More than a journey, an odyssey begins.

[davecave 0]

As everyone here knows, the road to a K1 visa is long, winding, and strewn with pot-holes. In my case, there are a few extra side trips that I've been sent on.

I have a physical disability that makes it impossible to travel without a companion. It's just too hard to manage a wheelchair, and all of the little things that come up, without some help. I don't have much difficulty in my daily life.

I haven't traveled to the Philippines to meet my fiancee in person, so we have not met the two year meeting requirement. The obvious option would be getting a tourist visa for her, but of course, that is not so easy.

Another choice would be to apply for the K1, and cite hardship as a reason for not having met. Searches here, and of other sites yield responses that none have ever heard of such applications being approved.

The good news is that I have read through several years worth of K1 appeals cases, and I found seven cases that were approved on appeal. From reading those, and many, many denials, I also learned what I need to do.

I must provide detailed documentation, from my physician, of my disability, and that I am unable to travel to the Philippines, or a third country.

She must apply for a tourist visa. If she is denied, I then have proof that we tried to meet in person. If she is approved, that's great!

She has an interview on Thursday, November 8, at 9:00 AM, at the Embassy in Manila. She has no strong ties. To try to help her chances of approval, I have sent a letter for her to present, stating our situation, a letter from my doctor, and though it probably won't make any difference, an affidavit of support, and financial evidence.

I also wrote letters to my U.S. Senators, and Congresswoman. I explained that without an approved tourist visa, it was almost a certainty that a K1 application would face even more delays than usual, due to our having not met in person.

I think it is a reasonable request to have a tourist visa granted in these types of situations.

I now that some of you will question how I can be sure about a woman that I have not spent time with. It sounds very strange to me, that two people can fall in love on the telephone. Neither of us are naive. We have both loved before, and been hurt before. We talk about the real world and life, not just the dreamy, romantic things of new love. All I can say is that we "click" in ways that I never did before. I have known other women for years, and not known the as well. She and I are in sync. I do agree that being able to spend time together is important. Both of us are hoping against all odds that her tourist visa is approved.

Any thoughts, or suggestions?

Thanks for listening. I'm sorry if my post is confusing. This whole process has me feeling like a dog who's chasing his tail!

Dave loves Amy

[Dakine 26]

You will save both of you a lot of time and grief if you forget about trying to beat the system and fly over and meet her.

The USCIS rule for having met in person is completely valid.

LOTS of LDR relationships go belly up when meeting for the first time.

My first one for one.

Hopefully she will get a tourist visa.

If she is young without reasons she MUST return to PI the odds are poor.

I don't have much difficulty in my daily life.

Every trip I make to PI there are a dozen or so peeps in wheel chairs at the front of the line.

Edited October 27, 2007 by Haole

[chris4gretchen 1]

Searches here, and of other sites yield responses that none have ever heard of such applications being approved.

The good news is that I have read through several years worth of K1 appeals cases, and I found seven cases that were approved on appeal. From reading those, and many, many denials, I also learned what I need to do.

Actually a guy on WOF was approved at the us stage. he had letters from his doctor, his church etc. Now granted he hasnt been approved at the manila embassy stage yet. but he did get USCIS approval.

It is not impossible for approval, just very very rare.

Chris

Edited October 28, 2007 by chris4gretchen

[davecave 0]

You will save both of you a lot of time and grief if you forget about trying to beat the system and fly over and meet her.

The USCIS rule for having met in person is completely valid.

LOTS of LDR relationships go belly up when meeting for the first time.

My first one for one.

Hopefully she will get a tourist visa.

If she is young without reasons she MUST return to PI the odds are poor.

I don't have much difficulty in my daily life.

Every trip I make to PI there are a dozen or so peeps in wheel chairs at the front of the line.

Hey, thanks for your reply. Trying to see my post from your perspective, I can see how my statement about my daily life could make it seem as though I am trying to "beat the system" as you put it.

