HELP, Hardship cases

[j N j 50]

Can somebody please help me with a hardship question/issues I will encounter? Ive been reading the site about the K1 process, and at what point can I file for a hardship case? I am totally permanently disabled, and unable to sit or stand for more than 30 minutes at a time. I feel that this creates a problem for me to travel and see my fiance in the Philippines, any help in regard to this would be greatly appreciated.

Thanks!

[Alaska2012 462]

Have you ever met in person?

[j N j 50]

Have you ever met in person?

We have not, we've been using skype for the last year now, that's as close as we have gotten. Again, with my disabilities, I think my physician would agree that a 20+ hour travel schedule can be good for my condition.

[Alaska2012 462]

Has he tried to get a visa to come visit you?

[Transborderwife 4,666]

We have not, we've been using skype for the last year now, that's as close as we have gotten. Again, with my disabilities, I think my physician would agree that a 20+ hour travel schedule can be good for my condition.

What about meeting neutrally in Canada Mexico etc

[j N j 50]

no, she hasnt tried to get a visa to come here, from what I hear its very difficult for Filipinos to travel to the US in fear of "disappearing" or what they refer to as "TNT". For right now, Im looking for info on when to claim for a hardship case, after the I-129F filing? I havent worked in over 10 years due to my injuries and have more than enough documentation in regard to this, as Ive treated with many Workers Comp Physicians. IF, i do try to travel I'll be "laid up for at least a week, if not more and will require more medical attention.

[Alaska2012 462]

I really don't think extreme hardship would work to get around the meeting in person rule. I have never in my years on VJ seen anyone not having to meet in person.

Also, wouldn't you for your own sake want to meet before getting married? I am not trying to be rude or anything but wouldn't you want to make sure that the person you are going to spend the rest of your life with truly knows how your disability will effect her life? Skype is nice and all but meeting in person makes all the difference.

[Penguin_ie 5,993]

You will need letters from your doctor stating that not only are you unable to travel to the Philippines. Preferably from more than one doctor; it also needs to state that this is a permanent issue, because if you can probably travel in a couple of years, they will expect you to wait.

Your fiance needs to apply for a tourist visa, and be denied, preferably several times, and you need to show proof of that with the hardship letter.

You need doctors letters saying you cannot travel out of the USA at all, because if you can travel for a road trip to, say, Mexico or a short trip to the Carribean, they will expect you to meet up there.

[tyler007 26]

You don't need to answer this but since you are on disability you need to be sure you make enough money or have a co-sponsor for affidavit of support.

Unless your gal has a business or is very wealthy she will likely not be approved for a tourist visa to USA.

Hope they will make an exception for you.

Let us know.

[NigeriaorBust 4,087]

They can be very hard headed when it comes to waivers. If you are unable to sit in a plane they may want to know if you can take a cruise there. Also they will want proof that she can't come to somewhere you could travel to ( USA,Canada and Mexico being the most likely ones. )

[baron555 934]

You will need letters from your doctor stating that not only are you unable to travel to the Philippines. Preferably from more than one doctor; it also needs to state that this is a permanent issue, because if you can probably travel in a couple of years, they will expect you to wait.

Your fiance needs to apply for a tourist visa, and be denied, preferably several times, and you need to show proof of that with the hardship letter.

You need doctors letters saying you cannot travel out of the USA at all, because if you can travel for a road trip to, say, Mexico or a short trip to the Carribean, they will expect you to meet up there.

Good advice. You need to show proof that you both have tried all the options available. That will help your case.

[Meant2B 8]

Not being rude, but wouldn't you want to meet face to face before committing to marriage to someone? Skype is cool but it will look like a business arrangement the way it currently is. She should apply for visitors Visa and be able to prove that she loves you unconditionally. Also if you have not worked it will be difficult for the support affidavit. Let us know how it all turns out.

[Mike-eeh and Odie 193]

As others have said, you would need to be able to prove medically that you cannot meet in person. Be ready for a long process as I have read about members on this site needing permanent dialysis treatments that have been refused waivers.

In addition, with a hardship case, you would have to prove that your fiance not being there is causing you extreme hardship. Which is most likely not that case as the USCIS will assume you have been living with your condition many years before you met your new fiance.

I would suggest research alternate places to meet that are more easily accessible for Filipinos if she cannot obtain a US travel visa.

[SunflowerSweet 1,321]

Basically just repeating what everyone else said butttt..

If you can't show that she has at least tried to come and meet you, whether in the US or a nearby country, it's going to be hard to satisfy the hardship requirements.

I don't have a disability even remotely as bad as what you are describing, so please forgive me if I seem ignorant or insensitive when saying this but you mentioned that traveling would cause you to be laid up for at least a week. In the long run, that seems like a pretty reasonable sacrifice for meeting the woman who you love enough to want to spend the rest of your life with?

Again, I can never know the true scope of your disability without experiencing it, but there isn't much I wouldn't do if it meant seeing my fiance.

Either way, I wish you both luck on your journey!

[SunflowerSweet 1,321]

As others have said, you would need to be able to prove medically that you cannot meet in person. Be ready for a long process as I have read about members on this site needing permanent dialysis treatments that have been refused waivers.

In addition, with a hardship case, you would have to prove that your fiance not being there is causing you extreme hardship. Which is most likely not that case as the USCIS will assume you have been living with your condition many years before you met your new fiance.

I would suggest research alternate places to meet that are more easily accessible for Filipinos if she cannot obtain a US travel visa.

That second point you mentioned is incorrect, I believe.

OP sounds like he is just trying to use hardship as a way to overcome the requirements of having met within the past two years.

"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."

There are times where someone would have to prove that not being with someone is causing extreme hardship, but not when you are trying to overcome the meeting requirement specifically.

I could be wrong though!