Extreme Hardship and the Meeting Rule

[HRQX 4,145]

5 minutes ago, weedavit said:

The embassy website says that transit visas are not permitted if the foreigner intends to marry when he gets to his destination. That seems so very unfair.

Link? As shared in the first page, can even marry inside the US during a B visit. https://uk.usembassy.gov/visas/immigrant-visa-faqs/

 

So during a transit situation to Bahamas, intent to marry shouldn't be an issue.

5 minutes ago, weedavit said:

I’ve been looking on sites like Expedia and Travelocity (and many others) but they all have layovers in New York, Florida, Georgia, etc.

From what country to the Bahamas?

Edited January 4, 2021 by HRQX

[weedavit 1]

1 minute ago, HRQX said:

Link? As shared in the first page, can even marry inside the US during a B visit. https://uk.usembassy.gov/visas/immigrant-visa-faqs/

 

So during a transit situation to Bahamas, intent to marry shouldn't be an issue.

From what country to the Bahamas?

Sorry, I had just edited my post to include the country right before you posted. From Ukraine. He is not originally from Ukraine, but he’s just studying there currently. 

[Letspaintcookies 2,310]

3 minutes ago, weedavit said:

Sorry, I had just edited my post to include the country right before you posted. From Ukraine. He is not originally from Ukraine, but he’s just studying there currently. 

And where is he originally from? That counts a lot too

[HRQX 4,145]

3 minutes ago, weedavit said:

From Ukraine. He is not originally from Ukraine, but he’s just studying there currently. 

Once routine visa services resume in Kyiv, I recommend trying for B-2 tourist visa. You can marry in your city and your friends and family can attend if you want.

 

[Letspaintcookies 2,310]

2 hours ago, Boiler said:

A K1 does seem very appropriate in this case with its long period before he can work.

Don't we usually say that's a bad part of the K1? Especially in this situation where money seems at least a bit tight.

[weedavit 1]

1 hour ago, Marieke H said:

It is a difficult situation, but I don't think it qualifies as extreme hardship. Right now, the main issue seems to be the travel restrictions due to COVID, and that is certainly not a unique issue. Thousands of couples have had to cancel their trips to meet each other, causing them to postpone the filing of a petition. Everyone is just waiting for things to get better.

 

When traveling is possible again, you will have options. You can hire someone for a short period to take care of your father, or he can apply for a tourist visa. 

The thing that’s scary is if and when travel will be possible again. I mean how much longer can they stay closed down, keeping loved ones from each other. We are already on the ten month anniversary of “two weeks to slow the spread.” And once things do open, I’m sure there will be an additional extended delay due to the tremendous backlog of applications. How frustrating for all of us who are being affected to various degrees.  

[retheem 564]

Unfortunately you will have to find a way to travel and meet him or him to travel and meet you. Country of meeting does not matter. Could be in his country or a third country. 

[coforever 40]

5 hours ago, weedavit said:

Hi everyone, I’m looking for advice for an extremely unfortunate situation I am in. 
 

I met my fiancé three years ago. We met via a Christian group on Facebook, and began communicating after feeling really connected to one another and excited over how many things we had in common. The friendship grew for over a year and we realized we’d really like to pursue it as a relationship, regardless of distance and the unusual, unconventional circumstances. 
 

It has been three years in total now. We video call for hours on weekends, and message each other during all our free time. We’ve corresponded with each other’s families, and my father has even been on board with this relationship (which says a lot...he’s very old fashioned and strict). We have decided we would like to marry. But here’s the issue.

 

I have been and continue to be, incapable of visiting him due to what I would consider extreme hardship. Both of my parents have had serious ailments for many years and I have been their main caretaker. My mother had two bouts of cancer treatments. She was then diagnosed with an extremely rare, terminal disease. Devastatingly, she passed away a couple of months ago after a long battle. My father is a high fracture risk and is practically wheelchair bound at this point. 
 

