimonal claims the USCIS denial rate for these petitions is 99%.

I also note that this successful hardship filing took 21 months.

Of course we don't know what the attorney fees were.

I know what their rate is. I used them. Flat rate $2500. That covers initial application through AOS.

http://www.visajourney.com/forums/index.php?showtopic=316

Already a thread posted with lots of good information.

No need for the un-informed and wild speculation here.

What are your thoughts?

Are there still cultures where meeting before marriage is absolutely not allowed even with a chaperone? If you know of one, where is it?

What must one show for medical circumstances?

What other possible reasons could there be?

Does anyone know of a successful attempt at this? What were the circumstances?

That link is for hardship waivers of inadmissibility and has nothing to do with the topic here.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Other Timeline

Of course we don't know what the attorney fees were.

I know what their rate is. I used them. Flat rate $2500. That covers initial application through AOS.

Really? That ain't bad....

For any case? No matter what the level of difficulty?

Edited by rebeccajo
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Of course we don't know what the attorney fees were.

I know what their rate is. I used them. Flat rate $2500. That covers initial application through AOS.

Really? That ain't bad....

For any case? No matter what the level of difficulty?

As far as I know.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Timeline
Too add to this thread, anyone who attempts to petition for a Fiance, with whom they have not met in person, is nothing more than a fool.

Reason 1: You will not get a waiver.

Reason 2: On what basis is your belief that you know this person well enough to spend your life with them? Fantasy? Think divorce in short order.

Odd, indeed, that you would think that it is impossible to get a waiver and that to proceed without meeting the person is a recipe for disaster! Of course, I would prefer to meet my betrothed, and as a result I would not do it, but that could also be related to my culture. The regulations suggest that the meeting takes place within 24 months of the petition being filed. Note that there's a time period imposed. That doesn't mean that the indivduals have never met.

Further, what the regulations require is that the petitioner and beneficiary meet within 24 months of filing. Now if they haven't done so, a waiver is necessary. I can readily foresee situations where parties have met and have determined that the individual is right for the long term, but are unable, for one reason or another to do so within the 24 month allotment, say for health reasons on the part of the petitioner, and lack of visa options on the part of the beneficiary. And let's not forget that in some cultures much of the selection of a spouse is handled by the families. With arranged marriages, where culutural norms might suggest that it is not essential for the parties to meet, that doesn't necessarily mean that members of the family haven't had plenty of occasion to meet the betrothed and make sure it is an appropriate match. Me thinks you're looking too narrowly, William33. :)

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Too add to this thread, anyone who attempts to petition for a Fiance, with whom they have not met in person, is nothing more than a fool.

Reason 1: You will not get a waiver.

Reason 2: On what basis is your belief that you know this person well enough to spend your life with them? Fantasy? Think divorce in short order.

Odd, indeed, that you would think that it is impossible to get a waiver and that to proceed without meeting the person is a recipe for disaster! Of course, I would prefer to meet my betrothed, and as a result I would not do it, but that could also be related to my culture. The regulations suggest that the meeting takes place within 24 months of the petition being filed. Note that there's a time period imposed. That doesn't mean that the indivduals have never met.

Further, what the regulations require is that the petitioner and beneficiary meet within 24 months of filing. Now if they haven't done so, a waiver is necessary. I can readily foresee situations where parties have met and have determined that the individual is right for the long term, but are unable, for one reason or another to do so within the 24 month allotment, say for health reasons on the part of the petitioner, and lack of visa options on the part of the beneficiary. And let's not forget that in some cultures much of the selection of a spouse is handled by the families. With arranged marriages, where culutural norms might suggest that it is not essential for the parties to meet, that doesn't necessarily mean that members of the family haven't had plenty of occasion to meet the betrothed and make sure it is an appropriate match. Me thinks you're looking too narrowly, William33. :)

Possible, but highly improbable. With that said and for clarification, I understand that circumstances do exist for those who have met in person, but outside the 24 month parameter established by USCIS. These circumstances related to health, and on the very rare ocasion where custom or religion does not allow it make perfect sense.

My comment is directed at those who, chose not to meet in person at all and take a leap of faith. That behaviour is setting one's self up for failure. With a 50% marriage failure rate in the United States, people need to be more realistic about what sort of commitment they are making. This is not a set of towels that can be returned for a refund, if one changes their mind. This is the one of the most serious commitments in life.

Thus my motto, plan for success!!!

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