Question of the context of hardship in K1

[Shane0210 0]

Hi, first I want to explain some of my dilemma if you don't mind. My (online) girlfriend couldn't get a passport to travel because of errors in her birth certificate, it's been 4 years together, that is solved and were ready to begin trying. However the list of issues begin, I'm not able to travel to her country, being disabled, plus i couldn't even afford the ticket honestly, rather on SSI I'm not allowed to save or buy an expensive ticket. If need truly be, family would loan the money to bring her to visit.. although more issues arise, she has no (quoting from the site in pretext for tourist visa) "Evidence of funds to cover expenses in the United States,"(unless I loan it) no "That they have a residence outside the U.S. as well as other binding ties that will insure their return abroad at the end of the visit." (well she lives at home with 4 siblings in which she is being made to nanny for their illegitimate children) and lastly no "Evidence of compelling social and economic ties abroad," Does that mean compelling here? I doubt, in that case no she has none. (And no job with or without vacations, no kids, no celebrity status, no reason to seek refuge, no degrees)

So here is my real question, in the case of trying for "extreme hardship" on the K1 visa, what is the context; hardship for reasons that I could not have met her, hardship for reasons that would've erupted had we met prior, or hardship for if she is denied for reasons that will affect me now? (or her or both) Could it also possibly be all three reasons? And whatever the context does she also need her own reason(s) presented with mine in the petition? And/or presented at her embassy after approval? That's a load of questions I know, though I can't find any similar responses on the web. It rests in your hands, any advice, input, or reassurances would be greatly appreciated. Thanks a lot ahead of time! One more thing, I'm scared if I fail the first attempt is that my only chance to file for K1?

[Dakine 26]

The rule you have to have met in person in the last 2 years is pretty solid.

Over the last 5+ years I've seen one case that claimed they were successful without having met in person.

Your chances are VERY slim especially if you don't have money or the possibilty of making more in the future.

The chances of a filipina getting a tourist visa without evidence she has to return home are slim and none also.

Your best bet is to fly and meet her.

If you can't afford to it gets down to!

No money! No honey.

.

[Bobby+Umit 161]

I went through a lot of denials on the USCIS site - there was one where the guy gave the reason "disabled" for extreme hardship.

They didn't get it.

Your other reasons will probably not fly either.

I would also be concerned about your affidavit of support, do you make enough income to cover this process?

You can apply for the K-1 more than once, you just need to follow the IMBRA rules, as applicable - (ask for a waiver basically).

[Otto 83]

If I were forced to pick a context, I'd go with the handicap. Having said that, as stated above and probably every post to follow, the chances are slim to none of success with waiving the met-in-person requirement.

It may sound harsh, but it will very likely be the outcome.

[Boiler 44,855]

From my experience the Airlines are very good at dealing with people with disabilities.

[Shane0210 0]

Thank you for the quick responses. In response to Dakine, my potential for earning more relies on my partners extra set of brain, and limbs. Also i couldn't physically make it there, money isn't a concern. Responding to Bobby+Umit, I have family i live with would co-sign my affidavit of support, and in response to Otto und Karin, I wouldn't want to pick a context without covering the variables for each. And to Boiler, It's not only the flight issue.

[JimVaPhuong 4,863]

The basis for a waiver must be extreme hardship to the US citizen petitioner. They don't give a rat's hind quarters whether it's a hardship on the beneficiary.

A disability could be used a basis to apply for the waiver, but the disability would have to be so severe that it's virtually impossible for you to travel by any means; i.e., you would have to be incapacitated. You'd also have to demonstrate that it's virtually impossible for your fiancee to travel and meet you. Financial hardship is not a basis for a hardship waiver.

Be prepared - the denial rate for hardship waivers is extremely high.

[az110965 252]

The onbly way that I've known to avoid the meeting in person stipulation is that there has to be a religious or cultural reason not to have met personally within 2 years.

Extreme hardship to the US petitioner is what the USCIS states but they are pretty ambigious about the parameters to qualify. I would have to assume physical handicap is not going to meet the criteria due to airlines and hotels (even international companies) meeting the ADA requirements.

I believe that you'll have an uphill battle fighting the requirement for meeting in person.