I am sorry for going into so much detail, but I just wanted to emphasize how impossible it is for me to find the ability to travel. I dropped out of college in my junior year in 2014 to take care of my parents, and I have been out ever since. Many relatives live out of town. And the ones who do live relatively close by aren’t willing to help. So in other words, I have had absolutely no way to visit this wonderful man that I love and want to marry. We are genuine. We have considered every possible option of trying to meet, but nothing is feasible due to my dad’s need for 24hr care. My fiancé is not from a country with a visa waiver program, and we are certain he is ineligible for a visa, because he’s still in medical school and would have very few ties to homeland. And even if we thought we’d have a chance, he couldn’t apply anyway since all embassies worldwide are closed due to COVID.

 

We don’t know what to do. We are at our wit’s end. Again, I know our situation is unconventional, but that doesn’t mean it’s wrong. And we genuinely love each other and want to be together.

 

I read that there are some exceptions (though I know they’re rare) to the “meeting within two years” rule. The only examples I have seen that describe extreme hardship are situations in which the US fiancé is physically disabled and unable to travel. But I was wondering if my situation might qualify as extreme hardship, since I have virtually no way to travel, and my father relies on me for everything. 
 

Thank you all for listening. I’m sorry for the length of this post. My family has gone through a lot and this whole thing is so depressing. Please be kind  God bless 

Hi there, sorry about your loss and I empathize with you in this situation. Also with all you explained here that you have been through over the years it is easy to yearn for someone’s attention and easily confuse it for being in love,not saying you are not in love or loved back.but matters of immigration is better to go into it with eyes wide open.

 

My advise like others have said ,don’t for any reason marry someone you haven’t spent time with in their home and met his people(family and friends ) Get to know this person properly before committing yourself .Even if you get to see him now the process with this COVID backlog will still take nothing less than 8 to 12 months 

 

Immigration is a very expensive journey even with a joint sponsor, 

 

Just a few mins ago I read on this site of a woman that said the husband has a wife and kid all the while they are married and I felt so sorry for her, this is the reason I always advise people going into it to make sure they do all due diligence(your own investigation ) and convinced without doubt to avoid regrets. Though one can’t know it all.

 

[Lemonslice 4,831]

To have a chance to be approved, you'll have to demonstrate that your "fiancé" was unable to get a visa to the US, and that you've been unable to meet anywhere else. I know the pandemic is no fun, but it will end.   Does your father's insurance covers any kind of home care?  What would happen if he was child free?

 

Solutions exist - be patient, and creative.

[CrisBR 30]

6 hours ago, weedavit said:

Hi everyone, I’m looking for advice for an extremely unfortunate situation I am in. 
 

I met my fiancé three years ago. We met via a Christian group on Facebook, and began communicating after feeling really connected to one another and excited over how many things we had in common. The friendship grew for over a year and we realized we’d really like to pursue it as a relationship, regardless of distance and the unusual, unconventional circumstances. 
 

It has been three years in total now. We video call for hours on weekends, and message each other during all our free time. We’ve corresponded with each other’s families, and my father has even been on board with this relationship (which says a lot...he’s very old fashioned and strict). We have decided we would like to marry. But here’s the issue.

 

I have been and continue to be, incapable of visiting him due to what I would consider extreme hardship. Both of my parents have had serious ailments for many years and I have been their main caretaker. My mother had two bouts of cancer treatments. She was then diagnosed with an extremely rare, terminal disease. Devastatingly, she passed away a couple of months ago after a long battle. My father is a high fracture risk and is practically wheelchair bound at this point. 
 

I am sorry for going into so much detail, but I just wanted to emphasize how impossible it is for me to find the ability to travel. I dropped out of college in my junior year in 2014 to take care of my parents, and I have been out ever since. Many relatives live out of town. And the ones who do live relatively close by aren’t willing to help. So in other words, I have had absolutely no way to visit this wonderful man that I love and want to marry. We are genuine. We have considered every possible option of trying to meet, but nothing is feasible due to my dad’s need for 24hr care. My fiancé is not from a country with a visa waiver program, and we are certain he is ineligible for a visa, because he’s still in medical school and would have very few ties to homeland. And even if we thought we’d have a chance, he couldn’t apply anyway since all embassies worldwide are closed due to COVID.

