Medical waiver for K1 Visa

[sunsi 0]

I've known my fiance for over 2 years and we have made plans for him to come here to the States and for us to be married.

I have a daughter with a medical condition that prevents me from traveling to meet him in person. Surgery plans were on/off repeatedly for the plus 2 years that I've know my fiance so it's been difficult to make any concrete travel plans or to find a caregiver for my daughter while I made the trip.

My question is when I submit the I-129F Cover Letter do I send along statements from my daughters neurosurgeon and neurologist or wait for them to ask me for these doctor statements?

My fiance feels we should start this process ourselves and if we determine later on that a lawyer is needed to then get one but I wonder if we should get a lawyer right away to smooth the process. I've read that waivers are rare and hard to get and I don't want any long, drawn out glitches.

Any advise would be appreciated especially from anyone who has gone through a simular situation, thank you.

[john_and_marlene 162]

I've known my fiance for over 2 years and we have made plans for him to come here to the States and for us to be married.

I have a daughter with a medical condition that prevents me from traveling to meet him in person. Surgery plans were on/off repeatedly for the plus 2 years that I've know my fiance so it's been difficult to make any concrete travel plans or to find a caregiver for my daughter while I made the trip.

My question is when I submit the I-129F Cover Letter do I send along statements from my daughters neurosurgeon and neurologist or wait for them to ask me for these doctor statements?

My fiance feels we should start this process ourselves and if we determine later on that a lawyer is needed to then get one but I wonder if we should get a lawyer right away to smooth the process. I've read that waivers are rare and hard to get and I don't want any long, drawn out glitches.

Any advise would be appreciated especially from anyone who has gone through a simular situation, thank you.

I think you will probably have to prove several things for a medical hardship and will probably need to consult with an attorney. You will most likely have to show that noone other than yourself is available to care for your daughter in your absence. You will most likely need to show that your daughter cannot travel even to either Canada or Mexico and that your fiance has been refused visitor visas for the U.S. and any other country that it would be possible to visit with your daughter like Canada and Mexico and any other location not excluded medically for travel with your daughter. Even with all that you may be denied the waiver if her condition can be corrected with the surgery which would allow travel in the future. You may have to wait until your daughter's condition is corrected/improved to the extent that a meeting can take place.

[Jaylen Brit 0]

Might be an idea also to have yr fiance do one of those 'consultation for advice' things with an attorney - you pay a flat fee and can ask a question or 4 - see what you actually NEED without comitting to a costly process. Alternatively contact the US embassy in Poland and ask THEM for advice if they have an email query section.

[john_and_marlene 162]

To give you an idea at just how difficult it will be to get a waiver of meeting, take a look at the rulings from the USCIS here-> http://uscis.gov/graphics/lawsregs/admindec3/d6/index.htm

[aussiewench 9]

john_and_marlene is correct in that you will possibly have difficulties being approved a waiver based just on your daughters medical condition. Whilst your daughters medical condition may be accepted as valid reason, you would also have to show and give valid acceptable reason as to why your fiance can not travel to meet with you instead. They dont just look at one side. Wishing you all the very best.

Lorelle

[sunsi 0]

Thank you, john_and_marlene and Jaylen Brit for taking the time to respond with those helpful replies. You brought up information that I hadn't thought of or was even aware of. For instance, the thought never crossed my mind that they would ask us to wait till my daughter could travel leaving plans up in the air.

I think that at this point I'm comfortable with the idea of consulting a lawyer because there are too many things that can go wrong and I need this experience to be as flawless as possible for us.

Again, thanks for your replies.

[sunsi 0]

aussiewench:

Whilst your daughters medical condition may be accepted as valid reason, you would also have to show and give valid acceptable reason as to why your fiance can not travel to meet with you instead.

In my panic I had forgotten that...it seems a longer route to take but it can be done. If I remember correctly though there is a cut-off date for appling and we may have missed it for this year so appling for a K1 Visa might still be a good gamble...any thoughts on that?

Looks like I have to do some more research looking at it from his side now but thanks for pointing that out aussiewench, and your kind wishes.

Edited April 18, 2006 by sunsi

[Linababe 0]

I've known my fiance for over 2 years and we have made plans for him to come here to the States and for us to be married.

I have a daughter with a medical condition that prevents me from traveling to meet him in person. Surgery plans were on/off repeatedly for the plus 2 years that I've know my fiance so it's been difficult to make any concrete travel plans or to find a caregiver for my daughter while I made the trip.

My question is when I submit the I-129F Cover Letter do I send along statements from my daughters neurosurgeon and neurologist or wait for them to ask me for these doctor statements?

My fiance feels we should start this process ourselves and if we determine later on that a lawyer is needed to then get one but I wonder if we should get a lawyer right away to smooth the process. I've read that waivers are rare and hard to get and I don't want any long, drawn out glitches.

