k1 K1 Last Met in Person 2 Years and 6 Months Ago

[10 years 0]

My fiance (US citizen) and I (Chinese citizen) started dating in 2013 when we were both living in the same city in the US. A year later I moved back to China for work. Throughout the years, we would fly to visit each over a few times each year till COVID blew up in 2020. The last time we saw each other in person was Oct 2019, when I visited him in the US (with a valid 10-year B1 visa). We have lots of proof of our in-person meetings from 2014-2019.  Since the beginning of 2020 and till today, China had very strict zero-covid policy. All China tourist visa were cancelled, so my boyfriend can't visit China. Chinese government also doesn't allow its citizens to travel abroad for non-business/study/immigration purposes. We filed for K1 in April 2022, 2 years and 6 months after we last met in person. Our lawyer believes we qualify for the "extreme hardship" exemption and went for the waiver. However, after browsing this forum, it seems the "extreme hardship" is some kind of unicorn nobody has seen. Can I count on it? If not, what are my best back up plans? Looks like Chinese government isn't gonna lift the travel ban any time soon.

Edited September 2, 2022 by 10 years

[milimelo 4,477]

Don’t think that will be approved - you’re well past 2 years time limit. People still travel from China to other countries, no? Meet and refile or better yet get married and go spousal visa route. 

[powerpuff 6,697]

No, you must meet before filing. There are extremely limited exception as you have seen while researching. I don’t believe yours qualifies because your situation is temporary as opposed to permanent which seems to be the criteria (think extreme disability). USCIS can simply say that you have to wait until restrictions are lifted.
 

2 minutes ago, milimelo said:

People still travel from China to other countries, no?

I don’t believe they do, not for tourist purposes anyway. I think they also stopped issuing passports to citizens if I’m not mistaken 

[Pleasework89 47]

I don't know if you will...but I am sending you my best wishes. It might not be granted. I applied for an extreme hardship expedite request because I live here with my spouse and our USC kid. When the reports about parents being separated from their kids came out and people being denied entry to hospital or purchase of medications....we feared for our safety. My family reunion visa was also expiring...the travel ban and reports of green cards/passports cutting and...just all the hysteria going on...

The tensions between these two countries are not cooling but getting hotter. Making an expedite request can't hurt to try? 

 

Would you ever consider getting married online? Do you know if he could get a Q visa as your spouse with that marriage certificate? 

 

[10 years 0]

Yes, you are right, China banned all non-essential international travel. So unless you can prove it's for study/work/visit immediate family, they send you back at the airports. We waited because we also thought it was temporary, but it's been over two years and unlikely to change within this year.  So it's kind a loop here, I need k1/spousal visa to get out the country, but K1/spousal visa needs us to meet. 

[powerpuff 6,697]

Is there any way a student visa to another country might work out? Maybe something temporary like work and study type of program to a nearby country? I know it is not the cheapest route but certainly would help both of you to meet. If that does work out then I strongly suggest spousal visa as suggested by @milimelo. That way you will be in the immediate relative category to avoid any future problems with travel restrictions.

[Crazy Cat 41,845]

3 hours ago, 10 years said:

My fiance (US citizen) and I (Chinese citizen) started dating in 2013 when we were both living in the same city in the US. A year later I moved back to China for work. Throughout the years, we would fly to visit each over a few times each year till COVID blew up in 2020. The last time we saw each other in person was Oct 2019, when I visited him in the US (with a valid 10-year B1 visa). We have lots of proof of our in-person meetings from 2014-2019.  Since the beginning of 2020 and till today, China had very strict zero-covid policy. All China tourist visa were cancelled, so my boyfriend can't visit China. Chinese government also doesn't allow its citizens to travel abroad for non-business/study/immigration purposes. We filed for K1 in April 2022, 2 years and 6 months after we last met in person. Our lawyer believes we qualify for the "extreme hardship" exemption and went for the waiver. However, after browsing this forum, it seems the "extreme hardship" is some kind of unicorn nobody has seen. Can I count on it? If not, what are my best back up plans? Looks like Chinese government isn't gonna lift the travel ban any time soon.

You don't qualify to file a K-1.  The 2 year meeting requirement is very strict. 

