K-1 Visa while Disabled

[Houstontx 1]

I am a disabled man who wants to marry an Ethiopian woman. I have a C4/C5 spinal cord injury and really can't fly to see her. I work for the Federal Government(SSA) and make well beyond the income requirments. We talk on the phone and Skype all the time but, I have not met her in person. I completed a K-1 visa and it was sent to the Vermont Service Center. Will it be denied or Do I have a fighting chance?

[Robby999 1,024]

Here read this it might answer your question! http://www.visajourn...content/k1guide

[KayDeeCee 4,896]

You did not meet in person within the 2 years prior to filing the petition so it will be denied. You would need a hardship waiver to prove there was no way possible for the 2 of you to meet in person, in any way, anywhere at all. Here is another recent thread on this topic: http://www.visajourney.com/forums/topic/392536-i-am-a-disabled-us-man-is-a-wavier-possible/

[Houstontx 1]

Here read this it might answer your question! http://www.visajourn...content/k1guide

Thank you

You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen.

Does this apply to me? How can I get this waived?

[Moomin 292]

Flying isn't the only way of meeting. Ethiopia and the US aren't the only countries to meet in.

In the few instances USCIS grant a waiver for the meeting in person requirement, it is mostly due to religious beliefs.

Even if USCIS approves a petition without having met, the next step is convincing the embassy of your relationship.

It's not because I want to be tough on you or anything like that. I know that your injury makes it harder to get by in life. Facts are though, that it is not impossible to meet your fiancee. And that is how USCIS will look at your petition. Some couples meet in a 3rd country, some go on a cruise.

EDIT: Just exactly how you waive the requirement is by it being impossible for either you to travel or her. You will have to submit evidence of the extreme hardship.

Edited October 5, 2012 by moomin

[Houstontx 1]

Flying isn't the only way of meeting. Ethiopia and the US aren't the only countries to meet in.

In the few instances USCIS grant a waiver for the meeting in person requirement, it is mostly due to religious beliefs.

Even if USCIS approves a petition without having met, the next step is convincing the embassy of your relationship.

It's not because I want to be tough on you or anything like that. I know that your injury makes it harder to get by in life. Facts are though, that it is not impossible to meet your fiancee. And that is how USCIS will look at your petition. Some couples meet in a 3rd country, some go on a cruise.

EDIT: Just exactly how you waive the requirement is by it being impossible for either you to travel or her. You will have to submit evidence of the extreme hardship.

Thanks for the truth. I hope it works out. I can prove I am unable to travel long distances.....Do you know anyone personally with this issue?

[djricky4 67]

YOU NEED TO MEET PHYSICALLY WITHIN THE LAST 2 YEARS...if not, its a 99.9% chance that it will be denied.

[NigeriaorBust 4,087]

You can probably prove that you can't make it there to meet here. That is half the battle. Has she appied for a visa to the US ? You would have to show denial for this also at a minimum. You may have to show that she is also denied to Canada/Mexico and if you could cruise the the Bahamas and such that she is unable to go there. It will slow you up a bit but you can work on all the denials at once. They might ask for more than one denial , especially for the US and Canada.

[LIFE'SJOURNEY 970]

The issue would be you need to prove you are unable to travel at all. You can travel short distance in periods of time to make up gfor the long distance.

Such as example, the Queen Mary Cruise ship travels to many points in Europe, the other party maybe able to travel to a mi point to reach you.

You much prove that this possibility can not happen.

[Penguin_ie 5,997]

Unless she has applied for a US tourist visa, preferably several times, and been denied, there is no chance you will get a waiver. If you can travel by bus to Mexico or by ship to Europe, you will not get a waiver.

[Krikit 1,165]

Whoops. I meant to post this here instead of the other thread. What are the odds there would be two identical topics on this very rare question?

Welcome to VJ.

You might try http://immigrate2us....rum/content.php. They specialize in hardship cases.

Here is a link to the USCIS appeals page for legal precedents. A little light reading for you.

http://www.uscis.gov...00045f3d6a1RCRD

Here is a pertinent link. You will want to the end of that thread for additional information.

http://www.visajourn...post__p__464139

Welcome to VJ.

[Sunnyland 639]

I am a disabled man who wants to marry an Ethiopian woman. I have a C4/C5 spinal cord injury and really can't fly to see her. I work for the Federal Government(SSA) and make well beyond the income requirments. We talk on the phone and Skype all the time but, I have not met her in person. I completed a K-1 visa and it was sent to the Vermont Service Center. Will it be denied or Do I have a fighting chance?

Hi. Unfortunately I do not think the inmigration department will see in good eyes that you want to marry someone you never met in person. I understand this dating online because it happened to me too! But in one point we had to meet. Only by meeting someone in person you can CONFIRM that what you have is the real thing. I hope they dont give you a hard time due to your disability but I'm pretty sure they will think you guys can meet in some other place ... Maybe Mexico? She can travel to Mexico, right?

USCIS has this rule that you have to have met withing 2 years of filing the petition. Did you send proofs that you can not travel or something?

Keep us updated if you hear from them. Good luck in this journey!

[TracyTN 237]

To be clear - you have not 'completed a K1 visa'. You have completed and submitted an I 129f petition which, if approved, can ultimately lead to your fiancee receiving a K1 visa for entry into the US.

That said - there have been cases where this has worked, but normally, said applicants send proof of their disability and travel hardships, etc. with the petition. All you've done is send a petition and supporting documentation, which does not include evidence of having met in person within the last two years - a requirement of the I 129f. The adjudicator will have no choice but to deny the petition. They can only go on the information you provided them, and that information does not meet their requirements.

The situations in which this has worked are usually few and far between, and the petitioners normally have attorneys familiar with this kind of waiver of requirements to help them document everything. I think you can pretty much write off this petition which is unfortunate (they're not cheap!). I'd start researching now how to better present your case the second time around, or find an alternate way to meet your fiancee. Perhaps you can take a train, bus or car up to Canada where she can fly to meet you?

Edited October 5, 2012 by TracyTN

[Andrea&Henry 311]

The waiver if for religious purpose or if the US citizen life is in danger like a war or something like that

[Moomin 292]

The waiver if for religious purpose or if the US citizen life is in danger like a war or something like that

Probably thinking of an expedite rather than a waiver? While it may be dangerous traveling to a foreign fiance(e)'s country, that's still not the only place they can meet. And USCIS can always argue that the couple can wait meeting until things look better. That's also why a financially bad situation isn't enough to niether expedite a petition, nor to waive the meeting in person.

A US citizen being deployed is different and they qualify to have their petition expedited however again, waiving the requirement of meeting is far from the same. Here's another topic on that matter; http://www.visajourney.com/forums/topic/374976-k1-for-people-in-the-us-military/

And another; http://www.visajourney.com/forums/topic/348440-k-1-process-using-waiver-2-for-the-eligibility/