 

We don’t know what to do. We are at our wit’s end. Again, I know our situation is unconventional, but that doesn’t mean it’s wrong. And we genuinely love each other and want to be together.

 

I read that there are some exceptions (though I know they’re rare) to the “meeting within two years” rule. The only examples I have seen that describe extreme hardship are situations in which the US fiancé is physically disabled and unable to travel. But I was wondering if my situation might qualify as extreme hardship, since I have virtually no way to travel, and my father relies on me for everything. 
 

Thank you all for listening. I’m sorry for the length of this post. My family has gone through a lot and this whole thing is so depressing. Please be kind  God bless 

Hello.

My humble advice here would be to get your fiancé to try a visitor visa. 

If he has any means to show his ties to his country, this would be a chance to get him to come visit you so the two-year physical meet requirement would be fulfilled. 

It wouldn’t hurt to try, right?

Have a great journey!

[HRQX 4,145]

3 hours ago, weedavit said:

It would be from the Ukraine to Bahamas.

What's his citizenship? Avoiding transit in US is already convoluted, so knowing his citizenship might narrow the options. For example, the following itinerary takes too much travel time (~64 hours):

• On Jan. 13 @ 6:30AM Kyiv time go from Kyiv Boryspil International Airport (KBP) to Frankfurt Airport (FRA)
• On Jan. 13 @ 10:05AM Frankfurt time go from Frankfurt Airport (FRA) to Toronto Pearson International Airport (YYZ)
• On Jan. 14 @ 9:30AM Toronto time go from Toronto Pearson International Airport (YYZ) to Kingston-Norman Manley Airport (KIN)
• On Jan. 15 @ 1:30PM Kingston time go from Kingston-Norman Manley Airport (KIN) to Lynden Pindling International Airport (NAS)

[SalishSea 17,802]

OP,  I have spent many an insomnia-filled night reading administrative appeal decisions on the USCIS.gov website.  I have read hundreds of them, and virtually none of the meeting hardship ones are ever approved after being denied for that crucial eligibility parameter.  The approved one I can recall was related to a severe health/disability issue for the petitioner.

 

The ones who try to claim hardship because family or life responsibilities keep them from traveling are generally denied on the basis that there is no requirement for the USC petitioner to travel, so that doesn't preclude meeting somewhere else, such as in the US.  The beneficiary's ability to secure a tourist visa to travel to the US is not part of that consideration.

 

You could try, but you'll need a solid plan B.

 

I also recommend you look a bit more closely at your financial issues.  While it isn't "against the rules" to use an elderly relative on a fixed income as a sponsor, if there are other issues to be taken with the totality of circumstances, it will be a negative.

 

And finally:  US immigration is very expensive and everything takes much longer than one would hope, even without a global pandemic underway.  Good luck and best wishes.

[Bfhaynes 0]

OP, Air Canada is flying from Toronto to Nassau Bahamas but I don't know if he can transit through there or not.

 

British Airways says February for restarting flights direct

 

That was a quick search, the prices suck but it is possible, it depends how bad you want it..

 

 

[milimelo 4,475]

Lots of vague responses as to the country of origin of the love interest studying in Ukraine. 

[replaysports 41]

10 hours ago, coforever said:

Hi there, sorry about your loss and I empathize with you in this situation. Also with all you explained here that you have been through over the years it is easy to yearn for someone’s attention and easily confuse it for being in love,not saying you are not in love or loved back.but matters of immigration is better to go into it with eyes wide open.

 

My advise like others have said ,don’t for any reason marry someone you haven’t spent time with in their home and met his people(family and friends ) Get to know this person properly before committing yourself .Even if you get to see him now the process with this COVID backlog will still take nothing less than 8 to 12 months 

 

Immigration is a very expensive journey even with a joint sponsor, 

 

Just a few mins ago I read on this site of a woman that said the husband has a wife and kid all the while they are married and I felt so sorry for her, this is the reason I always advise people going into it to make sure they do all due diligence(your own investigation ) and convinced without doubt to avoid regrets. Though one can’t know it all.

 

I'm with you... never met the person in person and they are already in talks about marriage... thats insane! ITs like the threads you read about in 2-3 years later about the immigration fraud after...