Have not met in-person, does this situation qualify for an exception?

[Stephen&Lica 1]

I think our situation might be quite unique. We met in an online dating site in December 2012. We haven't met in person. I mailed out our package on Wednesday October 16, 2013. Included is a letter signed and notarized by my employer (of almost 14 years) stating that I can't get time off of work because my boss was in the hospital for 2 months and is already scheduled to go back in and have more surgery. It also includes a signed and notarized letter from a nursing home where my long time friend resides. I'm her legal guardian and need to be here for her. It describes that I need to be here to make decisions and support her emotionally etc. It also includes a letter from my pastor about his knowledge of my relationship with Stephen, our plan for him to council us for marriage etc. I'm just wondering what the chances are that will get approved for the exception of not having met in person??? Any thoughts?

[lost_at_sea 995]

I think our situation might be quite unique. We met in an online dating site in December 2012. We haven't met in person. I mailed out our package on Wednesday October 16, 2013. Included is a letter signed and notarized by my employer (of almost 14 years) stating that I can't get time off of work because my boss was in the hospital for 2 months and is already scheduled to go back in and have more surgery. It also includes a signed and notarized letter from a nursing home where my long time friend resides. I'm her legal guardian and need to be here for her. It describes that I need to be here to make decisions and support her emotionally etc. It also includes a letter from my pastor about his knowledge of my relationship with Stephen, our plan for him to council us for marriage etc. I'm just wondering what the chances are that will get approved for the exception of not having met in person??? Any thoughts?

You should probably have started a new thread.

For what reason can your fiance not visit you?

[Ryan H 3,812]

***Posts split from thread nearly three year old thread.***

[jaycali 415]

I think our situation might be quite unique. We met in an online dating site in December 2012. We haven't met in person. I mailed out our package on Wednesday October 16, 2013. Included is a letter signed and notarized by my employer (of almost 14 years) stating that I can't get time off of work because my boss was in the hospital for 2 months and is already scheduled to go back in and have more surgery. It also includes a signed and notarized letter from a nursing home where my long time friend resides. I'm her legal guardian and need to be here for her. It describes that I need to be here to make decisions and support her emotionally etc. It also includes a letter from my pastor about his knowledge of my relationship with Stephen, our plan for him to council us for marriage etc. I'm just wondering what the chances are that will get approved for the exception of not having met in person??? Any thoughts?

This will be difficult. The two year meeting requirement can only be overcome by showing that it would either 1. break long standing, established customs, or 2. cause extreme hardship. In proving extreme hardship, financial/work related reasons is rarely ever "enough" as the extreme hardship can't be a "temporary" hardship that can be overcome in the forseeable future. In other words, your boss going into surgery will not matter, because in the eyes of the CIS, you could always meet when things are more stable at your work.

Being the primary care giver and legal guardian for your friend does however show a degree of hardship, and is what could ultimately grant a waiver if this is a long term/indefinite situation, and the CIS is satisfied that you cannot leave the country for any significant amount of time. Your friend's medical condition should be explained in great detail, and you should provide proof of legal guardianship.

In the end, that's your best bet.

[jaycali 415]

I should add that I'm not sure if extreme hardship can waive a meeting requirement, or merely the two year requirement.

[Shiobhan 235]

AH shhhshh....nope USCIS wont

go for it, whats your age & his?

[clairegie 265]

I don't think this will be accepted, and its not that unique actually. As long as you are healthy, can walk, breath on your own, and nothing is physically wrong with you, the meeting face to face rule is pretty much ironclad.

[Stephen&Lica 1]

He was denied a visa on August 29th. I have a letter that signed and notarized by the nurse RN at the nursing home that explains my need to be there and that I'm her legal guardian and I also included my legal guardian paperwork. both of our letters describe that I'm the only one that's there for her, her family lives in Florida. She's in the end stages of kidney failure and is also a diabetic. They've talked about amputating a foot/leg. She can't walk or use her left arm due to several strokes she's had. She's been declining in hell for the past 6 months worse than she already was. I've been her guardian since 2010. I also included a letter from the front of the court that says if I owe more than 2,500 dollars I won't be eligible for a passport. I explained in my cover letter that I've never received anything stating that restriction has been lifted from my record even though I've made payments.

*Friend of the Court ( the letter states I owed $4040 @ the time.

[Stephen&Lica 1]

I'm pleased to hear that there's some hope at least.

[Umka36 781]

Why can't your fiance visit you?

[Stephen&Lica 1]

I'm not sure what are age has to do with it but he's turning 25 and I just turned 42. Life has made him a mature 25. We're both very serious about our faith and we expressed that in our letters without trying to go overboard as it could turn someone off that's reviewing our application.

[Stephen&Lica 1]

he can't visit because he was denied a visa on August 29th. They gave him a standard form letter that said he didn't prove he had reasons to return. They never reviewed the documents he had with him including a car title, property titles, a letter of support from his cousin and my letter of invitation. They only looked at his passport asked him who he was visiting and why and denied him.

