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Filed: Timeline
Posted

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.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

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. :thumbs: We are all on a visa journey.

Good luck.

YMMV.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: AOS (apr) Country: Venezuela
Timeline
Posted

Goo luck

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

Filed: Timeline
Posted

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.

Filed: Citizen (pnd) Country: Nigeria
Timeline
Posted

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.

08/01/12-Married08/17/12-Applied for Social Security Card09/23/12-Husband received his Social Security card!09/27/12-Filed AOS09/28/12-AOS package received10/01/12-Text message from USCIS10/03/12-Check cashed10/09/12-NOA1 for I485,I765,I131 AND Biometrics Appointment Letter10/24/12-Biometrics Appointment12/11/12-EAD and AP Approved-75 days12/14/12-EAD/AP Card Production ordered12/21/12-EAD/AP Card came in the mail06/22/13-Green Card Approved06/27/13-Greed Card Production Ordered06/29/13-Green Card came in the mail<p>

04/09/15-Mailed ROC

04/10/2015-Package received

04/14/2015-Check cashed

06/02/2015-Called Service Center (still no NOA1) Service request found out wrong address on paperwork! :(

06/03/2015-Called to get address updated Ar11 online add change didnt work-got infopass for June 10th

06/10/2015-Went to info pass appt. Hubby got a 1yr. Extension stamp in his passport and biometrics done

08/12/2015-ROC Approved. Got letter in the mail.

08/29/2015-received new card in the mail.

Filed: Timeline
Posted

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.

Filed: AOS (apr) Country: Australia
Timeline
Posted

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.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Filed: AOS (apr) Country: Kenya
Timeline
Posted

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.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

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.

This will not be over quickly. You will not enjoy this.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

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.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: K-1 Visa Country: Kazakhstan
Timeline
Posted

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.

dd/mm/yyyy K-1

01/03/2012 === I-129F sent via USPS

01/05/2012 === I-129F delivered to USCIS (PO BOX)

01/06/2012 === I-129F officially received by USCIS (Information from hard copy of NOA1)

01/09/2012 === I-129F official notice day (Information from hard copy of NOA1)

01/10/2012 === NOA1 received by Email. Case routed to California Service Center

01/13/2012 === I-129F official hard copy received from USCIS

03/29/2012 === I-129F touched.

06/11/2012 === I-129F Approved (157 days)

06/12/2012 === NOA2 received by Email.

06/12/2012 === I-129F touched.

07/02/2012 === I-129F touched. (I hope it is gong to NVC ;) ) (NOA2 approved for 2nd time)

07/06/2012 === 2nd NOA2 official hard copy received from USCIS. ( I am furious about getting my application approved for 2nd time. I wonder why they did it? )

07/05/2012 === NVC received

07/10/2012 === NVC left

07/16/2012 === Consulate received (via DHL tracking)

08/21/2012 === Inteview (Approved)

11/04/2012 === POE at Detroit

event.png

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

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?

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: AOS (apr) Country: Venezuela
Timeline
Posted

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: :dance: :dance: :dance:

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

 
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