Had I expanded on what my daily life entails, and how I manage it with little difficulty through the use of adaptive equipment, and an environment custom tailored to my specific needs through years of finding what does, and doesn't work, and how I feel on any particular day, maybe you would have given me the benefit of the doubt. Maybe not. Every person you see in a wheelchair is not of the same ability. I am envious of those who can manage more independently than I. I am a man of iron will. Life has dictated that, but I am aware of my limitations. Painfully so, at times.

The USCIS rule for meeting is absolutely valid. What I have a problem with is the lack of procedures in place for the few, that have legitimate reasons, that would allow that meeting to take place in the states. For the rules to state that the meeting requirement can be waived, and allow two people who have never met to marry, but NOT have a provision that would easily allow a meeting, is absurd, don't you agree? Again not for lazy men ,or scammers, but those with documented disabilities, that would benefit from meeting here. That isn't going to open the floodgates of illegal immigration.

Relationships go belly up all of the time, for all sorts of reasons. It makes far more sense to allow a potential spouse to visit, and be allowed to see first hand what life with a disabled partner is really like here.

It is not at all about beating the system. It is about working within the system, in the best interest of two people.

[Dakine 26]

You will save both of you a lot of time and grief if you forget about trying to beat the system and fly over and meet her.

The USCIS rule for having met in person is completely valid.

LOTS of LDR relationships go belly up when meeting for the first time.

My first one for one.

Hopefully she will get a tourist visa.

If she is young without reasons she MUST return to PI the odds are poor.

I don't have much difficulty in my daily life.

Every trip I make to PI there are a dozen or so peeps in wheel chairs at the front of the line.

Hey, thanks for your reply. Trying to see my post from your perspective, I can see how my statement about my daily life could make it seem as though I am trying to "beat the system" as you put it.

Had I expanded on what my daily life entails, and how I manage it with little difficulty through the use of adaptive equipment, and an environment custom tailored to my specific needs through years of finding what does, and doesn't work, and how I feel on any particular day, maybe you would have given me the benefit of the doubt. Maybe not. Every person you see in a wheelchair is not of the same ability. I am envious of those who can manage more independently than I. I am a man of iron will. Life has dictated that, but I am aware of my limitations. Painfully so, at times.

The USCIS rule for meeting is absolutely valid. What I have a problem with is the lack of procedures in place for the few, that have legitimate reasons, that would allow that meeting to take place in the states. For the rules to state that the meeting requirement can be waived, and allow two people who have never met to marry, but NOT have a provision that would easily allow a meeting, is absurd, don't you agree? Again not for lazy men ,or scammers, but those with documented disabilities, that would benefit from meeting here. That isn't going to open the floodgates of illegal immigration.

Relationships go belly up all of the time, for all sorts of reasons. It makes far more sense to allow a potential spouse to visit, and be allowed to see first hand what life with a disabled partner is really like here.

It is not at all about beating the system. It is about working within the system, in the best interest of two people.

I agree with you on USCIS should look closer at individual cases such as yours and others.

Sad that they don't take into consideration peoples moms and dads also that are very old and there wouldn't be any

System is just to big I guess.

Yo cris41

I saw the thread on WOF on the guy that "claimed" he got thru the service center approval. Couldn't really tell if he was for real tho as he was on the defensive bigtime.

Like you said , if it was for real, he/his lady still had the USEM interview to get thru.

Never heard anymore from him.

Edited October 28, 2007 by Haole

[sunandmoon 450]

It looks like you know what your up against. let us know how the tourist visa interview goes. I hope everything can work out for you.

[JoanBill 0]

As everyone here knows, the road to a K1 visa is long, winding, and strewn with pot-holes. In my case, there are a few extra side trips that I've been sent on.

I have a physical disability that makes it impossible to travel without a companion. It's just too hard to manage a wheelchair, and all of the little things that come up, without some help. I don't have much difficulty in my daily life.

I haven't traveled to the Philippines to meet my fiancee in person, so we have not met the two year meeting requirement. The obvious option would be getting a tourist visa for her, but of course, that is not so easy.

Another choice would be to apply for the K1, and cite hardship as a reason for not having met. Searches here, and of other sites yield responses that none have ever heard of such applications being approved.