[bradoony 54]

3 hours ago, 10 years said:

My fiance (US citizen) and I (Chinese citizen) started dating in 2013 when we were both living in the same city in the US. A year later I moved back to China for work. Throughout the years, we would fly to visit each over a few times each year till COVID blew up in 2020. The last time we saw each other in person was Oct 2019, when I visited him in the US (with a valid 10-year B1 visa). We have lots of proof of our in-person meetings from 2014-2019.  Since the beginning of 2020 and till today, China had very strict zero-covid policy. All China tourist visa were cancelled, so my boyfriend can't visit China. Chinese government also doesn't allow its citizens to travel abroad for non-business/study/immigration purposes. We filed for K1 in April 2022, 2 years and 6 months after we last met in person. Our lawyer believes we qualify for the "extreme hardship" exemption and went for the waiver. However, after browsing this forum, it seems the "extreme hardship" is some kind of unicorn nobody has seen. Can I count on it? If not, what are my best back up plans? Looks like Chinese government isn't gonna lift the travel ban any time soon.

can you  meet up anywhere else in the world?? 2 years and 6 months not seeing each other is really long time

Edited September 2, 2022 by bradoony

[jan22 3,053]

Sorry, but it Is highly unlikey that it will be approved, IMO.  While the COVID restrictions may have prevented your travels, it did not prevent you from filing the petition until after October 2021, within the two years since your last in-person visit.  

[SteveInBostonI130 3,434]

I only heard mention of 1 extreme hardship waiver being granted, and it was for someone who was disabled and could not travel at all, and the other party could not obtain a visa to visit the US.

 

Last year (or the year before?) there was a poster with extreme fear of flying.  His waiver request was denied.  He ended up driving to Florida and getting on a cruise ship to the Bahamas.  He flew his gf to the Bahamas and they met there.

[Marieke H 2,498]

I also think that the K-1 will be denied.

 

If you would get married (search for Utah Zoom wedding here), would you then be allowed to leave China for family reunification to see your spouse? Then you can meet each other in a third country and file for a CR-1. It does mean that you will have to start over, but it may be your only option. 

[SalishSea 17,828]

10 hours ago, 10 years said:

My fiance (US citizen) and I (Chinese citizen) started dating in 2013 when we were both living in the same city in the US. A year later I moved back to China for work. Throughout the years, we would fly to visit each over a few times each year till COVID blew up in 2020. The last time we saw each other in person was Oct 2019, when I visited him in the US (with a valid 10-year B1 visa). We have lots of proof of our in-person meetings from 2014-2019.  Since the beginning of 2020 and till today, China had very strict zero-covid policy. All China tourist visa were cancelled, so my boyfriend can't visit China. Chinese government also doesn't allow its citizens to travel abroad for non-business/study/immigration purposes. We filed for K1 in April 2022, 2 years and 6 months after we last met in person. Our lawyer believes we qualify for the "extreme hardship" exemption and went for the waiver. However, after browsing this forum, it seems the "extreme hardship" is some kind of unicorn nobody has seen. Can I count on it? If not, what are my best back up plans? Looks like Chinese government isn't gonna lift the travel ban any time soon.

They will not waive the in-person requirement.   Other people from your country have been able to meet in the last two years.

 

You can meet in a third country.

[SalishSea 17,828]

9 hours ago, 10 years said:

Yes, you are right, China banned all non-essential international travel. So unless you can prove it's for study/work/visit immediate family, they send you back at the airports. We waited because we also thought it was temporary, but it's been over two years and unlikely to change within this year.  So it's kind a loop here, I need k1/spousal visa to get out the country, but K1/spousal visa needs us to meet. 

In that case, you’re not eligible to file for a K-1.   You’ll need to marry so that you can meet, and then petition him for a spousal visa.

[Family 3,988]

10 hours ago, jan22 said:

Sorry, but it Is highly unlikey that it will be approved, IMO.  While the COVID restrictions may have prevented your travels, it did not prevent you from filing the petition until after October 2021, within the two years since your last in-person visit.  

That is one crafty and novel denial reason..am scouring through the 2022 AAO decisions and looks like they have not come w that one yet. ..but few hit the mark for hardship anyway even if lockdown timeline proved.