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SennaBrigante

Filing a K1 Application without an Important Pre-Requisite

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First of all, I'm not sure if I made the thread in the right section so please feel free to move it to where it should be.

Let me start off with a bit of a background (I'll keep it short ;) ). My fiance and I met online through a message board over a year ago and we knew that we wanted to take our friendship to the next level. We have the same goals in life and we settled into our roles fairly easily. We Skype EVERYDAY for at least 4 hours per day on the weekdays and almost all day during the weekends. We have screenshots, parcels, letters and we're looking into opening a joint bank account though it's hard since we're in different countries.

I know that one of the most IMPORTANT requirements in filing a K1 visa application is that we should have met physically in the past two years upon sending the application. This is a problem for us because a) he's on probation and can't even leave the county, let alone the country to come visit me here and b) I have been denied a tourist visa two years ago (before we became a couple) and my chances for getting approved now is pretty slim.

My question is, can an exemption be applicable for our case given our situation? Should we still go ahead and apply now and take our chances? What are the odds of us getting approved?

I really had no previous intentions to migrate to the US because I'm quite content with my life here in the Philippines and I like to be near my family. But since he can't come here to settle down and get married, I'm the one who has to go there to be with him. We did plan that once he gets off probation that we will come back here and this is where we'll be living for better or worse since this is really where I want to raise kids and start a family and he's 100% on-board with that plan.

I'm not sure if I left out any details or not so if anyone needs more information in order to give advice, just ask and I will provide as much information as I can.

Thanks in advance!

Married in Texas Sept. 16, 2013

Sent I-130 Nov. 3, 2013

Received NOA1 (email) Dec. 19, 2013

Requested Expedite Jan. 2, 2014

Approved Expedite Jan. 4, 2014

Case sent to NVC Jan. 15, 2014

Received NOA1 (mail) Jan. 22, 2014

NVC Received Case Jan. 27, 2014

Received NOA2 (mail) Feb. 25, 2014

NVC Assigned Case Number Mar. 11, 2014

Paid AOS Fee Mar. 29, 2014

Paid IV Fee Mar. 29, 2014

Submitted DS-260 Apr. 4, 2014

Mailed in IV packet Apr. 8, 2014

Submitted AOS packet Forgot the date

Case complete May 31, 2014

Medical Jun. 26, 2014

Interview Jul. 8, 2014

POE (LAX) Sept. 16, 2014

Paid ELIS May 16, 2015

Received GC May 23, 2015

I-751 Receipt Date July 5, 2016

ROC NOA July 15, 2016

I-751 Biometrics Aug. 5, 2016

ROC Approved Sept. 18, 2017
Received GC Sept. 25, 2017
 

CR1 Spousal Visa Guide

 

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Filed: Citizen (pnd) Country: Nigeria
Timeline

Unfortunately they won't make an exception for your situation. I suggest you wait until his probation is over and let him come visit you. He can spend the time getting his documents together. And depending on the crime, he will need court documents from police and court. You have to meet in person within 2 years of filing for k1. Anything older than 2 years will not count. I wish you luck.

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.

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Filed: Citizen (apr) Country: Ireland
Timeline

How long is his probation? If he cannot leave the country for another 10+ years, then you may have a (very slim) chance of getting approved for a physical meeting waiver, especially if you try again for a tourist visa and are again denied. But if his probation is up within a few years, then I agree with the above, no chance.

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

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Filed: AOS (apr) Country: Kenya
Timeline

My question is, can an exemption be applicable for our case given our situation?

No, you don't qualify for any of the exemptions.

Should we still go ahead and apply now and take our chances?

If you have money to burn, yes, if not, then no.

What are the odds of us getting approved?

99.9999% chance of denial.

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

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

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Filed: Citizen (apr) Country: Ukraine
Timeline

No.

If you file without meeting your case will be accepted for processing, they will cash your check, you will wait 6 months and then get an RFE for proof you have met in person. You cannot provide any but you will ask for a waiver. The waiver will be denied because probation is not even in the same galaxy as a valid reason and your petition will be denied some 8-10 months after filing and then you get to start over.

The chances of you getting approved without meeting in person are -0-

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

Gary And Alla

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