k1 visa extreme hardship

[yangshang0 0]

My fiancee and I known each other since last year of this time. It's been a year and we wanted to file our k1 visa but the condition was never met due to the fact it needs to meet in person least once in the past two years.

My fiancee is from Myanmar and since this Feburary the country has been in military control and travel has been forbidden. All commerical flights are not allowed and embassy there are only allow emergency visits. 
I was wondering if I file K1 visa, am I qualify for extreme hardship due to the countries instability? If I can how do I show proof that we are not able to visit each other?

[yvonme 124]

1 hour ago, yangshang0 said:

My fiancee and I known each other since last year of this time. It's been a year and we wanted to file our k1 visa but the condition was never met due to the fact it needs to meet in person least once in the past two years.

My fiancee is from Myanmar and since this Feburary the country has been in military control and travel has been forbidden. All commerical flights are not allowed and embassy there are only allow emergency visits. 
I was wondering if I file K1 visa, am I qualify for extreme hardship due to the countries instability? If I can how do I show proof that we are not able to visit each other?

Hi. It doesn’t hurt to file for an expedite but I’ve read many compelling stories not be approved and some do. I’ve submitted two and were denied. Your proof is submitted through a link they send you to upload documents (what the agent told me). Your qualification is under the discretion of the director who will see your reasons. You may qualify under humanitarian first, it then gets a second look. 
 

Good luck! You may have a chance if your fiancé is going through hard times in that country and conditions regarding militia. I’m unfamiliar with what’s occurring.., God Bless.

[KULtoATL 1,551]

Based on some of the threads I've ever read on here, approval for extreme hardship waivers are few and far between. If you have time, you might want to check out USCIS policy manual covering this: https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

 

No one knows when the lockdown by the military will be eased. Having said that, IF your I-129F with extreme hardship waiver are approved in the near future, is there a guarantee that your fiancee can proceed with a K-1 interview at the embassy and leave Myanmar altogether? K-1 is not exactly an emergency and travel to the US will be unlikely if no flights are going in and out of the country, with no other form of transportation that would make the travel feasible.

 

Having gone through the process myself, I highly suggest that people meet (when possible) prior to embarking on a very costly and long immigration journey. Spending time together online doesn't capture the same essence as being together in person. You may or may not have the same chemistry and attraction in person. And let's be honest for a moment, these things are important to make a relationship work in the long run. Also, you'll want to find out if the person is genuine towards you and the relationship, which in general is a little hard to gauge completely online.

 

Do lots of research before filing and may the best odds be with you and your fiancee

[powerpuff 6,611]

1 hour ago, yvonme said:

Hi. It doesn’t hurt to file for an expedite but I’ve read many compelling stories not be approved and some do. I’ve submitted two and were denied. Your proof is submitted through a link they send you to upload documents (what the agent told me). Your qualification is under the discretion of the director who will see your reasons. You may qualify under humanitarian first, it then gets a second look. 
 

Good luck! You may have a chance if your fiancé is going through hard times in that country and conditions regarding militia. I’m unfamiliar with what’s occurring.., God Bless.

OP has not filed the petition yet. How would he expedite on a petition that doesn’t exist?

[SalishSea 17,751]

57 minutes ago, powerpuff said:

OP has not filed the petition yet. How would he expedite on a petition that doesn’t exist?

Nor have they ever met.  Ineligible.

[powerpuff 6,611]

28 minutes ago, Jorgedig said:

Nor have they ever met.  Ineligible.

And I doubt it will pass under extreme hardship exception. People have petitioned for fiancé’s who live in countries still in war without claiming extreme hardship.

