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Posted


Hello!
After browsing through the forums, I too have decided to post in search for some advice. This will be quite an extensive post so I would like to thank everyone for their patience and thoughts, if you decide to read it and/or comment on it.
 
Our story is a little complicated, so here it goes...
 
I'm in love with a man that resides in Serbia and I live in America. We want to apply for a Fiance Visa (K1 visa I believe it is?) but our situation is rather uncommon.
I'll write a little bit about myself first.
- I'm turning 27 soon and I live alone.
- I suffer from Muscular Dystrophy (FSH) and I am on Supplemental Security Income (SSI) and Social Security Disability (SSD).
- Therefore I believe I'm somewhere around the poverty line, but I can get a family member to be my co-sponsor so that shouldn't be an issue, I hope.
 
Now some information about him.
- He's turning 30 soon.
- He's fluent in English.
- He has never traveled outside of his country before.
- His lifetime's working experience wasn't documented until recently. He has been working but he wasn't registered by his previous employers, which is a common case with workers in his country.
- He has "officially" became a registered employee about 40 days ago, which is sadly the only relevant working experience as far as the official statistics go.
- He has savings, and he too has a family member who can co-sponsor him if needed.
- He doesn't have any assets registered to his name, but he can register a house to his name if needed.
- He also applied for the "Green Card Lottery" program in October 2016. The draw for that will take place in May 2017.
 
What is our background?
We met online exactly 10 years ago. Ever since we have been in regular touch whether it be by MSN, E-mails, Skype calls and Viber as of recent. We literally talk every day.
We've talked about being together for the longest and about getting married. Unfortunately we haven't been able to meet yet (which I know is a requirement when filling out the K-1 form) due to hardships on both ends. I'm not able to travel that far due to my health conditions and he almost definitely won't get approved for a Tourist Visa with his working status in mind. Or would he?
 
We want to be together and we want to apply for a Fiance Visa. However, taking my medical (therefore financial situation) and his work history into consideration - we might make a very weak case in the eyes of the officials. Are we overthinking it? We fear we might get instantly rejected. Should we talk to an immigration lawyer and ask for proper legal advice? I really don't want to go that route unless absolutely necessary. 
 
We're looking for advice. What do you guys think of it and also how would you suggest us to go about it? Is there any hope that we can be together? As it seems we have so many obstacles that just keep hindering us from ever being together. 
 
Thanks again for taking the time to read. Any and all comments are welcome.

Filed: AOS (apr) Country: Philippines
Timeline
Posted

If you can have a co-sponsor that would probably be best route in my opinion.

 

As to his work history, that has no bearing at all really on the I-129f or K-1 process. Doesn't matter if he has never had a job or has a Ph.D., his work history really is irrelevant.

 

Also yes as you stated you must have met within the previous two years to apply with the I-129f petition. If you yourself can not travel you must show a lot of documentation from medical staff showing you can't, also he would have to have several tourist visa denials to show before you could even contemplate attempting to apply for a waiver for this requirement.

 

He probably could travel to a third country that would be easier for you to go to. 

 

As to a lawyer, really don't think it is needed. They can't make anything happen differently than you yourself could. I would just review the paperwork and guides here; but first you must really address meeting in person as this really is again only one of the two requirements.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Filed: K-1 Visa Country: Wales
Timeline
Posted

Sounds like the first thing to focus on after 10 years is meeting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

His work history and his assets are irrelevant. It is up to you to prove that he will not be a burden to the system once he gets here. You can get a co-sponsor but he cannot have someone sponsor him from his own country.

 

Not having met in person is problematic first on a legal standpoint as it is one of the requirements, but also how can you be sure you are ready to spend the rest of your life with a person you have not met yet? 

 

The majority of people here will tell you that a lawyer is not necessary. Our case was extremely straightforward and we still got a lawyer just to be sure all of our paperwork was in order. A lawyer may be able to help with circumventing the requirement for having met in person.     

Filed: Citizen (apr) Country: Denmark
Timeline
Posted

The co-sponsor have to live in the US so his family can't do it.

 

For a K-1 visa the two have to meet within 2-years of filing. You guys haven't and therefore I'm pretty sure they won't give it to you I have never seen anyone been able to get the visa if the haven't met. Also you have not made any attempt from what you write.

Has he tried to apply for a US visa? maybe more then one attempt? 

If denied has he tried to apply for a visa to Canada Or Mexico? Then meet there if you get someone to Drive you there?

 

They have to see that you guys have done EVERYTHING in ordre to try and meet.

 

 

 

 

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

I agree. If you have a physical disability he should be well aware of what that entails. It sounds like you guys have great communication and I understand you're talking about his job history as it relates to a tourist visa more than a K1 visa but like the others say, until you get denied you don't know, right? 

 

And a lot of disabled people in wheelchairs, with IV medications, all sorts of medical issues are still able to fly on commercial airlines. 

 

Also, you want to make sure your co sponsor would be financially ready to take care of him for months before he's able to work. Willing to be a sponsor and paying for all his needs are sometimes different. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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