Lost in the Maze, please give me ideas.

[Quinn134 0]

I met my Gala about four years ago, we were just friends at first, but after a while we both fell in love with each other and correspond by all means possible, phone, email, cam, exchanged gifts at holidays. We average about four emails a day to each other.

I asked her to marry me and we started the K1 process. So far, we are at the point of her going to get a visitors visa and being denied because she

has a fiancee in America. I am under doctors orders to not travel, and had him write a letter to present to California. So, I can not go there, she can not come here and it seems like a catch-22.

I am about to write a letter to Uscis, showing the refusal of the travel visa, and the letter showing my restrictions to not travel in hopes we can get by the first meeting they so vehemently require.

We have done just about everything to get to know each other. I have talked to her more that I talked to my previous wife of 20 years. I have no doubts what so ever that this lovely woman will be the dream wife I have always sought.

But what to do. She was told at the consulate that without the first meeting, nothing else matters. Is it possible our government refuses to move into

the electronic age because of out dated and archaic restrictions.

I am not sure what to do, but I know I will immigrate to Russia and live with her there if I have to. I have bought a house, excellent transportation,

and can give her a good liffestyle. I did it all for her, I have no other reason to do these things if not for her.

She is the most precious thing in my life, yet our government wants us to meet once, or the whole deal is nill.

Got any suggestions??

I am about bald from pulling my hair out over this. I did not think love would have to pass such stringent examination.

Please, give me some guidance,

Thanks

Marc

[L_n_O 3]

uh, she has a fiance in the US?

[JenT 0]

uh, she has a fiance in the US?

Uh, yes.... he proposed to her, so that makes him her fiance.

[TimsDaisy 0]

I'm sorry for your frustrations with the process - I know it isn't easy.

I don't happen to think the requirement for an in-person meeting is too outlandish or outdated.

And you definitely need to expand on that fact above about her having a fiancee here already. Why is she denied a visa?

Unfortunately right now it seems the answer to all your questions is a resounding "no" - not too many suggestions for avoiding the sole real requirement to file a I-129F. Can you meet in the middle somewhere? Can she get a visitor visa to another country that might be easier for you to get to? Canada? Mexico?

[Sinergy 3]

uh, she has a fiance in the US?

pls tell me you are joking!

call uscis ask them what the requirment is for this, you can also seek the advice of a lawyer. Good Luck

Edited June 26, 2007 by Ionescu

[TimsDaisy 0]

uh, she has a fiance in the US?

Uh, yes.... he proposed to her, so that makes him her fiance.

oh, you're right. it didn't read that clearly for me - but you're right.

[Dan J 277]

Are you able to travel to Canada or Mexico? Its possible that your fiancee may have an easier time getting a tourist visa to those countries.

[YuAndDan 153]

You will have to prove extreme hardship:

I-129F Instructions:

Page 2

7. What Documents Do You Need to Prove That You Can Legally Marry?

A. Provide copies of evidence that you and your fiancé(e) have personally met within the last two years; or if you have never met within the last two years, provide a detailed explanation and evidence of the extreme hardship or customary, cultural or social practices that have prohibited your meeting;

http://www.uscis.gov/files/form/I-129F.pdf

[L_n_O 3]

I asked her to marry me and we started the K1 process. So far, we are at the point of her going to get a visitors visa and being denied because she has a fiancee in America.

What's her original country? Where is she engaged to this other guy? Is she going to end things off with him?

Why does she have two men!!

so confused.

[JenT 0]

A medical reason for not traveling is not considered 'extreme hardship' as far as I know, which is what you would have to prove to circumvent the "must have met in person" rule.

You'll have to find a way to meet her in person before you can file, unless you can prove extreme hardship. I don't know of any cases here at VJ where an extreme hardship claim was successful.

I asked her to marry me and we started the K1 process. So far, we are at the point of her going to get a visitors visa and being denied because she has a fiancee in America.

What's her original country? Where is she engaged to this other guy? Is she going to end things off with him?

Why does she have two men!!

so confused.

Oh for crying out loud. Re-read the original post.

[featherB 1]

I did not think love would have to pass such stringent examination.

USCIS aren't that bothered about 'love', but I don't think the basic requirements for filing an I-129F petition are especially stringent - requiring the USC petitioner to have actually MET the person they're filing for is hardly outrageously strict.

How long are you under doctor's orders not to travel? Presumably not forever, or you wouldn't be able to consider moving to Russia if all else fails... is there any way you could make it over there to see her in the not-too-distant future? Or, as Daisy suggested, would she be able to get a visitor visa to Canada or Mexico? Might be easier than a US one, and would involve less travel for you.

From everything I've read, being able to satisfy the 'meeting in person in the two years prior to filing' requirement would be an infinitely better option than trying to get USCIS to waive it - it may be possible, I don't know... but I don't know whether they would waive it in cases where the couple have NEVER met, as opposed to merely not having spent time together during that two year period - and even then, it sounds like the waiver is ver, very hard to get.

(edited to add... getting the I-129F approved is just one step - even IF you got the 'meeting in person in the last two years' requirement waived, she would then have to go through the K-1 application process and convince the Consulate in Moscow to grant her a visa. I'm guessing that would be incredibly hard to do if the two of you have not spent time together in the interim... so if there is ANY way you can travel to meet her, or that she can come to Canada or Mexico, you really need to sort it out... I don't know what chance, if any, there is, of getting a fiancee visa for someone you haven't met unless for very clearly defined cultural reasons, which this case wouldn't fit. Someone else may know!)

Good luck.

Edited June 26, 2007 by featherB

[Sinergy 3]

I asked her to marry me and we started the K1 process. So far, we are at the point of her going to get a visitors visa and being denied because she has a fiancee in America.

What's her original country? Where is she engaged to this other guy? Is she going to end things off with him?

Why does she have two men!!

so confused.

hes talking about himself in the 3rd party!!!!!

[pushbrk 12,569]

A medical reason for not traveling is not considered 'extreme hardship' as far as I know, which is what you would have to prove to circumvent the "must have met in person" rule.

You'll have to find a way to meet her in person before you can file, unless you can prove extreme hardship. I don't know of any cases here at VJ where an extreme hardship claim was successful.

I asked her to marry me and we started the K1 process. So far, we are at the point of her going to get a visitors visa and being denied because she has a fiancee in America.

What's her original country? Where is she engaged to this other guy? Is she going to end things off with him?

Why does she have two men!!

so confused.

Oh for crying out loud. Re-read the original post.

Ok, for about the 4th time, the OP is the fiance in the US. There is no other guy. Beyond that, it would seem you could get the hardship waiver if anybody could. First though, I would see about meeting in Canada or Mexico. I don't know where you live but both are reasonably drivable if your limitation is flight. If your limitation is more severe then the hardship is too.

[featherB 1]

A medical reason for not traveling is not considered 'extreme hardship' as far as I know, which is what you would have to prove to circumvent the "must have met in person" rule.

You'll have to find a way to meet her in person before you can file, unless you can prove extreme hardship. I don't know of any cases here at VJ where an extreme hardship claim was successful.

I asked her to marry me and we started the K1 process. So far, we are at the point of her going to get a visitors visa and being denied because she has a fiancee in America.

What's her original country? Where is she engaged to this other guy? Is she going to end things off with him?

Why does she have two men!!

so confused.

Oh for crying out loud. Re-read the original post.

Ok, for about the 4th time, the OP is the fiance in the US. There is no other guy. Beyond that, it would seem you could get the hardship waiver if anybody could. First though, I would see about meeting in Canada or Mexico. I don't know where you live but both are reasonably drivable if your limitation is flight. If your limitation is more severe then the hardship is too.

... and if you tried, and failed, to get her a visa for Canada or Mexico, then that would at least show that you have tried every possible avenue if you apply for the waiver...

[YuAndDan 153]

I did not think love would have to pass such stringent examination.

(edited to add... getting the I-129F approved is just one step - even IF you got the 'meeting in person in the last two years' requirement waived, she would then have to go through the K-1 application process and convince the Consulate in Moscow to grant her a visa. I'm guessing that would be incredibly hard to do if the two of you have not spent time together in the interim... so if there is ANY way you can travel to meet her, or that she can come to Canada or Mexico, you really need to sort it out... I don't know what chance, if any, there is, of getting a fiancee visa for someone you haven't met unless for very clearly defined cultural reasons, which this case wouldn't fit. Someone else may know!)

Good luck.

True, Russia is considered to be one of the countries with the most cases of visa fraud, so the consular officers give cases a higher degree of scrutiny, so if the USCIS were to accept the waiver, the consulate can always shoot the case down, and send it back to USCIS. Edited June 26, 2007 by YuAndDan