K1 Visa Extreme Hardship Waiver Due to Current Circumstances

[Adventurerjj 0]

My situation is complicated because I (in the U.S.), and my partner (in the Phillipines), will have trouble filling out the 2-year meeting requirement. I live in California so I am unsure about parental rights for something like this. I have two special needs kids one has a trach and one has autism, and her obstacle is financial. Now I am asking under these circumstances, could we fill out a hardship waiver for the K1? Legally my ex(my kid's mother), tells me she will not let me see the kids and take me to court if I go see my partner in the Phillipines for about a week. Is it even legal to say this? I would not be taking the kids with me anyway. Any help would be greatly appreciated.

[J.M. 230]

The wording of your post makes it sound like your ex has primary custody of the children, so it would not seem like a hardship to miss a couple of weeks of visitation if that is the case.  And no, she cannot legally prevent you from seeing your own children or take you to court for going on a vacation.  The custody/visitation rights should be clearly defined in the divorce paperwork.

[Adventurerjj 0]

@J.M. We were not married but yes they live with her and I am involved with them, so there is no custody paperwork. I was worried due to my children's disability this may become an issue. So there is no way for me to apply for a hardship for their needs or financial constraints?

 

 

[powerpuff 6,697]

3 minutes ago, Adventurerjj said:

So there is no way for me to apply for a hardship for their needs or financial constraints?

No, there isn’t. It won’t be approved. The bar is too high for that and your situation doesn’t meet that bar.

 

Not immigration related but you need to go to courts and establish clear custody arrangements. Sounds like your ex is spiteful and jealous and is holding kids over your head because you want to go on vacation with your partner.

[Adventurerjj 0]

@powerpuffI need to do this to meet the meeting requirement so this is why it's important to me, so Ill try to reason with her but she won't.

 

[powerpuff 6,697]

1 minute ago, Adventurerjj said:

@powerpuffI need to do this to meet the meeting requirement so this is why it's important to me, so Ill try to reason with her but she won't.

 

So go to courts and don’t be afraid, they will not take away your visitation rights if you’re an involved parent. They will not take it too kindly to her threatening you to cut you off from your kids because you basically want to live your life and have a partner. I wish you luck, don’t let your ex bully you like that.

[Boiler 45,486]

I am very rarely this specific when we are dealing with what is a judgement call.

 

I do in this case feel comfortable in saying NOT A CHANCE

[powerpuff 6,697]

7 minutes ago, Adventurerjj said:

@powerpuffI need to do this to meet the meeting requirement so this is why it's important to me, so Ill try to reason with her but she won't.

 

It’s still not enough to get the hardship waiver. Yes, your situation has obstacles but it’s not impossible and it’s just a matter of time to resolve. To give you an example of the only hardship waiver I’ve heard was approved in my years of being here is where the petitioner was bed bound due to permanent disability and his fiancé was denied a tourist visa several times to come to the US to fulfill the meeting requirements. I hope this gives you an idea. Your situation is nowhere near that so I’d focus on squaring away your custody arrangements first.

[Adventurerjj 0]

@powerpuff Thanks, I will try to figure it out.

 

@BoilerI had a suspicion but needed some advice, thanks.

[J.M. 230]

31 minutes ago, Adventurerjj said:

@J.M. We were not married but yes they live with her and I am involved with them, so there is no custody paperwork. I was worried due to my children's disability this may become an issue. So there is no way for me to apply for a hardship for their needs or financial constraints?

 

 

Does that also mean there is no court-ordered child support?  If that is the case, then yes, she can take you to court for that.  That has nothing to do with your vacation desire, but sure, she can take you to court for that or to establish custody rules and child support at any time.

[SalishSea 17,827]

4 hours ago, Adventurerjj said:

My situation is complicated because I (in the U.S.), and my partner (in the Phillipines), will have trouble filling out the 2-year meeting requirement. I live in California so I am unsure about parental rights for something like this. I have two special needs kids one has a trach and one has autism, and her obstacle is financial. Now I am asking under these circumstances, could we fill out a hardship waiver for the K1? Legally my ex(my kid's mother), tells me she will not let me see the kids and take me to court if I go see my partner in the Phillipines for about a week. Is it even legal to say this? I would not be taking the kids with me anyway. Any help would be greatly appreciated.

Very much doubt it.  Waivers for the K-1 meeting requirement are HARDLY EVER granted.  You will need to find a way to meet in person if you want to petition someone.

[SalishSea 17,827]

3 hours ago, Boiler said:

I am very rarely this specific when we are dealing with what is a judgement call.

 

I do in this case feel comfortable in saying NOT A CHANCE

Listen to Boiler.  He is an eternal optimist when it comes to waivers.

[Adventurerjj 0]

@J.M.I understand that portion but as my concern was her withholding the children because I wanted to visit a partner in the Philippines. Anyway, I appreciate it, it looks like that alone won't be grounds enough for anything. 

 

[Adventurerjj 0]

@SalishSea I'll just have to have some arguments with their mom, thanks. 

[SalishSea 17,827]

5 minutes ago, Adventurerjj said:

@SalishSea I'll just have to have some arguments with their mom, thanks. 

Or better yet, let the courts decide.  It is not reasonable or legal for a custodial parent to withhold court mandated visitation time for that reason.