No in person meeting. Refile or wait?

[wh930 5]

We submitted i129f on 8/25/2021, and requested waiver for in person meeting, citing covid as the reason. My fiancee lives in China.  She doesn't have a passport, and because of Covid they stopped processing passports unless you have a student or work visa. US citizens also can't go to China without a work or emergency visa. We couldn't think of a way to meet. As evidence for the waiver, I sent email exchanges with Chinese embassy where they denied my visa application. I was hoping this would be okay, but after doing some additional searching recently, I'm really not confident about this getting approved. Do you guys think this has any chance of getting approved and I should wait? We're currently trying to figure out a way to meet in a third country. If we do meet this year, do I have to refile the entire thing? We really don't want to redo this and wait that long again. What's the fastest and best approach here? Thank you.

Edited February 5, 2022 by wh930

[Mike E 11,742]

Well under 1 percent chance of you being approved. Focus on meeting and then refile. 

[powerpuff 6,747]

I’m gonna be honest with you - the waiver won’t be approved. Your situation doesn’t warrant extreme hardship. The only case here on VJ that I’ve heard that was approved for the waiver was the US petitioner being disabled to the point where they were bed-bound and the beneficiary was unable to get a tourist visa. 
 

You should meet and refile.

[Boiler 45,930]

Meet marry and go the CR1 route, well meet a few times first.

[Crazy Cat 42,046]

33 minutes ago, wh930 said:

We submitted i129f on 8/25/2021, and requested waiver for in person meeting, citing covid as the reason. My fiancee lives in China.  She doesn't have a passport, and because of Covid they stopped processing passports unless you have a student or work visa. US citizens also can't go to China without a work or emergency visa. We couldn't think of a way to meet. As evidence for the waiver, I sent email exchanges with Chinese embassy where they denied my visa application. I was hoping this would be okay, but after doing some additional searching recently, I'm really not confident about this getting approved. Do you guys think this has any chance of getting approved and I should wait? We're currently trying to figure out a way to meet in a third country. If we do meet this year, do I have to refile the entire thing? We really don't want to redo this and wait that long again. What's the fastest and best approach here? Thank you.

You will have to meet before filing......book it.  Chances of a denial are greater than 99%.  Yes, you will have to refile everything.   There are valid reasons a couple must actually meet.  This specific waiver is extremely rare.  Good luck on your journey.

Edited February 5, 2022 by Crazy Cat

[wh930 5]

1 hour ago, Boiler said:

Meet marry and go the CR1 route, well meet a few times first.

Would CR1 be faster?

[Boiler 45,930]

Just now, wh930 said:

Would CR1 be faster?

Best guess currently about the same, looking forward several years who knows.

[mushroomspore 3,044]

7 minutes ago, wh930 said:

Would CR1 be faster?

Not faster but CR1 is a better visa because she will be a permanent resident upon entry into the USA and will get her green card shortly after. With K1, you have to do Adjustment of Status to get the green card after you get the K1 and Adjustment is taking 1.5 to 2 years by itself. But even CR1, you have to meet in person and get married. Would be best to see each other in person more than once before filing. None of this is "fast". It will probably take you 2 to 3 years to get a visa if you factor in time for in-person visits. Sorry you wasted your money and time on the first K1 application. There is no way to get around the requirements. Lesson learned.

[wh930 5]

13 minutes ago, mushroomspore said:

Not faster but CR1 is a better visa because she will be a permanent resident upon entry into the USA and will get her green card shortly after. With K1, you have to do Adjustment of Status to get the green card after you get the K1 and Adjustment is taking 1.5 to 2 years by itself. But even CR1, you have to meet in person and get married. Would be best to see each other in person more than once before filing. None of this is "fast". It will probably take you 2 to 3 years to get a visa if you factor in time for in-person visits. Sorry you wasted your money and time on the first K1 application. There is no way to get around the requirements. Lesson learned.

Thank you. We'll be meeting in a third country since I can't go to China. I imagine getting married in a third country would make things more complicated? We've known each other for many years and are sure about this, so will be filing as soon as we meet.

[powerpuff 6,747]

3 minutes ago, wh930 said:

Thank you. We'll be meeting in a third country since I can't go to China. I imagine getting married in a third country would make things more complicated? We've known each other for many years and are sure about this, so will be filing as soon as we meet.

Utah Zoom marriage is your solution.

 

Edited February 5, 2022 by powerpuff

[Mike E 11,742]

2 minutes ago, wh930 said:

Thank you. We'll be meeting in a third country since I can't go to China. I imagine getting married in a third country would make things more complicated? We've known each other for many years and are sure about this, so will be filing as soon as we meet.

Get married via Utah web marriage https://utahcounty.gov/dept/clerkaud/passmarr/WebCeremonyFAQ.asp

 

 

[Letspaintcookies 2,310]

1 hour ago, wh930 said:

Thank you. We'll be meeting in a third country since I can't go to China. I imagine getting married in a third country would make things more complicated? We've known each other for many years and are sure about this, so will be filing as soon as we meet.

So you've met before just not in the last two years? Please don't marry somebody you've never spent time in person with as sure as you might feel about it.

[SalishSea 18,074]

4 hours ago, wh930 said:

We submitted i129f on 8/25/2021, and requested waiver for in person meeting, citing covid as the reason. My fiancee lives in China.  She doesn't have a passport, and because of Covid they stopped processing passports unless you have a student or work visa. US citizens also can't go to China without a work or emergency visa. We couldn't think of a way to meet. As evidence for the waiver, I sent email exchanges with Chinese embassy where they denied my visa application. I was hoping this would be okay, but after doing some additional searching recently, I'm really not confident about this getting approved. Do you guys think this has any chance of getting approved and I should wait? We're currently trying to figure out a way to meet in a third country. If we do meet this year, do I have to refile the entire thing? We really don't want to redo this and wait that long again. What's the fastest and best approach here? Thank you.

The waiver will not be approved.

 

Have you ever met in person?  

 

How will you meet in a third country if she cannot get a passport?

 

There is no "fastest approach" in your situation.  It will be several years before she can immigrate, whichever route you take.

[wh930 5]

11 minutes ago, Jorgedig said:

The waiver will not be approved.

 

Have you ever met in person?  

 

How will you meet in a third country if she cannot get a passport?

 

There is no "fastest approach" in your situation.  It will be several years before she can immigrate, whichever route you take.

We've never met in person, but we've known each other for almost 10 years, since we were both in high school. We'll be meeting for sure, because that's the only way to get the visa. For passport, it's still possible to get one if you know people. Thanks.

[wh930 5]

2 hours ago, powerpuff said:

Utah Zoom marriage is your solution.

 

 

2 hours ago, Mike E said:

Get married via Utah web marriage https://utahcounty.gov/dept/clerkaud/passmarr/WebCeremonyFAQ.asp

 

 

Thank you for the info! We'll consider doing this.