need help

[Nagishkaw 510]

finally I received the letter requesting an RFE. Because we are filing a hardship case, my question is, do I submit my evidences, then request a waiver, or do i request the waiver first, the once I receive that, send in the evidences along with the cheque and waiver? how do I know I even need a waiver? I feel so utterly stupid. I would call USCIS, but we all know what big help they are. Answers from anyone who would know what I should do will be appreciated. Thanks.

[vartan 0]

what is your RFE requesting actually?

[Nagishkaw 510]

i am assuming they want me to prove the hardship for the requirement of nothaving met in the last 2 years. We could not do this, so I will be submitting the proof as to why we couldnt. I just dont understand if I need to request a waiver accompanied with this proof, or just flat out not send the proof first and request the waiver...get what I mean?

[Ladylethal 12]

Hmmm, I´m not sure I understand you. Why would you file a waiver? Is it requested in a hardship case?

If they asked for evidence for the hardship, you need to submit that and wait for their decision.

[Nagishkaw 510]

ok thanks, but they said we have to request a waiver in writing. I'm thinking, well, how do I know I even need one ? i have a lot of evidence to submit. They could be satisfied with that so No waiver would be required. really, all this behoves me.

[vartan 0]

so the rfe says you need to send proof of the hardship and the waiver?

[Ladylethal 12]

If that is the case you need to send a waiver, why don´t you call USCIS and ask what is this waiver about? Or go the waiver forum and see if anybody can help you there.

[Nagishkaw 510]

ok, wil do. The letter states : In order for this petition to be approved, it must be established that the petitioner and beneficiary have met in person and/or have been in each others physical presence at any time during the two-years immediately preceeding the filing of this petition. THIS REQUIREMENT MAY BE WAIVED IF IT IS DEMONSTRATED THAT THIS REQUIREMENT WOULD RESULT IN EXTREME HARDSHIP TO THE PETITIONER OR WOULD VIOLATE THE BENEFICIARYS STRICT AND LONG-ESTABLISHED CUSTOMS, FOREIGN CULTURE OR SOCIAL PRACTICES. TO WARRENT A WAIVER BECAUSE OF EXTREME HARDSHIP TO THE PETITIONER, THE PETITIONER MUST REQUEST SUCH A WAIVER IJ WRITING AND MUST ALSO SUBMIT EVIDENCE THAT INCLUDES, BUT IS NOT LIMITED TO AFFIDAVITS AND/OR DOCUMENTATION FROM DOCTORS, EMPLOYERS, ETC. ....

to warrent a waiverbecause of a claim that this requirement would violate the bebeficiarys strict and long established customs, foreign culture or social practices, the petitioner must request such a waiver in writing and must also submit evidence to establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice.

Me, the petitioner is the one who has the hardship, not my fiance.

[ready4ONE 5,400]

ok, wil do. The letter states : In order for this petition to be approved, it must be established that the petitioner and beneficiary have met in person and/or have been in each others physical presence at any time during the two-years immediately preceeding the filing of this petition. THIS REQUIREMENT MAY BE WAIVED IF IT IS DEMONSTRATED THAT THIS REQUIREMENT WOULD RESULT IN EXTREME HARDSHIP TO THE PETITIONER OR WOULD VIOLATE THE BENEFICIARYS STRICT AND LONG-ESTABLISHED CUSTOMS, FOREIGN CULTURE OR SOCIAL PRACTICES. TO WARRENT A WAIVER BECAUSE OF EXTREME HARDSHIP TO THE PETITIONER, THE PETITIONER MUST REQUEST SUCH A WAIVER IJ WRITING AND MUST ALSO SUBMIT EVIDENCE THAT INCLUDES, BUT IS NOT LIMITED TO AFFIDAVITS AND/OR DOCUMENTATION FROM DOCTORS, EMPLOYERS, ETC. ....

to warrent a waiverbecause of a claim that this requirement would violate the bebeficiarys strict and long established customs, foreign culture or social practices, the petitioner must request such a waiver in writing and must also submit evidence to establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice.

Me, the petitioner is the one who has the hardship, not my fiance.

As I understand it, this will be the hardest thing to aquire for a K-1. Answer them as honestly and completely as you can why you have not and can not visit her. Good luck! Having met in the last two years is one of the biggest things to prove during the initial K-1 visa process.

Beg, borrow or steal, but you might have to figure out some way to visit her and perhaps refile after that!

Good luck though, perhaps they will find some mercy and grant a waiver. Is your basis for not going to visit her medical? If so, make that clear and get documentation from your doctor about being unable to travel!

[Nagishkaw 510]

that is correct, its medical, and I have tons of documents and letters. just to clear up the confusion, i am the 'her' and my fiance is the 'him' .

so i am ASSuming i send in just the evidences first? I can do that Monday mourning ( morning ). I have been ready for these tards...i had to occupy myself somehow during this gargantuan wait.

[ready4ONE 5,400]

that is correct, its medical, and I have tons of documents and letters. just to clear up the confusion, i am the 'her' and my fiance is the 'him' .

so i am ASSuming i send in just the evidences first? I can do that Monday mourning ( morning ). I have been ready for these tards...i had to occupy myself somehow during this gargantuan wait.

Ok! Well I am guessing that if you have medical documentation preventing travel that would be one reason for them to grant a waiver.

Good luck!

[Nagishkaw 510]

God bless everyone who helped me in my plight here. I feel like a total moron. So I don't request a waiver, just simply submit my evidences, correct? If the officers deem it nesessary, they will send me a waiver, right?

[Kathryn41 3,205]

The way I read this, I think they want you to send in a written request like a letter saying (for example only) something like " I respectfully request that you waive the requirement for my fiance and I to have met in person during the last two years due to medical hardship. The medical reason is ***************. I am enclosing evidence from my doctors, from (any other evidence you have), etc. in support of my request. If there is a specific hardship waiver form you wish me to use would you please send me a form or direct me to where I can obtain one; otherwise, please consider this letter my formal request for a hardship waiver of this particular condition. Thank you for your consideration of my request."

Now, this is just my suggestion. I don't know if there is a specific waiver form for this or not since I suspect there would not be very many requests for exemption from this condition; there may not be an actual form and a letter requesting the waiver may very well be what they expect. Perhaps zyggy has some more clarification on this, but from the wording in your RFE that is what I got .

So, send in both the request for the waiver and all of the evidence you have in support of your request. Good luck!

Edited August 19, 2006 by Kathryn41

[Boiler 45,496]

The medical eveidence and circumstances would need to be very compelling.

I have seen this posted a few times, but never one that succeded.

Which of course does not mean they do not happen. Just very rarely.

May stand a better chance if the last time you met was just over 2 years ago and there are very compelling reasons why you have not been able to meet since.

[gugu24 0]

There are only few medical reasons which make you to stop from traveling. The final month or pragnancy. Rehabiliation in which you have to visit a dr everyday or every few days. rest desease wont be considered dangrous for your health in case of traveling.

if i am not wrong you are from egypt(muslim country) then i can suggest you one thing. prepare an affadavit from boht the families mentioning we are completely in agreement on this coming marriage but since our religion has some restrictions on meeting between girl and a boy so its not possible to have some physical meeting. remmember thats the reason that in K-1 application form they have mentioned about the social bindings clause.