Waivers

[Kolewenoik31 57]

I have read many post on waivers. I have seen the list on possible Level 1,2,3 arguments. Most of the seem to cover individuals that have been deported, so my question is my fiance' and I are trying to prove an ongoing relationship. We have not seen each other face to face in person but we Skype approximately 2-3 times minimal each week. Due to extreme hardship on both of our parts, a face to face may take quite a long time to happen. We know that in order to file a K-1 Visa the requirement it to have a least 2 visits in 2 yrs prior to filing. We are very strict Christians of the same faith. We have strong beliefs not so much in seeing one another but in becoming to familiar with the opposite sex until after marriage. I read somewhere that a waver may be considered if there are long established tribal practices. This is not a tribal practice but strong religious convictions. Could this qualify us to apply for a waver and if so what is the waver called? We have been developing a friendship for about 6 months now! Any advise on how to proceed?

[TBoneTX 45,359]

*** Thread moved from Waivers forum to General Immigration Discussion -- OP is not involved in a typical waiver process. ***

[meagan 3]

You don't need 2 visits in 2 years. You only need one visit in 2 years. And you will need to at least meet one time before filing. Maybe you both can meet somewhere half way in between in another country

[MedRoni 161]

The requirement for a K-1 visa is to have met at least once in the last 2 years.

Being strong Christians you should be able to meet once without sleeping together, or getting too familiar if that is what you are worried about. My husband is Muslim and they have similar thoughts regarding this yet we managed to meet... and marry without committing any sins or doing anything wrong in the eyes of the Islam belief.

I do not know the actual rulings, but I don't see this as a hardship or actual rule of religion. I would be surprised if you could get meeting in person waived for not wanting to get to close.

Hopefully someone else does have the definite ruling on it for you.

[EAS 45]

{cut}

We have strong beliefs not so much in seeing one another but in becoming to familiar with the opposite sex until after marriage.

{cut}

I am not a USCIS employee, not do I make the rules but in my opinion you do not qualify for a waiver. The rule is:

• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
  2. If you prove that the requirement to meet would result in extreme hardship to you.

You don't have to become "too familiar" with each other but you have to have met in person unless you can prove one or both of the exceptions. From my reading of your post, you do not qualify for exception 1. You may try to prove exception 2 but I have no idea how.

And you need proof of having met in person. So when you do meet save all of the evidence of that meeting that you can.

[Cathi 5,757]

it is not against the christian religion to meet before marriage, it is just your beliefs. You will not be granted any special treatment because there is nothing in your religion forbidding you to meet, you are grasping for straws. You must meet or you will not be granted a visa. End of story.

[Penguin_ie 5,994]

You can meet- you can each bring a chaperone and meet in a public place. You can't even need to touch if that is not allowe din your religion, you just need to meet.

If it is a hardship to meet in person, then get a better job/ wait a couple of years and save up. It is difficult to wait, I understand that, but your waiver will not be approved and you'll loose a lot of time and money.

[Kolewenoik31 57]

*** Thread moved from Waivers forum to General Immigration Discussion -- OP is not involved in a typical waiver process. ***

Please forgive my ignorance Can you clarify what OP is?

[Kolewenoik31 57]

You don't need 2 visits in 2 years. You only need one visit in 2 years. And you will need to at least meet one time before filing. Maybe you both can meet somewhere half way in between in another country

You mentioned that maybe we could met half way in between. The reason I asked about the waver is because travel is difficult due to finances. I am a single mom on a fixed income and my fiance' runs a orphanage in a poor remote part of Kenya. We are both primary care givers.

[Kolewenoik31 57]

it is not against the christian religion to meet before marriage, it is just your beliefs. You will not be granted any special treatment because there is nothing in your religion forbidding you to meet, you are grasping for straws. You must meet or you will not be granted a visa. End of story.

Thank you for your comment but do you know me or what my faith teach? I don't know what type of Christian you may be if any at all {no offense}, but I was not just referring to meeting only but hardship due to finances {not trying to put all my business out there}. Again, I say this practice in our faith has been long established we have strict council against {not meeting}, but undue familiarity. Jacob and Leah {in the Bible}, is a example of this practice there are many others.

[Kolewenoik31 57]

Finally, if a meeting was possible "1 meeting in 2 years" how soon could the K-1 be filed after that meeting. Specifically..."Do we have to wait 2 years?" or just meet then file in the same year? Please be specific.

[belinda63 3,038]

I won't go into the biblical thing here....but the law is you must have met in person within the last two years prior to filing. Even if it means for one minute at a distance further than touching. Since you are already communicating by video with Skype what would be the difference if you were to meet say in a restaurant each sitting on opposite sides of the table. Or at a friend's house sitting on different chairs? You MUST meet withing two years of the filing or you are just wasting your money.

[Penguin_ie 5,994]

OP means opening post(er)- ie you.

Your financial issues are not reason enough for a waiver, not even joined with your religious/ moral concerns- if anything, they will count against you because if you cannot afford even one visit, how will you afford all the visa fees, his travel to the USA, and then support him for several months while he is waiting for his work permit? (you don't need to answer that, I am just telling you what USCIS may think). Frankly, you will be dealing with a very difficult consulate to start off with. You will want a TON of bonafide evidence, and preferably several lengthy trips, including some of your and his family.

You can file the day you meet. Take a few photos, keep boarding passes/ hotel receipts etc and send it all off. But as I mentioned, one short visit will get the I-129F approved (ie your petition, it may not be enough to get the visa approved half a year down the line.

Edited February 25, 2013 by Penguin_ie

[Kolewenoik31 57]

OP means opening post(er)- ie you.

Your financial issues are not reason enough for a waiver, not even joined with your religious/ moral concerns- if anything, they will count against you because if you cannot afford even one visit, how will you afford all the visa fees, his travel to the USA, and then support him for several months while he is waiting for his work permit? (you don't need to answer that, I am just telling you what USCIS may think). Frankly, you will be dealing with a very difficult consulate to start off with. You will want a TON of bonafide evidence, and preferably several lengthy trips, including some of your and his family.

You can file the day you meet. Take a few photos, keep boarding passes/ hotel receipts etc and send it all off. But as I mentioned, one short visit will get the I-129F approved (ie your petition, it may not be enough to get the visa approved half a year down the line.

Thank you for your detailed explanation it was very encouraging. God is in control He is the one leading in this and He will take care of all the fees, the difficult consulate, the king's heart is in his hand and He turns it wither soever He will. Nothing to hard for Him, this I know for sure!

Edited February 25, 2013 by John and Tracy

[Sarah Elle-Même 660]

Thank you for your detailed explanation it was very encouraging. God is in control He is the one leading in this and He will take care of all the fees, the difficult consulate, the king's heart is in his hand and He turns it wither soever He will. Nothing to hard for Him, this I know for sure!

Riiight...

Get it straight - God is not going to pay your petition/visa filing/AOS fees. Why not get married in Kenya and file for spouse petition? CR-1 visa is cheaper to obtain because you don't have to adjust status in the US after entry. I spent a lot of time in Kenya. More churches than anyone ever needs for you to get married in. Talk about waste of resources that could be used to clothe the naked, feed the hungry, cure the sick, yadda yadda.

Edited February 25, 2013 by Sarah and Adnan