The good news is that I have read through several years worth of K1 appeals cases, and I found seven cases that were approved on appeal. From reading those, and many, many denials, I also learned what I need to do.

I must provide detailed documentation, from my physician, of my disability, and that I am unable to travel to the Philippines, or a third country.

She must apply for a tourist visa. If she is denied, I then have proof that we tried to meet in person. If she is approved, that's great!

She has an interview on Thursday, November 8, at 9:00 AM, at the Embassy in Manila. She has no strong ties. To try to help her chances of approval, I have sent a letter for her to present, stating our situation, a letter from my doctor, and though it probably won't make any difference, an affidavit of support, and financial evidence.

I also wrote letters to my U.S. Senators, and Congresswoman. I explained that without an approved tourist visa, it was almost a certainty that a K1 application would face even more delays than usual, due to our having not met in person.

I think it is a reasonable request to have a tourist visa granted in these types of situations.

I now that some of you will question how I can be sure about a woman that I have not spent time with. It sounds very strange to me, that two people can fall in love on the telephone. Neither of us are naive. We have both loved before, and been hurt before. We talk about the real world and life, not just the dreamy, romantic things of new love. All I can say is that we "click" in ways that I never did before. I have known other women for years, and not known the as well. She and I are in sync. I do agree that being able to spend time together is important. Both of us are hoping against all odds that her tourist visa is approved.

Any thoughts, or suggestions?

Thanks for listening. I'm sorry if my post is confusing. This whole process has me feeling like a dog who's chasing his tail!

Dave loves Amy

Because of your disability, I think it in both of your best interests to meet in whatever way you can.

[jom 4]

We both wish you all the best in working with the system. Our prayers are with you and your lady. As they say, there is no harm in trying. . . whatever is the result at least you know, you did your best despite the degree of difficulty of the process and your circumstances. Goodluck

Myla

[JenT 0]

Because of your disability, I think it in both of your best interests to meet in whatever way you can.

I agree... and I think it's best that she come here if at all possible. The reality of day to day living is a huge adjustment for those who are moving here to the US. Some relationships don't make it, even through the best of circumstances. It's only fair to her that she knows exactly how her life will change when she arrives.

Best wishes to both of you - Jen

[john_and_marlene 162]

Here is a case where it was successful after appeal.

I used this firm myself. Their rate was a flat $2500 which included everything from the initial filing to Adjustment of Status. They do a large number of cases dealing with the Philippines. Tod Schlosser makes frequent trips to The Philippines and Thailand to work with clients.

NOTE: The following case involved an exception to the meeting requirement. Original I-129 F Petition For fiancee (fiance) was filed on August 16, 2000 at the Nebraska Service Center. We received a denial notice and appealed back to the Nebraska Service Center on March 05, 2001 and again were denied. We appealed to the INS Commissioner in Washington, DC, and the case was certified for review on September 22, 2001, and APPROVED May 21, 2002. Here are the Petitioner's own words of the events.

Side Note: These decisions do not come easy but if you have a valid reason for NOT Meeting your fiancee (fiance), we can help you. See recent USCIS decisions in this area (99% denials).

Hi all at RHC,

This is such a paramount victory we should share this story with others who are unsure about their chances for success. I would first like to explain that I am legally blind and would have extreme difficulty in foreign travel. So the odds were already stacked against me. Hiring a Sighted Guide would crash my economy. USCIS has provisions in their rules for waiver of the first meeting on foreign soil. The petitioner is exempt from the requirements for a meeting if it is established that a hardship would occur. In my case, we felt that the financial burden was that hardship. This case was appealed at the level of Commissioners Office In Washington D. C. and we won. I also believe that this case will set precedence for other cases to come. USCIS is not known for their sensitivity towards anyone’s feelings but this approval may say that policies are changing. They finally must realize that because a person may not see or walk, they still love and want to be loved. Thanks for being steadfast with this case, you hung in there and saw it to the end..

Dan K.

(Russia to the USA)

http://www.fiancee-visa.net/letters.htm