Thank you Ryan for splitting the post.

[jaycali 415]

He was denied a visa on August 29th. I have a letter that signed and notarized by the nurse RN at the nursing home that explains my need to be there and that I'm her legal guardian and I also included my legal guardian paperwork. both of our letters describe that I'm the only one that's there for her, her family lives in Florida. She's in the end stages of kidney failure and is also a diabetic. They've talked about amputating a foot/leg. She can't walk or use her left arm due to several strokes she's had. She's been declining in hell for the past 6 months worse than she already was. I've been her guardian since 2010. I also included a letter from the front of the court that says if I owe more than 2,500 dollars I won't be eligible for a passport. I explained in my cover letter that I've never received anything stating that restriction has been lifted from my record even though I've made payments.

*Friend of the Court ( the letter states I owed $4040 @ the time.

The difficulty of obtaining a passport won't help much, as the CIS will not see it as an indefinite restriction which is out of your control. In their view, you can always travel once the balance is below $2,500. Unfortunately, the USCIS does not care if you're ineligible to be meet now, if it is likely you will be in a year or two. The hardship waiver is for situations in which you are unable to travel, indefinitely, for extraordinary reasons beyond your control, and that you cannot change.

Again, being the primary caregiver and legal guardian for a very ill patient is your best bet. Your friend's illness should be explained in great detail. If what you explained here was in the initial I-129f package, and notarized by a healthcare professional, you may have a shot.

Keep in mind that it must be established that your friend would face extraordinary, extreme hardship if you should be gone even for a week or two. I can only speculate here, but seeing as she is taken care of in a nursing home, I do not think the CIS will grant the waiver. You do not only have a 2 year meeting requirement to overcome, but the inherent red flag that comes with an engaged couple who have never met in person. African consulates are notoriously difficult to satisfy of anything, and even if your petition does slip past the USCIS, the embassy will not issue any visa until they're satisfied that a bona fida, ongoing relationship exists - A very difficult endeavor for an applicant in Africa who has never met his/her fiancee in person.

I'd also like to add that the CIS will look at other possibilities before issuing a waiver. For example, you live in Texas, is there a reason you cannot meet in Mexico? If he is eligible for a tourist visa to Mexico, the CIS would rather tell you to get a passport and meet in Mexico. The $4,040 debt is not indefinite, and not beyond your control in the eyes of the CIS.

I'm not saying this to be mean, but the reality is that you will be much better off if you could find a way to meet in person. Keep in mind that you do not just have to get your petition through the USCIS, your fiance has to get his K-1 visa application through the Department of State, and while a possible waiver could waive the two year meeting requirement, it does not take away assumption of fraud.

Edited October 18, 2013 by jaycali

[Stephen&Lica 1]

I must be naive, explain to me what you mean by fraud?

Their letter describes that it cause her mental anguish if I were to be away. It also stated that I need to be available, it's important.

Thank you for taking the time to write such a detailed reply. Also, thank you for being sincere and not being rude. I left another post because they were rude to me there, not giving me one ounce of hope but also being rude about it.

I live in Michigan

[jaycali 415]

I must be naive, explain to me what you mean by fraud?

There are no real numbers, but it is well-known by both the USCIS as well as the US State Department that a large number of K-1 applicants are marrying Americans for the sole purpose of immigrating to the US. This is especially true for applicants from third world countries, Ghana included. I'm not saying this case is fraud, but the sad reality is that the state department (consulate/embassy) rejects all applications in which they are not fully satisfied that the relationship is bona fide - This inevitably affects a large number of legitimate couples as well.

In order to determine the legitimacy of the marriage, the interviewing officer at the embassy (who will be handling your fiance's K-1 application) will make a subjective decision as to the legitimacy of your relationship, and how likely it is to be real, or a sham in order for the foreigner to gain immigration benefits. The burden of proof is always on the intending immigrant.

The consular officers usually tend to look for red flags, especially in third world countries (where immigrants are statistically more likely to commit fraud for purposes of immigrating). "Unusual" relationships are usually scrutinized:

1. Relationships with huge language barriers.

2. Relationships with large age gaps, especially in which the female is significantly older than the male.

3. Relationships in which the couple has not spent significant amounts of time together.

4. Relationships with big, often "socially unacceptable" cultural differences.

5. Relationships in which the foreign fiance(e)/spouse is from a "high-fraud" country.

If any of the above are true, it does not mean the application will automatically be rejected, but the more red flags, the more difficult it becomes to show that a real, ongoing relationship exists. If more than one of the above is true, it becomes increasingly difficult to get a visa.

Again, I'm not saying this to be mean, or accusing you or your fiance of anything, I'm saying it to prepare you, because the better prepared you are, the better the outcome will be.

Edited October 18, 2013 by jaycali