Hardship for meeting within 2 years

[Yodrak 7]

rebeccajo,

Disabled people (including disabled severely enough so as to be unable to travel long distances) can nevertheless get an income from any number of sources, or have assets. The income requirements for sponsoring a alien are really quite low.

On the order of 2 years ago I recall a poster - I don't think it was on VJ - who successfully requested a waiver of the application fees on the basis that he couldn't afford to pay them, and then adjusted successfully. One of life's many mysteries.

Yodrak

....

As far as a medical condition goes, that's a tough one. In my mind it's a snowball sort of scenario. I wonder how someone who might be so debilitated that they could not travel could meet the support obligations of AOS. My scope of knowledge doesn't go that far to any examples. I mean, in theory one can get approved at the service center and consulate levels, be granted the visa, travel here, marry but be denied AOS because of support issues.

My only firm opinion about medical conditions is that waivers should never be granted for medical conditions that are considered psychological.

Financial hardship is a bunk excuse as well, in my book. If you can't afford to travel to meet, you can't afford to bring someone here.

Edited September 22, 2006 by Yodrak

[Yodrak 7]

john,

Use Google to search the Usenet newsgroup <alt.visa.us.marriage-based>. I know you'll find 1 success, around the summer-fall period of 2003, by a poster named farhan citing religious and cultural reasons in Pakistan. His was a very controvertial case, both before and after the waiver was granted.

I doubt you'll be able to put together much of a collection.

Yodrak

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?

[heishe 2]

I've read through most of the appeal decisions on the USCIS website, and none of them that I've seen have found sufficient hardship to waive the meeting requirement. When people say they don't have enough money or can't get the time off work, USCIS says this is not "extreme" hardship because most everyone who has a fiance abroad has to deal with these issues. When people claimed they couldn't meet because of cultural precedent (Muslim in all cases) this too was denied; the USCIS apparently has an advisor on these matters that says in strict Islamic tradition the boy and girl are not supposed to date or meet each other but can SEE each other in the presence of their parents. All of the medical reasons I saw were denied too, but maybe some people got through without having to file appeal.

[john_and_marlene 162]

My hope in bringing this up again was that anyone considering it should at least look at the historical evidence before wasting their time, energy and money. If nothing else, spend an evening going through the appeal decisions to see what didn't work--there are many appeal denials and they cover a variety of circumstances. The research won't cost anything and could certainly put someone on a more successful, informed path. If they still want to attempt it, try to find an immigration attorney that has been successful with at least 1 of these cases--the search for this alone might be very revealing. At a minimum, a consultation with an experienced immigration attorney should be sought before making the attempt.

I'd like to see this pinned in the K1 section to inform anyone who might be thinking it's something that is easily done.

[Arazia 0]

Related: What was the link to the list of appeals/decisions that people are talking about? I saw it once but I can't seem to find it again.

[rebeccajo 14]

rebeccajo,

Disabled people (including disabled severely enough so as to be unable to travel long distances) can nevertheless get an income from any number of sources, or have assets. The income requirements for sponsoring a alien are really quite low.

On the order of 2 years ago I recall a poster - I don't think it was on VJ - who successfully requested a waiver of the application fees on the basis that he couldn't afford to pay them, and then adjusted successfully. One of life's many mysteries.

Yodrak

Oh yeah, I agree absolutely about the income for the disabled. No question about that. And yes the income requirements are low. I agree.

I might step on some toes here and I sure don't mean too. But we've all heard of individuals who manage to get themselves declared 'disabled' and gain the public assistance that goes along with that. Some (NOT ALL BY ANY MEANS) of these individuals have an 'entitlement' mentality and may file a visa petition believing that since it worked once with the government, it might work again.

I'm not meaning to stereotype or generalize. Just thinking aloud about some of those 'life mysteries' we've all heard about.

[heishe 2]

http://www.uscis.gov/graphics/lawsregs/adm...c3/d6/index.htm

Sometimes they neglect to edit out personal information from the text of the decision! It's so sloppy!

Related: What was the link to the list of appeals/decisions that people are talking about? I saw it once but I can't seem to find it again.

Edited September 22, 2006 by heishe

[rebeccajo 14]

I'd like to see this pinned in the K1 section to inform anyone who might be thinking it's something that is easily done.

Absolutely agree.

[meauxna 15]

I'd like to see this pinned in the K1 section to inform anyone who might be thinking it's something that is easily done.

Absolutely agree.

Do *that* many people (from here) try it?

[heishe 2]

I'd like to see this pinned in the K1 section to inform anyone who might be thinking it's something that is easily done.

Absolutely agree.

Do *that* many people (from here) try it?

I don't think so!

[rebeccajo 14]

I'd like to see this pinned in the K1 section to inform anyone who might be thinking it's something that is easily done.

Absolutely agree.

Do *that* many people (from here) try it?

I don't think so!

No but one just caused enough stir around here to make me think it might be noteworthy - if not pinned then maybe somewhere else in the guides.

[motu 5]

I thought some muslims have gotten away with it (from India/Pakistan etc.) but do not know of any specific cases. However there are easy examples of people not being able to meet - consider that many areas are in the war zone (Iraq has been for several years) or are in war-like areas and the foreigners are not issued visitors visas by the US consulate. I assume they are not part of the VJ community and therefore no posts have appeared here relating their cases. It will make for interesting reading if they post.

[sarah and hicham 3]

I thought some muslims have gotten away with it (from India/Pakistan etc.) but do not know of any specific cases. However there are easy examples of people not being able to meet - consider that many areas are in the war zone (Iraq has been for several years) or are in war-like areas and the foreigners are not issued visitors visas by the US consulate. I assume they are not part of the VJ community and therefore no posts have appeared here relating their cases. It will make for interesting reading if they post.

Sometimes people meet in a third country such as Egypt if they are from the Middle East. I know of several people who have met in a more neutral country instead of going to the homecountry of their fiance(e).

[heishe 2]

There's one involving Iraq on the USCIS appeals page - it was denied. USCIS thinks they should have tried to meet in a neighboring country or something. When people can't get visas to visit the US and the US citizen can't get to the fiance's country, USCIS expects them to try meeting somewhere else.

I thought some muslims have gotten away with it (from India/Pakistan etc.) but do not know of any specific cases. However there are easy examples of people not being able to meet - consider that many areas are in the war zone (Iraq has been for several years) or are in war-like areas and the foreigners are not issued visitors visas by the US consulate. I assume they are not part of the VJ community and therefore no posts have appeared here relating their cases. It will make for interesting reading if they post.

[Ladylethal 12]

I've read a bunch of the decisions, and have yet to see an approval for a hardship.