Edited March 20, 2021 by powerpuff

[carmel34 3,611]

OP's question is not about an expedite, but proving extreme hardship to waive the requirement to have met in person 2 years or less from filing an I-129F petition.  From the form's instructions:

 

You may file this petition if you are a U.S. citizen and:
1. You and your fiancé(e):
A. Are legally free to marry and intend to marry within 90 days of your fiancé(e)’s admission to the United States;
and
B. Have met each other in person within the two years immediately before you filed this petition, unless you establish
that either:
(1) The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your
fiancé(e)’s foreign culture or social practice, and that any and all aspects of the traditional arrangements have
been or will be met in accordance with the custom or practice; or
(2) The requirement to meet your fiancé(e) in person would result in extreme hardship to you

 

In this case, the extreme hardship would be based on the USC not being able to travel to Myanmar because of the civil strife going on there and the travel restrictions related to COVID.  If you want to give it a try, prepare the I-129F petition following the instructions, and include a letter requesting a waiver of the requirement to meet in person.  Documents to include might be statements from the DOS website regarding travel to Myanmar, a search of flights to Myanmar showing none available, and Myanmar government statements about travel restrictions to nearby countries where you could meet, that sort of thing.  It's a long shot as others have stated, with the filing fee and time to collect documents all you have to lose.  If the request is denied, then you will have to wait until the travel restrictions change or figure out a way for your intended fiancé to travel to a nearby country, maybe by land or sea if there are really no flights, where you could meet to satisfy the requirement.  The Myanmar travel restrictions are only in place until March 31 right now, so things could change in only a couple of weeks.  The vaccine rollout is accelerating worldwide too.  Patience, time, and money are needed in all things US immigration.  Good luck!

Edited March 20, 2021 by carmel34

[Mike E 11,739]

I might  have some unique expertise here.  
 

So there are two things here.  
 

1. Would USCIS waive the requirement to meet in person two years prior to filing the I-129F.  A famous athlete once said to the effect: “every shot you don’t take has a 100 percent change of not scoring.”  Try.  
 

2. Can the petition be expedited? Yes. Years  before the junta took power, USCIS and State were granting expedites.  At least one other Burmese/American couple on VJ successfully expedited on the basis that Burma is in civil war and has been since WW2.  When you get the NOA1 from the i-129F, and thus a case number, request an expedite.  
 

Bye for now.  Time to get ready for another protest against the junta, my new weekend hobby.  

 

 

[SteveInBostonI130 3,408]

I highly doubt you can qualify.  USCIS will look at the totality of your relationship.  The counter argument is that you could have met in a 3rd country before the military coup.  Or that you can wait for new developments in a year or so.  Typically I would say try it, but in this case you would risk losing your $535 filing fee.

[yvonme 124]

15 hours ago, yvonme said:

Hi. It doesn’t hurt to file for an expedite but I’ve read many compelling stories not be approved and some do. I’ve submitted two and were denied. Your proof is submitted through a link they send you to upload documents (what the agent told me). Your qualification is under the discretion of the director who will see your reasons. You may qualify under humanitarian first, it then gets a second look. 
 

Good luck! You may have a chance if your fiancé is going through hard times in that country and conditions regarding militia. I’m unfamiliar with what’s occurring.., God Bless.

Dont know why that dude is confused. I asked for an expedite twice because my dads death. Need more clarity? @Jorgedig

Edited March 20, 2021 by yvonme
@ someone’s reaction

[yvonme 124]

13 hours ago, powerpuff said:

OP has not filed the petition yet. How would he expedite on a petition that doesn’t exist?

if they were to file. They are speaking in hypothetical so I can reply hypothetically also. 

[powerpuff 6,611]

@yvonme I think you’re confusing OP asking about claiming extreme hardship to waive the requirement to have met within the last 2 years with expediting. The extreme hardship is referring to waiving one of core requirements of the whole I-129f petition - which is to have met once within the past 2 years. OP has not yet met his fiancé at all. Expediting has no place here. It doesn’t apply at all.  

[payxibka 10,045]

A requirement waiver and expedited handling.   My hat's off if someone could pull this off 

[powerpuff 6,611]

12 minutes ago, payxibka said:

A requirement waiver and expedited handling.   My hat's off if someone could pull this off 

That would be one for the record books for sure 

[SalishSea 17,751]

1 hour ago, yvonme said:

if they were to file. They are speaking in hypothetical so I can reply hypothetically also. 

They are not eligible to file, having never met.  That requirement is rarely waived.  An expedite on top of that just won't happen.