I-129F Have met in person with in two years - requirement

[Ms Roldan 1]

Hello, new to this site. 
I’m a US cItizen, my fiancé a Guatemalan.

We know each other since we were teenagers, over 40 years ago.

I’m divorce over 10 years ago, he is just getting his.  We started dating last year.

We do not meet the two year requirement, I am looking for advise.
should we apply for an exception? Thanks 
 Any advice it’s greatly appreciated. 

[JeanneAdil 6,489]

you need to meet within 2 years

not many waivers for not meeting are approved 

[Allaboutwaiting 2,503]

A waiver for that rule is granted just if it is established that compliance would result in extreme hardship to the petitioner or would violate strict and long-established customs of the K-1 beneficiary’s foreign culture or social practice -as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day-.

 

So, unless your case meets any of these, your case would be denied. 

 

And if he is not divorced yet, he's not free to marry, so you CANNOT file until the divorce is final. 

Edited March 8, 2023 by Allaboutwaiting

[SalishSea 17,803]

28 minutes ago, Ms Roldan said:

Hello, new to this site. 
I’m a US cItizen, my fiancé a Guatemalan.

We know each other since we were teenagers, over 40 years ago.

I’m divorce over 10 years ago, he is just getting his.  We started dating last year.

We do not meet the two year requirement, I am looking for advise.
should we apply for an exception? Thanks 
 Any advice it’s greatly appreciated. 

Why?  Why can you not meet in person?

 

He will need his divorce to be finalized before you petition him for any type of visa.

 

You need to meet up and spend time in person in order to be approved.

 

Also - K-1 is no longer the "fastest."  Both K-1 and CR-1 will take several years for him to actually be here.  You have a lot of reading and research to do into the process - it isn't cheap, fast, or easy.

Edited March 8, 2023 by Jorgedig

[Boiler 45,449]

What would be the basis of your request?

[Ms Roldan 1]

46 minutes ago, JeanneAdil said:

you need to meet within 2 years

not many waivers for not meeting are approved 

Appreciated the feedback

[powerpuff 6,685]

~~ Topic moved from IMBRA sub-section to K1 Process & Procedures ~~

[Ms Roldan 1]

50 minutes ago, Allaboutwaiting said:

A waiver for that rule is granted just if it is established that compliance would result in extreme hardship to the petitioner or would violate strict and long-established customs of the K-1 beneficiary’s foreign culture or social practice -as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day-.

 

So, unless your case meets any of these, your case would be denied. 

 

And if he is not divorced yet, he's not free to marry, so you CANNOT file until the divorce is final. 

Thank you, sadly our case do not meet those requirements. Yes , We are aware his divorce needs to finalized before we could submit the paper work. Appreciate the quick response. 
thanks. 

[Ms Roldan 1]

34 minutes ago, Jorgedig said:

Why?  Why can you not meet in person?

 

He will need his divorce to be finalized before you petition him for any type of visa.

 

You need to meet up and spend time in person in order to be approved.

 

Also - K-1 is no longer the "fastest."  Both K-1 and CR-1 will take several years for him to actually be here.  You have a lot of reading and research to do into the process - it isn't cheap, fast, or easy.

Allow me to explained myself. Yes. We have met in person several times for the past years, just as friends.

We started our relationship in July last year. 
He does not have a visa so I flew last year and we spent the Holidays. 
We are aware cannot file the request until his divorce is final. 
@ Eeading and research that is why I’m in this site.  Appreciated your feedback. 

[Ms Roldan 1]

35 minutes ago, Boiler said:

What would be the basis of your request?

My reason is since he separated in 2021, a year ago and just got his divorce 2022  (thinking of filing when this is done) we don’t have the two years but we know each other since we were teenagers. 
thank you for asking. 

[SalishSea 17,803]

1 minute ago, Ms Roldan said:

Allow me to explained myself. Yes. We have met in person several times for the past years, just as friends.

We started our relationship in July last year. 
He does not have a visa so I flew last year and we spent the Holidays. 
We are aware cannot file the request until his divorce is final. 
@ Eeading and research that is why I’m in this site.  Appreciated your feedback. 

Well then you are saying contradictory things.  Your original post says you do not meet the two year meeting requirement.  Maybe this is a language issue, but you are not communicating clearly here.

 

Once you are both free to marry (i.e. he has the final divorce decree), if you have met in person during the immediate two years, you can file the I-129F petition.

 

Again, I recommend looking at the CR-1 option though.  With the K-1, he would be unable to work or travel for up to a year after arriving.  Green cards are taking up to two years.  K-1 used to be faster, but it no longer is.  Both processes take around two years.

Just now, Ms Roldan said:

My reason is since he separated in 2021, a year ago and just got his divorce 2022  (thinking of filing when this is done) we don’t have the two years but we know each other since we were teenagers. 
thank you for asking. 

Not sure what you mean by "we don't have the two years."

 

The requirement for filing for a K-1 is to have met once during the two years immediately preceding.

[Redro 4,611]

3 minutes ago, Ms Roldan said:

My reason is since he separated in 2021, a year ago and just got his divorce 2022  (thinking of filing when this is done) we don’t have the two years but we know each other since we were teenagers. 
thank you for asking. 

You do not have to document that you have been in a relationship (and free to marry) for two years. 
The requirement is that you have met IN PERSON at least once in the preceding 2 years. 
Once the divorce is finalized you can file the K1. But, if you are able to travel to Guatemala I suggest you consider marrying your partner and petition him for a spousal visa. 

[Ms Roldan 1]

24 minutes ago, ROK2USA said:

You do not have to document that you have been in a relationship (and free to marry) for two years. 
The requirement is that you have met IN PERSON at least once in the preceding 2 years. 
Once the divorce is finalized you can file the K1. But, if you are able to travel to Guatemala I suggest you consider marrying your partner and petition him for a spousal visa. 

I appreciated your feedback  and would consider the option to married overseas.  
If so, I’ll have to file the petition in Guatemala, for a K-3 visa? , correct? 

[Allaboutwaiting 2,503]

3 minutes ago, Ms Roldan said:

I appreciated your feedback  and would consider the option to married overseas.  
If so, I’ll have to file the petition in Guatemala, for a K-3 visa? , correct? 

CR1 (form I-130) is the right petition once you marry. 

As the US citizen, you'd file it from the US.

Edited March 8, 2023 by Allaboutwaiting

[Beth & Achraf 328]

21 hours ago, Ms Roldan said:

I appreciated your feedback  and would consider the option to married overseas.  
If so, I’ll have to file the petition in Guatemala, for a K-3 visa? , correct? 

File in the US,   the K3 is dead. Waste of time with K3

 

 

start by reading the guides here on VJ   very helpful information.

 

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney