Never Met My Fiance

[Darnell 8,479]

oh, sorry - I've been making Venn Diagrams today. sometimes it bleeds through.

[Golden Gate 530]

Anyway, I should be used to your blather, but it is getting too late in the day to figure it out.

oh, sorry - I've been making Venn Diagrams today. sometimes it bleeds through.

[Possiblymaybe 371]

I just have to say that I'm pretty disappointed with the way this thread has progressed. The first several pages the OP had to repeatedly explain her situation because of the failure of people to read and comprehend what she was plainly saying. Then the Petitioner steps in to clear up confusion and is blasted because he isn't deemed sick enough.

We have all heard how difficult the waiver is to be granted, but if there was ever a case for it, it would be for this couple. The beneficiary has applied and been denied travel to the US twice. The petitioner cannot reasonably travel outside of the US for health reasons that have been documented and verified by his doctors.

To the couple, you both seem like intelligent people that are aware of the challenges you are sure to face in your situation. I do hope that despite the responses you have received on this thread, that you will provide an update for us on your visa journey. I wish you both the very best, and I hope that your waiver is approved.

[Hamzah and Amna 23]

Its not her residency she had to do it was just an observership which is working in a hospital and observing what the doctor shes shadowing does. She couldnt get it done here so she had it done in Pakistan. Now when she comes it would be her residency she needs to do after taking her licencing exams which takes up to a year to study for and pass.
And about this 'since you are capable of working and school you are capable to visit her'... with all due respect, till u guys live my life and see how i manage my condition since birth, u cannot assume its simple to pick things up and go because im capable of working and schooling. I dont go to school in canada and work in mexico... I work at home and take classes on a campus about 15 minutes away, and try to do online classes when I can. Just because people dont see me as walking death, doesnt mean I am not suffering through issues. Also since i grew up with the issue its not like I am not used to how the condition affects me or how to live with it. A person doesnt go through life wanting to be different then their peers, and knowing i had this condition, I did the best i could to assimilate w/ society considering my issues to where it looks like im perfectly ok. No one knows what I go through the other 12 hours of the day during dialysis besides my close family members and Amna

[shahara2013 16]

Good luck to you both. I hope your waiver gets approved.

[Cathi 5,777]

Is cousin marriage legal in Florida? Because if it isn't and IF you are approved you will have to get married in a state where first cousin marriage is legal. It is illegal in many states. i'm not being judgmental(my inlaws are cousins), just putting it out there.

Edited March 19, 2014 by mimolicious

[AmyWrites 593]

Its not her residency she had to do it was just an observership which is working in a hospital and observing what the doctor shes shadowing does. She couldnt get it done here so she had it done in Pakistan. Now when she comes it would be her residency she needs to do after taking her licencing exams which takes up to a year to study for and pass.

And about this 'since you are capable of working and school you are capable to visit her'... with all due respect, till u guys live my life and see how i manage my condition since birth, u cannot assume its simple to pick things up and go because im capable of working and schooling. I dont go to school in canada and work in mexico... I work at home and take classes on a campus about 15 minutes away, and try to do online classes when I can. Just because people dont see me as walking death, doesnt mean I am not suffering through issues. Also since i grew up with the issue its not like I am not used to how the condition affects me or how to live with it. A person doesnt go through life wanting to be different then their peers, and knowing i had this condition, I did the best i could to assimilate w/ society considering my issues to where it looks like im perfectly ok. No one knows what I go through the other 12 hours of the day during dialysis besides my close family members and Amna

I have a chronic condition as well that is horrible. In fact it came up during hubby's interview process.

You're not getting that it's not us who don't sympathize, it's that USCIS/CO's are trained to essentially not sympathize, and doubt that the relationship is valid. That's their job, and with your girl being from Pakistan, it's even more difficult. Thus, it's your job to make sure there's no space for them to plant any doubt about your relationship. Because all the questions that you've been asked here, a CO will ask your partner, only that they have the power to make your life hell.

So, essentially, prove that you can't even go to Canada/Mexico/etc, that she's been denied a tourist visa (more than once), that you are incapable of leaving your area for more than a few hours. Above that, you need to prove the relationship itself is real.

And yeah, make sure you can actually marry your cousin in Florida.

Edited March 19, 2014 by AmyWrites

[Possiblymaybe 371]

Based on the family connection, and the fact that the petitioner had to leave Pakistan shortly after birth due to the same medical condition that is now preventing them from meeting, I think they might be successful if their case is presented well, and if the CO gives her the opportunity to fully explain. It may not be a cake walk, but I don't think it's hopeless.

The folks at the embassy in Pakistan will be familiar with cases of arranged cousin marriages. I've seen a lot of weaker cases (meeting on the Internet, chatting for a few months, no interaction between families, one 1-week visit together, followed immediately by a petition, etc) approved at tougher consulates on this site.

[dwheels76 5,468]

For those who seem to just not get waivers or you are just misinformed or something. Here let me help you and end this back and forth. Good God.

Hope OP got a very good hardship waiver written up.

K-1 Fiance Visa Waiver: Extreme Hardship

The K-1 visa allows for a foreign national fiance(e) of a U.S. citizen to come to the United States and marry. Once married, the couple can apply for the foreign national’s adjustment of status, work authorization and advanced parole. Applying for these benefits will enable the foreign national to become a green card holder (lawful permanent resident) and, eventually, a U.S. citizen. The K-1 fiancee visa is the starting point of the process.

To start the K-1 process, a k-1 couple must file a petition with the USCIS and demonstrate that they intend to marry and that they have personally met during the two years immediately preceding the application. The meeting requirement is vigorously enforced and can only be waived in two distinct circumstances. The first circumstance is if the meeting requirement would cause extreme hardship to the petitioner.

What does extreme hardship mean? Good question. Hopefully the following will provide a better understanding. First, it should be noted that the extreme hardship must be on the U.S. citizen. Unfortunately, the hardship felt by the beneficiary is not important to the USCIS in determining a k-1 couple’s eligibility for this waiver.

Determining whether a U.S. citizen will suffer extreme hardship is a discretionary decision made by USCIS and will be determined based on the facts presented in each specific case. After much review of many USCIS decisions on this matter and founding some pattern in the USCIS’s determination of extreme hardship.

Many would-be applicants have claimed that their financial position causes them extreme hardship in meeting the requirement. The USCIS does not accept this argument. USCIS most often determines that extreme hardship occurs to the petitioner if the k-1 petitioner is suffering from a medical condition. However, the petitioner must thoroughly demonstrate that the medical condition places the petitioner in extreme hardship if he or she were to travel. Often, it is necessary to demonstrate that a beneficiary cannot fulfill the meeting requirement by coming to the United States to visit the petitioner (and then return to the home country to await the filing of the K-1 visa).

The waiver to the K-1 visa application is often very difficult to obtain. Nonetheless, if you think you are eligible for a waiver, it is very important to consult with a k-1 visa lawyer who can help you compile a sound argument for the waiver. Failing to obtain a lawyer’s assistance will probably greatly increase the possibility of a failed k-1 application.

[Hamzah and Amna 23]

I really want to thank you guys though for the support thats here for me and Amna. Okay its true I am a bit hot headed lol, but there are some valid points here about being absolutely clear and filling any holes when explaining our story during the interview and this thread did give me some insight on how to tackle the questions. Thanks so much guys!!!!!

[Hamzah and Amna 23]

And thanks you so much dwheels76 for posting that, I really hope people take the time to read and comprehend every post to understand that we are going through the proper channels to figure this out, and we are working with a lawyer! I got the waiver written up with the lawyer and doctors, on top of that my fiance is also a doctor so she herself understands why and can explain during the interview why we had never visited.

[Darnell 8,479]

you should make it clear with the I-129F petition case, as well.

letters of attestation, medical briefs from yer GP and specialists on why you cannot travel.

[Possiblymaybe 371]

It may be helpful to start compiling more information as Darnell suggested in case you get a Request For Evidence (RFE) prior to the petition approval.

[Boggy1974 124]

No advice for the OP at this time, but I would say the thread makes for very an interesting read.

It exposes how confused the know-so-much in here are!

[Boiler 45,852]

The original comment was that he he could not travel.

Half way through we are advised: I work, I go to school and have a perfectly capable life, 99.99% of people would never know that I have a condition in the first place.

So all the comments prior to that were on the basis of a misunderstanding.

I am going to guess that the above statement was not included in the waiver application, but the K1 would include employment information, I think?

It will be interesting to see what happens. As they had already applied the whole thread is a bit pointless.

BTW Cancun is less than 2 hours away.