K1 visa waiver for childs poor health

[Herica 0]

I am thinking of filing for a K1 visa waiver for the meeting requirement. My one year old has multiple food allergies/sensitivities requires a very strict diet as well as a formula I'm sure is unavailable overseas and my not be able to be taken on board due to how many cans she will need. She also has asthma as well as a rare gastritis that can cause diarrhea easily causing her to lose weight fast. She has been hospitalized twice for failure to thrive and still has a poor appetite with very little to no weight gain. I have no immediate family able to watch her my older child. Do these seem like valid reasons for the waiver?

[Roel 7,193]

You're a beneficiary right? Well I doubt this is a basic for a waiver. Uscis will just tell you to have your USC fiance come to visit you in your country. 

 

And if you're a petitioner, they will just tell you to have your fiance apply for a tourist visa and come visit you. Sorry. 

 

Also. You can pack cans in the cargo luggage. Doesn't need to all go to your carry on. 

 

Not to mention the meeting requirements is the most important thing for the K1. You would need a severe reason for it to be waived. And personal question - why would you even consider marrying someone you never met... 

Edited July 10, 2017 by Roel

[Penguin_ie 5,996]

No, that is not enough, because:

- you could ship the formula, bring the older kid with you.

- Your fiance could come visit you

- You could delay the filing until the baby is older and doesn't need formula/ can be left with a sitter easier. 

[Unlockable 7,315]

If you are the beneficiary I agree that it will be a hard case to sell. Seems majority of visits for K1 are of the US citizen petitioner visiting the beneficiary, even if only for a couple of days.

[Herica 0]

He can't come to the US, he had a visa previously and overstayed. I can barely leave my daughter with other people so I can work. They don't follow the diet which causes her to have learning difficulties and she forgets skills she has learned, I've already had to quit two jobs. She also takes medications which as of now the older one has to give her when I'm at work because the sitter doesn't. I could have the formula shipped, that would just have to be her diet for the duration of the trip. The baby will continue to need the formula, she doesn't eat well and has dysphagia.

 

We have known each other over a year now, the past year I have been dealing with my daughters health issues and still continue to deal with them. 

Edited July 10, 2017 by Herica
Additional info

[Unlockable 7,315]

OK, so you are the petitioner, correct.

 

You live in Cali? An option would be to have him go to Mexico and you, and your daughter of course, take a road trip to meet him there. 

 

From what I have seen for K1, the meeting in person within two years requirement is very strictly enforced. I have only heard of 1 case where it was successfully waived. You can give it a try with the evidence you mentioned.

[Herica 0]

I will see about traveling to mexico, if not I will have to give it a try and see.

[Maria1989 403]

A waiver is very hard to get. I applied for one to waive the "two year" requirement, in my opinion my reasons were more serious than food allergies and a special diet. I would wonder, why the child's father or someone responsible could watch her? If not, you could put the special diet in checked luggage, also if its medically necessary it wont even count toward your luggage allowance, just get the medical tags and you are good to go. You will delay your process and add to the expenses. You will get a denial and lose your filing fee. 

[Herica 0]

If I had people to watch both of them I most certainly would. Her diet isnt necessarily special, it is just very strict and severely limited as well as other diffculties, like I said before if all she has is formula for a few days that will just be it. 

 

Thank you for you responses it gives me a good idea of the process and the severity of how strict it is.

[EandH0904 1,184]

And remember if your fiance had overstayed before I believe you need to file a waiver for that too which further delays your k1 process and could make it more difficult without the not meeting. You may want to consider waiting a few years until the kids are older. I am sure as a mother they are your top priority. Depending on where your fiance lives you don't want to worry about the drinking water or hospital conditions with your little one. 

[Penguin_ie 5,996]

You have some big obstacles to overcome, I won''t say your situation is easy. But USCIS will argue your fiance put himself in that situation by overstaying, and you could simply wait until his bar is over and then apply for a tourist visa. From their point of view, you can wait, there is no absolute NEED for you to get married right now.

 

What are the circumstances of your fiance's overstay, and how long ago was it? There is a small chance that a waiver for HIM to get a tourist visa may be possible, depending on the circumstances. Keep in mind also that even with one meeting, that is only the absolute minimum, and many couples have been denied with only one (especially a short) meeting; the more often and the longer meetings are, the more you can show you have a bonafide relationship and the more likely you are to b approved for the visa. This is especially true when kids are involved, the CO likes to see them having met your fiance.

 

 

[Herica 0]

Yea, my main concern is where would she get care if she needs it. I believe it was a few years ago that he overstayed and no longer has privileges to travel to the US. All in all I believe I may have to wait until the right time to travel. The extra time doesn't sound like a bad idea.

[Sunnyland 639]

15 hours ago, Roel said:

You're a beneficiary right? Well I doubt this is a basic for a waiver. Uscis will just tell you to have your USC fiance come to visit you in your country. 

 

And if you're a petitioner, they will just tell you to have your fiance apply for a tourist visa and come visit you. Sorry. 

 

Also. You can pack cans in the cargo luggage. Doesn't need to all go to your carry on. 

 

Not to mention the meeting requirements is the most important thing for the K1. You would need a severe reason for it to be waived. And personal question - why would you even consider marrying someone you never met... 

 

Exactly my thought. 

[Boiler 45,922]

Where do you need to travel to?

[caliliving 606]

You can meet in a third world country Mexico. Secondly, why would you want to marry someone you never met?

Think clearly...the 2 year requirement is there for a reason! If it was that easy to waive it everyone would.