Anyone applied K1 without meeting each other in 2 yrs

[GGT 0]

I am basically from india living abroad. My fiance is a u.s citizen. we got engaged 6 months back but we were not present there. As parents decided it was arrange marriage. we have snaps of that. even where they performed ceremony in hotel.

After tat emails nd phone bills we have.

Can v apply fiance visa with taking this waiver???

has anyone done it?

we wanna do it bcoz v have six months still for marriage in india nd if v go for k-3 it will delay d things later

so v r confused.

has anyone applied like this.

reply pls

thanks in advance

[The Molinas 0]

U cannot apply for a K1 Visa if you two haven't met in the last 2 years.

[Kez/JWolf 6]

You have to have met in person within the last 2 years.....

Kezzie

[Mew 0]

Exceptions to the 2-year rule are:

The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice; or

It is established that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

- Item 1.B of I-129f instructions

Does this apply to your situation? If so, then the 2-year rule can be disregarded. If not, you have to meet the petitioner in person and comply with the rule.

Edited September 11, 2006 by Mew

[bebop + rocksteady 0]

Unless you can overcome the burden of proof when it comes to explaining the cultural reasonings. The only example I can think of is if certain cultures the bride and groom aren't supposed to have met prior to the ceremony.

If you download the I-129f form, it mentions briefly the criteria for not needing to meeting within 2 years in the instructions.

Cass (bebop the great)

EDIT: Mew just posted the criteria I was referring to.

You have to have met in person within the last 2 years.....

Kezzie

Edited September 11, 2006 by bebop + rocksteady

[Jenn! 918]

U cannot apply for a K1 Visa if you two haven't met in the last 2 years.

Not entirely accurate. From the I-129F, you may file if:

You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States, and are both free to marry, and have met in person within two years before your filing of this petition unless:

The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice; or

It is established that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

However, as far as I know, it is very difficult to prove one of the above reasons for not meeting to USCIS.

Does this apply to your situation? If so, then the 2-year rule can be disregarded. If not, you have to meet the petitioner in person and comply with the rule.

Even when people think that these exceptions apply to their situation, USCIS rarely agrees.

[Mew 0]

U cannot apply for a K1 Visa if you two haven't met in the last 2 years.

Not entirely accurate. From the I-129F, you may file if:

You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States, and are both free to marry, and have met in person within two years before your filing of this petition unless:

The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice; or

It is established that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

However, as far as I know, it is very difficult to prove one of the above reasons for not meeting to USCIS.

Does this apply to your situation? If so, then the 2-year rule can be disregarded. If not, you have to meet the petitioner in person and comply with the rule.

Even when people think that these exceptions apply to their situation, USCIS rarely agrees.

Right. So theoretically, one can show that one of the exceptions apply. If they will be successful in doing that... that's another story. Right?

[I'm Gone 60]

I remember one person on here claiming that his petition had been approved without having met, but never heard if the visa was issued.

Even if the petition would be approved without having met you still need to convince the embassy that the relationship is on the level and I would think that would be rather hard with never having met.

[The Molinas 0]

I am basically from india living abroad. My fiance is a u.s citizen. we got engaged 6 months back but we were not present there. As parents decided it was arrange marriage. we have snaps of that. even where they performed ceremony in hotel.

After tat emails nd phone bills we have.

Can v apply fiance visa with taking this waiver???

has anyone done it?

we wanna do it bcoz v have six months still for marriage in india nd if v go for k-3 it will delay d things later

so v r confused.

has anyone applied like this.

reply pls

thanks in advance

I don't understand that part.

[desert_fox 32]

U cannot apply for a K1 Visa if you two haven't met in the last 2 years.

Not entirely accurate. From the I-129F, you may file if:

You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States, and are both free to marry, and have met in person within two years before your filing of this petition unless:

The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice; or

It is established that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

However, as far as I know, it is very difficult to prove one of the above reasons for not meeting to USCIS.

Does this apply to your situation? If so, then the 2-year rule can be disregarded. If not, you have to meet the petitioner in person and comply with the rule.

Even when people think that these exceptions apply to their situation, USCIS rarely agrees.

Right. So theoretically, one can show that one of the exceptions apply. If they will be successful in doing that... that's another story. Right?

The only exception to this rule that I have ever seen was due to medical reasons...the person was on kidney dialysis and couldnt fly.

I know of no culture in the world that does not allow two ppl to meet before getting married. Even ppl I know from India that are in arranged marriages were still allowed to meet and date before getting married. I would not think that you could ever overcome this rule and you will just waste time for a year if you try. Other ppl here have tried, and all have been denied.

[meauxna 15]

I am basically from india living abroad. My fiance is a u.s citizen. we got engaged 6 months back but we were not present there. As parents decided it was arrange marriage. we have snaps of that. even where they performed ceremony in hotel.

After tat emails nd phone bills we have.

Can v apply fiance visa with taking this waiver???

has anyone done it?

we wanna do it bcoz v have six months still for marriage in india nd if v go for k-3 it will delay d things later

so v r confused.

has anyone applied like this.

reply pls

thanks in advance

you've asked these kinds of questions before, but you still have never said: where do you live now?

You might have other options than the K-1 or DCF in India.

[William33 110]

Alternative to the above, make a point to meet in person, before filing.

[maya62 7]

If you take a look at these past decisions by USCIS on appeals, you will find many appeals of denials where the couple had apparently not met within the two years prior to filing the I-129F. Some tried to appeal based on hardship or the assertion that meeting would violate their custom or religion. The overwhelming majority of these appeals were denied.

Have a look... once you get used to the pattern, and how to pick out the relevant parts, it is kind of interesting, imho.

Best wishes, and I hope the marriage turns out to be everything you hope it will be.

Maya

Edited to add the link (duh!) http://www.uscis.gov/graphics/lawsregs/admindec3/d6/index.htm

Edited again to apologize... sorry I don't know how to make that an active link!

Edited September 11, 2006 by maya62

[GGT 0]

THANKS FOR THE REPLIES

Right now im in lagos??

BUT IF SHE COMES HERE FOR A DAY OR TWO?

THEN CAN WE GO AHEAD WITH K1?

REGARDING DCF, IM LITTLE HESITANT NOW, AS NEW DELHI CHANGD RULES, ND FOR A USCITIZEN IT IS DIFFICULT TO GET A EMPLOYMENT VISA THERE.

GGT

[michellek1976 0]

Alternative to the above, make a point to meet in person, before filing.

I agree with William. I think you would be wise to take the time to meet in person. USCIS does not give out waivers or expedition requests easily. And it would appear you are doing it for convenience and speed rather than cultural reasons. USCIS would probably make the same assumptions .

Good luck.