Meeting face to face - Two year rule?

[Seraph2042 37]

Hey Folks,

 

This particular thought just came to me last night and has been bugging me ever since. I last saw my Fiancé in Feb 2020, when I was in the US for three weeks. We have met three times before that visit. We submitted the petition in December 2020 and I got my NOA2 last month. I am not sure when the case will be forwarded to the embassy and when I might be able to schedule the interview. My fear is that, if I get an Interview date after February 2022, Would I be in Violation of the two year face to face meeting rule? Or does the rule apply for when submitting the petition?

 

We were supposed to meet this year in June, but it didn't happen due to the second wave of Covid in India, that hit us this March. This resulted in many European/Asian countries and US/Canada restricting travel or banning travel altogether to/from India. The restrictions are still in place. And most of the countries do not allow tourists at the moment. We will be writing to his local Congresswoman in Dallas requesting an exception to travel but I am not sure if that will help. Is anyone in the same boat? Do we need some kind of a waiver?

 

Below is the tiny list of countries where Indians are allowed without Quarantine, but I do not feel safe meeting there at the moment. Any help is appreciated.

 

https://qz.com/india/2023369/which-countries-have-relaxed-the-travel-ban-on-indians/

[powerpuff 6,697]

2 year meeting rule is to file the petition. There’s no requirement to see each other after filing the petition or before the interview. However, it is highly recommended to meet again if possible to show proof of relationship at the interview and make your case stronger. 

[SalishSea 17,818]

53 minutes ago, Seraph2042 said:

We will be writing to his local Congresswoman in Dallas requesting an exception to travel but I am not sure if that will help.

What does this even mean?

[Crazy Cat 41,836]

1 hour ago, Seraph2042 said:

We will be writing to his local Congresswoman in Dallas requesting an exception to travel but I am not sure if that will help.

It won't.  A Congressperson has no authority to do that.   Don't even waste your time.  

Edited September 16, 2021 by Crazy Cat

[Crazy Cat 41,836]

1 hour ago, Seraph2042 said:

but I do not feel safe meeting there at the moment.

That is your personal preference, but nothing more.  You have no choice, but to wait until you feel safe, then act accordingly.  

Edited September 16, 2021 by Crazy Cat

[Unlockable 7,314]

1 hour ago, Seraph2042 said:

We will be writing to his local Congresswoman in Dallas requesting an exception to travel but I am not sure if that will help.

They literally have no authority to do that. 

 

1 hour ago, Seraph2042 said:

 Do we need some kind of a waiver?

Don't waste your time. We never see anyone overcome the meeting in person rule. They are very strict with it.

 

Regardless, you have met the requirement. You met in person within 2 years of when you filed. No need to find alternative methods. However, it is good to continue to meet in person during the wait if you can. 

[Crazy Cat 41,836]

1 hour ago, Seraph2042 said:

Hey Folks,

 

This particular thought just came to me last night and has been bugging me ever since. I last saw my Fiancé in Feb 2020, when I was in the US for three weeks. We have met three times before that visit. We submitted the petition in December 2020 and I got my NOA2 last month. I am not sure when the case will be forwarded to the embassy and when I might be able to schedule the interview. My fear is that, if I get an Interview date after February 2022, Would I be in Violation of the two year face to face meeting rule? Or does the rule apply for when submitting the petition?

 

We were supposed to meet this year in June, but it didn't happen due to the second wave of Covid in India, that hit us this March. This resulted in many European/Asian countries and US/Canada restricting travel or banning travel altogether to/from India. The restrictions are still in place. And most of the countries do not allow tourists at the moment. We will be writing to his local Congresswoman in Dallas requesting an exception to travel but I am not sure if that will help. Is anyone in the same boat? Do we need some kind of a waiver?

 

Below is the tiny list of countries where Indians are allowed without Quarantine, but I do not feel safe meeting there at the moment. Any help is appreciated.

 

https://qz.com/india/2023369/which-countries-have-relaxed-the-travel-ban-on-indians/

Is your USC a member here?  If not please invite him/her to join us.

[Seraph2042 37]

1 hour ago, Jorgedig said:

What does this even mean?

Ahh!! It was a desperate attempt at having some proof to show we TRIED! Based on other's suggestions here, we are not moving forward with that anymore. 

Edited September 16, 2021 by Seraph2042

[Seraph2042 37]

59 minutes ago, Unlockable said:

They literally have no authority to do that. 

 

Don't waste your time. We never see anyone overcome the meeting in person rule. They are very strict with it.

 

Regardless, you have met the requirement. You met in person within 2 years of when you filed. No need to find alternative methods. However, it is good to continue to meet in person during the wait if you can. 

@Unlockable Thank you. Dropping the congressman idea! We will try to meet but it seems very unlikely anymore. 

[Seraph2042 37]

1 hour ago, Crazy Cat said:

That is your personal preference, but nothing more.  You have no choice, but to wait until you feel safe, then act accordingly.  