[Shane0210 0]

The basis for a waiver must be extreme hardship to the US citizen petitioner. They don't give a rat's hind quarters whether it's a hardship on the beneficiary.

A disability could be used a basis to apply for the waiver, but the disability would have to be so severe that it's virtually impossible for you to travel by any means; i.e., you would have to be incapacitated. You'd also have to demonstrate that it's virtually impossible for your fiancee to travel and meet you. Financial hardship is not a basis for a hardship waiver.

Be prepared - the denial rate for hardship waivers is extremely high.

So I do also need a reason why she couldn't travel? I'm pretty certain I have a chance at the hardship but also with the issue I mentioned I doubt I she could get a tourist visa, but any suggestions for ways she could meet me? Sorry i know that's another board.

[Boiler 44,855]

So I do also need a reason why she couldn't travel? I'm pretty certain I have a chance at the hardship but also with the issue I mentioned I doubt I she could get a tourist visa, but any suggestions for ways she could meet me? Sorry i know that's another board.

A country you could travel to and she could get a visa to.

I thought Philippines did not accept co sponsors?

[az110965 252]

You're correct in the fact that she will not be able to obtain a tourist visa. From what you posted about your girlfriend (not employed, not owning real estate, noi ties to her home country, etc), she meets no criteria for being granted a tourist class visa.

Claiming hardship for your disability will prove very difficult - there are many disabled people traveling internationally thses days...

[~Johnny~ 27]

I would echo what has already been said. The airlines are pretty good at working with disabled travelers. Unless you were incapacitated and on life support, chances are slim you'd get them to allow this exemption. And her getting a tourist visa is a lost cause.

But the other issue has been touched upon which relates to financial responsibility. "Your" finances are the ones used as basis for the K1 Visa. The consulate DOES NOT caculate money that your fiance could make in 6-8 months after her arrival. It looks at money you've earned last year or two. I don't know how much disability you receive monthly/annually. Is it considered at 125% above the poverty level? The key factor here is that the US will not approve a K1 Visa if there is any hint that the beneficiary will become a burden on the federal government. Those are pretty straight forward rules that apply to everyone. You can go with a co-sponsor but I understand that it is a bit problematic with K1s and more accepted with post married visas (K3/IR).

You're best bet is to attemp the trip for a visit.

Edited February 15, 2010 by duplantisjj

[Otto 83]

I thought Philippines did not accept co sponsors?

Yes they do.

[Penguin_ie 5,992]

- She would need to proof she cannot visit you (ie applying and being denied a tourist visa, preferably multiple times).

- You need to proof you cannot visit her (letter from doctor you are unable to fly, not just now but for several years/ forever, even with a helper present, even with multiple stops to rest etc).

- You need to proof you cannot meet in a third country (for example. it may be easier for her to get a tourist visa to Canada or Mexico, and you could drive there).

All that being said, I have only ever seen one case where the meeting requiremewnt was waived, it is VERY difficult to get this one approved.

Edited February 16, 2010 by Penguin_ie

[Shane0210 0]

I would echo what has already been said. The airlines are pretty good at working with disabled travelers. Unless you were incapacitated and on life support, chances are slim you'd get them to allow this exemption. And her getting a tourist visa is a lost cause.

But the other issue has been touched upon which relates to financial responsibility. "Your" finances are the ones used as basis for the K1 Visa. The consulate DOES NOT caculate money that your fiance could make in 6-8 months after her arrival. It looks at money you've earned last year or two. I don't know how much disability you receive monthly/annually. Is it considered at 125% above the poverty level? The key factor here is that the US will not approve a K1 Visa if there is any hint that the beneficiary will become a burden on the federal government. Those are pretty straight forward rules that apply to everyone. You can go with a co-sponsor but I understand that it is a bit problematic with K1s and more accepted with post married visas (K3/IR).

You're best bet is to attemp the trip for a visit.

I'm dealing with a problematic hand, I would still try for the disability and the co-sponsor to exhaust my options. I would still like some tips to get us to qualify for a tourist visa if long term need, and leaving would be my last option. Thank you Penguin_ie , however is proof of being denied a tourist visa a valid reason? I may be in your 2nd range, and the 3rd is a tip, anything else though, however difficult? And for that tip, would you then marry in the third country and try K3, or try the K1? I would need a tourist visa too. 0