K-1 Process using waiver 2 for the eligibility

[Kiv69 0]

Hello all VJ members,

My fiancee is a U.S citizen, we met online about 19 months ago although we started dating a month after. We have constantly kept in touch everyday since we started dating through skype calls/chats for several hours, gtalk chats, nimbuzz chat, phone calls and sms. We can present these evidence when needed and some other additional ones which might be needed. She has always had plans to come visit me where i live but due to some difficult conditions it hasn't worked and so we haven't met in person. After reading through the USCIS website (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD) about the requirement for eligibility for a K-1 visa some few days back, she has decided she wants to apply in accordance to exception number 2 and the last on the eligibility requirements which can be used as a waiver for the requirement of having met in person within the last two years. My question is; is there anyone out there that has used this exception as a waiver and was successful? Or what do you all think about this decision? do you think she will be successful using that exception as a waiver as long as she has proof to back it up? I'm curious because we really need each other side by side.

Any response will be highly appreciated. Thanks.

[Pitaya 2,577]

Hello all VJ members,

My fiancee is a U.S citizen, we met online about 19 months ago although we started dating a month after. We have constantly kept in touch everyday since we started dating through skype calls/chats for several hours, gtalk chats, nimbuzz chat, phone calls and sms. We can present these evidence when needed and some other additional ones which might be needed. She has always had plans to come visit me where i live but due to some difficult conditions it hasn't worked and so we haven't met in person. After reading through the USCIS website (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD) about the requirement for eligibility for a K-1 visa some few days back, she has decided she wants to apply in accordance to exception number 2 and the last on the eligibility requirements which can be used as a waiver for the requirement of having met in person within the last two years. My question is; is there anyone out there that has used this exception as a waiver and was successful? Or what do you all think about this decision? do you think she will be successful using that exception as a waiver as long as she has proof to back it up? I'm curious because we really need each other side by side.

Any response will be highly appreciated. Thanks.

You can go ahead and try that route. Just remember, you have to come up with the burden of proof of hardship, and their decision, while arbitrary, is final. If USCIS denies your petition due to denying your claim for a hardship extension, it may just add more time for visa to be processed. Use the forum search function to find any other past similar cases.

BTW, it likely goes without saying that most of us "really need each other side by side," or we wouldn't be enduring this bureaucratic visa process. We are all on a visa journey.

Good luck.

YMMV.

[skiptex 225]

Goo luck

[Kiv69 0]

Thank you for you fast response. I wanted to know if she could be successful but we will see. I know everyone on here are on a visa journey which is the right and only process and need their fiances(ees)/spouses side by side . Wishing we meet someone with case similar to ours it will be a great resource on how it goes. Again, thanks for your response.

[feli114 65]

My advice would be to err on the side of caution and figure a way for her to come and visit you. Yes I know its expensive, but it would look a whole lot better to uscis. Good luck with whatever you choose to do.

[Kiv69 0]

My advice would be to err on the side of caution and figure a way for her to come and visit you. Yes I know its expensive, but it would look a whole lot better to uscis. Good luck with whatever you choose to do.

Thank you. We have been thinking this out.

[Xanax 349]

Is there anyway she can visit you?

If she is planning to immigrate it might be best she does visit so she knows what to expect and it isn't a huge shock when she arrives for good and for the first time. I assume it will be a stressful time once you and your love are united, you have to worry about health insurance, living arrangements and a multitude of things.

[belinda63 3,052]

Waivers are very rarely granted. She will have to prove that not only could she not travel to your country nor you to the US but that also you could not meet in a third country. This waiver is almost never granted.

[baron555 934]

Waivers are very rarely granted. She will have to prove that not only could she not travel to your country nor you to the US but that also you could not meet in a third country. This waiver is almost never granted.

This is correct. I see no hardships or religious reasons why you two can't meet in person. Sorry but there are sacrafices to be made.

[NigeriaorBust 4,087]

They almost never alllow a waiver for this requirement. You have to prove that there is no way for either of you to get to the same place. One disabled person was told they should travel by boat when they had proof flying was out. There is no VJ couple I am aware of that has gotten this requirement waived. If you file and seek this waiver and deny it you are out your money and will have to meet to fulfill the requirement before submitting a petition again. You will lose both time and money.

[Penguin_ie 5,997]

I've only seen two waivers upheld: one where the petitioner was bedbound and unable to leave his house, let alone travel, and the beneficiary applied for several tourist visas over several years and was always denied, and one where the couple were from some small religious group that had rules that the couple may not meet, even with a chaperone present.

As it stands now, I cannot see a way for your waiver to get approved. You have not tried to get a tourist visa, and it doesn't sound like you looked into meeting in a third country, plus you "only" met 19 months ago, so maybe if you wait another year ior two, she can travel to see you. If you apply for the K1 and waiver, you will loose both time and money.

[ffp 2]

I agree with all people who say you will not get it. Due that fact that it can be approved on religion ground where you can not meet her in person before you marry.

[Gary and Alla 3,694]

Hello all VJ members,

My fiancee is a U.S citizen, we met online about 19 months ago although we started dating a month after. We have constantly kept in touch everyday since we started dating through skype calls/chats for several hours, gtalk chats, nimbuzz chat, phone calls and sms. We can present these evidence when needed and some other additional ones which might be needed. She has always had plans to come visit me where i live but due to some difficult conditions it hasn't worked and so we haven't met in person. After reading through the USCIS website (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD) about the requirement for eligibility for a K-1 visa some few days back, she has decided she wants to apply in accordance to exception number 2 and the last on the eligibility requirements which can be used as a waiver for the requirement of having met in person within the last two years. My question is; is there anyone out there that has used this exception as a waiver and was successful? Or what do you all think about this decision? do you think she will be successful using that exception as a waiver as long as she has proof to back it up? I'm curious because we really need each other side by side.

Any response will be highly appreciated. Thanks.

You are not eligible to even file for a petition until you meet in person. No waiver would apply to you. Any attempt at a waiver will take longer and cost more than just having her visit. How did you "date" if you never met?

[Ivie & Eguagie 119]

Thank you for all the advice given. We have decided to meet in person to start this process off right. Once again thank you. Well be going very soon.

[skiptex 225]

Thank you for all the advice given. We have decided to meet in person to start this process off right. Once again thank you. Well be going very soon.

:dance: :dance: :dance: