Can I request waiver on requirement to meet in person due to pandemic?

[K-9 Visa 11]

My fiancee and I met in-person in January and November 2019. We completed the K-1 visa application and we were scheduled for an embassy interview when the pandemic hit. By the time we were both vaccinated more than two years had passed and our application was closed. Now we have to start the application process again. I'm hesitant to fly because of BA.5. Nolo's Fiance & Marriage Visas says:

 

Quote

The meeting requirement may also be waived if
the U.S. citizen spouse can show that arranging a
physical meeting would result in extreme hardship
to him or her. This exception is usually granted only
in cases where the U.S. citizen suffers from severe
medical problems that would make an overseas visit
difficult.

Can we apply now and claim the waiver with a promise to travel when BA.5 has passed (two months, ojala)?

 

In case you don't know what BA.5 is, it's the most contagious variant of COVID to date. It's also the variant most able to break through in vaccinated people.

 

[Boiler 45,482]

Can you apply, yes.

 

Would you be approved, very unlikely. You would need a solid medical case.

 

There is the additional complication of showing a valid relationship.

[Dashinka 24,492]

I agree, it is unlikely you would be approved.

[Rocio0010 5,579]

You can apply, for sure. I doubt it will be granted. Traveling has been back to normal for a long time now 

[powerpuff 6,697]

That is not a valid excuse to be granted a waiver. You can wait, travel later and apply after that. The only case we know here that was granted was when the US petitioner was severely disabled and bed bound and the beneficiary was not able to be granted a tourist visa to fulfill the meeting requirement.

 

 

[Crazy Cat 41,844]

1 hour ago, K-9 Visa said:

My fiancee and I met in-person in January and November 2019. We completed the K-1 visa application and we were scheduled for an embassy interview when the pandemic hit. By the time we were both vaccinated more than two years had passed and our application was closed. Now we have to start the application process again. I'm hesitant to fly because of BA.5. Nolo's Fiance & Marriage Visas says:

 

Can we apply now and claim the waiver with a promise to travel when BA.5 has passed (two months, ojala)?

 

In case you don't know what BA.5 is, it's the most contagious variant of COVID to date. It's also the variant most able to break through in vaccinated people.

 

You don't qualify under "This exception is usually granted only in cases where the U.S. citizen suffers from severe medical problems that would make an overseas visit
difficult." 

It's time to meet again, and start the process again. 

[Loren Y 2,755]

Out of the past 20 years, maybe 5 of these waivers have been granted, it is very hard to accomplish. Just go visit and refile, or since your going there marry and do the CR1. No way around a visit in your future I would think.

 

As a side note, covid variants are a big money maker, and are never going away. B.5, B.6 is next month, I heard B.7 should be here by September, and then the BIG winter and cold season begins in October/ November when everyone will be locked in their homes again because B.8 is here now, and it is the most contagious ever. But don't worry , by then they will have a new booster from Pfizer that will solve all your problems, and you won't be able to buy water and toilet paper again, but don't worry, Daddy Biden will be there getting you vaccinated while asking for your vote.

Edited July 15, 2022 by Loren Y

[P055UM 281]

Completely understand your reluctance to get on a plane and increase your risk of getting sick.

 

In light of your waiver application being unlikely to succeed, it is worth remembering that the vast majority of people who fly don't end up getting COVID - that is something I told myself when I flew transatlantic recently. Also, N95/99 masks are very cheap and easy to come by these days, so invest in one of those and go and see your love

 

 

[Family 3,988]

5 hours ago, K-9 Visa said:

By the time we were both vaccinated more than two years had passed and our application was closed. Now we have to start the application process again

Some Consular Posts do grant extension, this most recently reported by @KitcatM , who also missed the timeline due to COVID-19 delays…but just got scheduled for a new interview. because CO have the magic power .

 

Exhaust all means of getting your case reopened before you give up.
 

I-129F Extensions Still?

By KitcatM,  July 7 in K-1 Fiance(e) Visa Process & Procedures 

Edited July 15, 2022 by Family

[SalishSea 17,824]

7 hours ago, K-9 Visa said:

My fiancee and I met in-person in January and November 2019. We completed the K-1 visa application and we were scheduled for an embassy interview when the pandemic hit. By the time we were both vaccinated more than two years had passed and our application was closed. Now we have to start the application process again. I'm hesitant to fly because of BA.5. Nolo's Fiance & Marriage Visas says:

 

Can we apply now and claim the waiver with a promise to travel when BA.5 has passed (two months, ojala)?

 

In case you don't know what BA.5 is, it's the most contagious variant of COVID to date. It's also the variant most able to break through in vaccinated people.

 

Did you ever formally withdraw the petition?  Are you sure that it has been closed?  

 

I agree that it is worth a try to have it reinstated, if it is still located at the consulate.  They have the ability to reinstate 'expired' petitions, particularly in the age of COVID.

 

I would request that in writing, along with fresh letters of intent to marry.

 

Good luck!

[Pinkrlion 2,716]

It is hard to overcome the meeting in person requirement in a Carribbean area, especially when you have already met twice.  It is inexpensive to travel, plus you can obtain the booster and stay at a resort with COVID protocols or the home of fiancee to overcome COVID issues.  

[Scandi 4,166]

It's not like the "virus" is going away anytime soon, they will come up with another new variant after the other, there's probably hundreds left. It's time to start living your life like normal unless you have some really poor health that puts you at extreme risk. 

 

If you're really worried to get sick, you should be more worried about going to Walmart for your weekly shopping than flying on an airplane that has really good air filers that filter the air better and more often than even hospitals do. 

[Lemonslice 4,836]

4 hours ago, Scandi said:

It's not like the "virus" is going away anytime soon, they will come up with another new variant after the other, there's probably hundreds left. It's time to start living your life like normal unless you have some really poor health that puts you at extreme risk. 

 

If you're really worried to get sick, you should be more worried about going to Walmart for your weekly shopping than flying on an airplane that has really good air filers that filter the air better and more often than even hospitals do. 

Who is they?

[Boiler 45,482]

This seems a straightforward case

 

Of course the adjustment was abandoned when they left prematurely without AP

 

Being allowed entry with AP seems risky but worked in this case, could equally entered as a visitor and re filed

[Scandi 4,166]

2 hours ago, Lemonslice said:

Who is they?

Whatever experts/labs it is that identifies and comes up with names for new variants. I can't even remember how many there has been this far, I'm sure there are hundreds left.

Edited July 16, 2022 by Scandi