Any advise would be appreciated especially from anyone who has gone through a simular situation, thank you.

which visa would u apply for? the K1 or K3? K1 states you have to have met within the last 2 years of applying. Can he come over to visit you in the states if you cant fly to him? that would be best option first and then yo may start the paperwork. It doesnt matter who travels to who, only that you prove that you have met physically and prove the ongoing relationship.

Lina (UKC)

[Ladylethal 12]

They might also wonder why your fiance never came to see you, and you´ll have to prove that he couldn´t as well.

[john_and_marlene 162]

If I remember correctly though there is a cut-off date for appling and we may have missed it for this year so appling for a K1 Visa might still be a good gamble...any thoughts on that?

I think a K1 would not be a good gamble. In my opinion, you will be throwing away your money and wasting your time. I think your chance of denial is 100%. I don't want to rain on your parade, but they are absolutely steadfast on the meeting requirement. You do have the possibility of meeting ... the timeframe isn't what you would like it to be and you may have to wait a long time, but I think the chances of them waivering the meeting on these grounds is virtually nonexistent.

[sunsi 0]

Linababe:

which visa would u apply for? the K1 or K3?

We would be appling for the K1 but you and others have stated that they might ask for him to come here instead. This would add a year and a half (or more) to our meeting but until I look up the facts regarding that I'm just going on my memory of what I've read.

john_and_marlene:

To give you an idea at just how difficult it will be to get a waiver of meeting, take a look at the rulings from the USCIS here-> http://uscis.gov/graphics/lawsregs/admindec3/d6/index.htm

Thanks...though it might be easier for him to run over our southern border, the proposed amnesty timeline seems about the same...nothing to lose.

[Linababe 0]

As long as you have met once within the past 2 years before applying then youre ok with the K1 - even if he can come over for just a week that would be fine I have read here about a few couples who only met once and started their K1 and approved. As long as the proof is there that you have an ongoing relationship and you have sufficient funds to sponsor him then I dont think it is a big deal. I knew my fiance 4 years now - we talked about the marriage etc, but we missed the 2 year time criteria since my last visit to him so we arranged to meet again this last christmas and then filed the paperwork - He did put on the form and cover letter that we have known each other last 4 years and the previous times we met even though they were long before the 3 years prior to this last visit. Good luck

Lina (UKC)

Why would it take a year and half more for him to visit?

[desert_fox 32]

I would also suggest that you go to the USCIS.gov webpage, on the left side you will LAWS and REGULATIONS. click on that and again on ADMINISTRATIVE DECISIONS.

You can read a history of ppl who have appealed for various reasons including medical. Read them, and give yourself a better feel for what might happen. But this appears to one of this cases that you would have to take thru the appeal process at the Center itself with no guanantee that you would be successful. This is expensive and time consuming. I only remember one case where some guy was approved because he couled not travel due that he needed to be hooked up to a dyalasis machine or something.

Good luck\

[sunsi 0]

First, I'd like to thank the wonderful friendly members of this board who have generously taken the time to respond to my thread with helpful advise. You all must be incredible individuals having gone through this visa process which from my own experience isn't an easy thing to do.

I've taken some time to think and to talk to my fiance and we've decided that he will come here to visit. Up until about a week ago it wouldn't have been possible for him to come because he was still waiting on Poland to issue a passport but last Thursday the Polish Consolate in London mailed him comfirmation that it had arrived and he went to pick it up.

The strain of all that is taking place in my life right at the moment has been partially relieved because now I can give my attention where it needs to be right and that is with my daughter knowing that my fiance can carry some of the weight.

I have to credit all the people that took the time to help with careful advise here at these boards because our revised plans are a reflection of this help. It's funny but sometimes the things that seem so plain to others can be missed when you're in an emotional fog from situations that mean so much to you.

As a side note I'd like to ask more thing if you would be so kind. If you would call your State Senators and remind them of a bill that's coming up for Homeland Security where they are to decide whether or not to waiver the visa process for Poland now that Poland is part of the EU. Remind them that Poland is a friend to the USA and supports our fight on terroism and has even sent their own troops to fight along side our troops in Iraq risking their lives as well. Tell them that you are aware that only one Democrat Senator prevented the passage of this bill back in 2004 and that it's time to treat our friends in a desent manner. Thank you.

[meauxna 15]

As a side note I'd like to ask more thing if you would be so kind. If you would call your State Senators and remind them of a bill that's coming up for Homeland Security where they are to decide whether or not to waiver the visa process for Poland now that Poland is part of the EU. Remind them that Poland is a friend to the USA and supports our fight on terroism and has even sent their own troops to fight along side our troops in Iraq risking their lives as well. Tell them that you are aware that only one Democrat Senator prevented the passage of this bill back in 2004 and that it's time to treat our friends in a desent manner. Thank you.

It's not so much a question of 'who is our friend' but how have Poles themselves done on obeying the terms of non-immigrant visas.