Thank you @Crazy Cat. I will wait it out and stop overthinking! It's eating me alive. Yes, he is already a member here but not very active I suppose. Did you want him to message you?

[Crazy Cat 41,836]

10 minutes ago, Seraph2042 said:

Thank you @Crazy Cat. I will wait it out and stop overthinking! It's eating me alive. Yes, he is already a member here but not very active I suppose. Did you want him to message you?

I just wanted to make sure he is aware of the community.  Thanks.  I wish you both well.

[Seraph2042 37]

17 minutes ago, Crazy Cat said:

I just wanted to make sure he is aware of the community.  Thanks.  I wish you both well.

Thank you:)

[TWISTIE 30]

3 hours ago, Seraph2042 said:

@Unlockable Thank you. Dropping the congressman idea! We will try to meet but it seems very unlikely anymore. 

If I am not wrong then I believe you were intended to say that you wanted your fiancé to visit to India but because of restrictions (?) in place he is unable to visit over there and then you guys were thinking to get his congressman help for him to be travel to India...am I right? If so, then please know that US govt. is not preventing any of its citizens to travel to India nor it has placed any restriction to travel to India. However, there is only an advisory for US citizens to travel to India because of given situation over there. So, from US govt. point of view, your fiancé is free to travel to India. I am a US citizen too, and I am going to India early next month.

 

However, the restriction that is placed is actually from Indian govt. for every foreigner to travel to India for tourism. And this restriction was placed last year in March, 2020 right after covid had hit the world, and this restriction is still in place. That means your fiancé can not travel to India right now because he can not get tourist visa to go there. However, Indian govt. does allow to travel to India on Emergency visa...a special visa that they have created only after covid...which facilities foreigners to travel to India only when their close relative/friend has died or is in critical condition. But they would need a death certificate or doctor’s letter describing critical medical condition. And I don’t think your fiancé will be eligible for this one too because he is not related to you so far...I mean, a legal relationship.

 

Then question arises that how I am being able to go to India being a US citizen? Its because I have OCI...kinda dual citizenship...and I am allowed to go to India without visa. Now, nobody knows when Indian govt. would lift the ban on tourist visa for foreigners...but my hunch is that it would probably be next year in June-July or in the end of next year...because covid situation is not improving that much over there...Thus, you guys might think to meet up in another country...The list you have provided is a good one...and most Indians are visiting to Turkey lately ..either to get married or to meet up...For me, I would choose Russia because I like cold places...

 

By the way, US congresspeople won’t be able to do anything in this regard. But I know that you guys have ruled that out now. And, as you were already given correct information above that you do not need to meet in person more than once within last 2 yrs...The requirement for K-1 visa is you have to just meet at least once in last two years...and this requirement comes in picture when you file/submit your petition, and not when you will be interviewed or when you would arrive to US. So, you guys are fine. However, if you guys could meet in person more then it would just straighten your case, but then every US consular officers know, in India, that its totally impossible for anyone to travel to India, given how pandemic is there since last year...I can bet you that they wouldn’t even care any Indian to meet up more than once...not even in another country because there is too much risk and restrictions going around everywhere...Consular officers are themselves sitting in home there...that’s why US consulates and Embassy are totally empty there...and recently opened for limited work. So, they would know that its just not possible for anyone to move around during pandemic especially to/from India.

 

Anyway, since you already received NOA2 last month then I assume it will not take more than 6 months for you to get interview...Its my assumption.

[Seraph2042 37]

17 hours ago, TWISTIE said:

If I am not wrong then I believe you were intended to say that you wanted your fiancé to visit to India but because of restrictions (?) in place he is unable to visit over there and then you guys were thinking to get his congressman help for him to be travel to India...am I right? If so, then please know that US govt. is not preventing any of its citizens to travel to India nor it has placed any restriction to travel to India. However, there is only an advisory for US citizens to travel to India because of given situation over there. So, from US govt. point of view, your fiancé is free to travel to India. I am a US citizen too, and I am going to India early next month.

 

However, the restriction that is placed is actually from Indian govt. for every foreigner to travel to India for tourism. And this restriction was placed last year in March, 2020 right after covid had hit the world, and this restriction is still in place. That means your fiancé can not travel to India right now because he can not get tourist visa to go there. However, Indian govt. does allow to travel to India on Emergency visa...a special visa that they have created only after covid...which facilities foreigners to travel to India only when their close relative/friend has died or is in critical condition. But they would need a death certificate or doctor’s letter describing critical medical condition. And I don’t think your fiancé will be eligible for this one too because he is not related to you so far...I mean, a legal relationship.

 

Then question arises that how I am being able to go to India being a US citizen? Its because I have OCI...kinda dual citizenship...and I am allowed to go to India without visa. Now, nobody knows when Indian govt. would lift the ban on tourist visa for foreigners...but my hunch is that it would probably be next year in June-July or in the end of next year...because covid situation is not improving that much over there...Thus, you guys might think to meet up in another country...The list you have provided is a good one...and most Indians are visiting to Turkey lately ..either to get married or to meet up...For me, I would choose Russia because I like cold places...

 

By the way, US congresspeople won’t be able to do anything in this regard. But I know that you guys have ruled that out now. And, as you were already given correct information above that you do not need to meet in person more than once within last 2 yrs...The requirement for K-1 visa is you have to just meet at least once in last two years...and this requirement comes in picture when you file/submit your petition, and not when you will be interviewed or when you would arrive to US. So, you guys are fine. However, if you guys could meet in person more then it would just straighten your case, but then every US consular officers know, in India, that its totally impossible for anyone to travel to India, given how pandemic is there since last year...I can bet you that they wouldn’t even care any Indian to meet up more than once...not even in another country because there is too much risk and restrictions going around everywhere...Consular officers are themselves sitting in home there...that’s why US consulates and Embassy are totally empty there...and recently opened for limited work. So, they would know that its just not possible for anyone to move around during pandemic especially to/from India.

 

Anyway, since you already received NOA2 last month then I assume it will not take more than 6 months for you to get interview...Its my assumption.

@TWISTIE Thank you so much for clarifying. You are right, its the Indian govt restricting travel for tourists from US. I had never heard of OCI, had to look it up, that was good to know. And yes, Russia would have been a good place to meet but it won't be possible anymore. We should have put some extra effort and planned earlier but the thought of meeting in a third country never struck either of us. But your last paragraph puts me so much at ease though, thanks much!

[TWISTIE 30]

6 hours ago, Seraph2042 said:

@TWISTIE Thank you so much for clarifying. You are right, its the Indian govt restricting travel for tourists from US. I had never heard of OCI, had to look it up, that was good to know. And yes, Russia would have been a good place to meet but it won't be possible anymore. We should have put some extra effort and planned earlier but the thought of meeting in a third country never struck either of us. But your last paragraph puts me so much at ease though, thanks much!

OCI stands for Oversees Citizenship of India. Its for for those foreigners who were once Indian or their parents or grandparents were Indian one at a time...or Indian descendent people. This is like US green card...For example, once you come to US, became a green card holder and then later on a US citizen then you will need to give up your Indian citizenship because Indian constitution doesn’t allow dual citizen...Indian descendant people around the world were demanding from Indian govt. to allow them dual citizenship but as I said that Indian laws don’t allow dual citizenship...So, 12 yrs ago Indian govt came up with this...OCI...which is kinda Indian version of green card...Once you would have OCI, you will never need Indian visa to go to India..and can stay in India forever if you want...and don’t need to report to Police which is the case if someone would stay over 180 days on any other visa...we can buy properties...and obtain Indian driving license and other stuffs...Only thing we are not allowed to do is- vote in India and we can not buy agricultural land...That’s.

 

So, when I became a US citizen, I immediately applied for OCI here in US at Indian consulate...It takes 2-3 months to process...They would give you a passbook like a passport. So, when you would become a US citizen in the future, you could also apply for this if you would wish to...and you can apply for your husband too even though he is not Indian descendant so long you guys would still be married because Indian laws state that a OCI holder’s spouse is also considered a NRI (non resident Indian) even though s/he is not Indian descendant so long OCI holder is still married to that person. If you guys ever be divorced then his OCI status would be revoked automatically.

 

Many Indian people don’t apply for OCI after obtaining foreign citizenship because they think its waste of money because one could get 10 yrs Indian visa only for $100 or something...so they don’t want to spend $250 or something to get OCI and OCI must need to be renewed every 10 yrs or whenever your US passport (foreign passport) would get renewed...That means you would need to spend another $250 or more again along with filing paperwork’s to renew it. However, if you have a tourist visa then you can not enter into India twice in 6 months...You must need to wait, I think 6 month to enter to India even though you have multiple entry visa. Also, as you know anyone who has Indian tourist visa then this visa is suspended for now...One can not travel to India on a tourist visa nor can obtain at this time...So, OCI comes handy...However, if you will not be going to India often then you might not need it...I go to India twice a year...so its very comfortable...We get to stand in special Immigration line in India, during arrival and departure time....Its a special privilege...Whenever you go to any airport in India then check at those line which states- for OCI holders...

 

Yes, just don’t overthink. I know how nerve recking is this immigration process...been there, done that...Just focus on collecting evidence of your chat and call with your fiancé. I am not sure where you guys met before but it must be outside of US. And don’t forget to read interview experiences on this site from India...there are thousands of those postings...It took me 3 weeks to read over...but it will tell you what questions and documents will be asked from you at the interview...It would really help you. Did you check that out yet?

 

As for your fiancé to get involved over here then I don’t think he needs anymore help from here because he has already done what he was supposed to do...like filing I-129F...but now its all about you...You will be interviewed...So, your involvement alone over here would do the trick...

 

 

Edited September 17, 2021 by TWISTIE