We have not seen eachother in more than 2 years!!

[LovingColombia 0]

I met my current fiancee when I was 13 years old, when I lived in the USA more than 15 years ago. We became close in 2006 when I had the chance to go to the USA for a short time. Well he was going through a divorce then, so we did not take our relationship to higher level. I currently do not have a tourist visa to go see him and he has bein paying a retroactive child suppot for a child he did not even know he had, and a passport was denied to him. He was in jain last year and was found innocent.

Question if we applay for a K1 can all those things be uses as a Hardship. Or am I completely off..

PLEASE PLEASE PLEASE HELP!!!

[Cacerez 19]

I met my current fiancee when I was 13 years old, when I lived in the USA more than 15 years ago. We became close in 2006 when I had the chance to go to the USA for a short time. Well he was going through a divorce then, so we did not take our relationship to higher level. I currently do not have a tourist visa to go see him and he has bein paying a retroactive child suppot for a child he did not even know he had, and a passport was denied to him. He was in jain last year and was found innocent.

Question if we applay for a K1 can all those things be uses as a Hardship. Or am I completely off..

PLEASE PLEASE PLEASE HELP!!!

Pretty sure none of that will count as a hardship. The only time the "seen each other within 2 years" requirement is waived is based on strict religious laws/rules and/or health problems that prevent either party from travelling.

[Ladylethal 12]

I don't see enough proof or hardship in your case to pass the 2 year requirement of meeting. Other VJers might have more input in this situation.

[Bobby+Umit 161]

Concur -

Lack of him providing child support is not a hardship. Plus, you would have to prove you have been denied a visitors visa, have you even tried to apply?

Only thing to do is either he has to get below the threshold of back child support for the passport (in excess of $2,500 makes him ineligible as the law stands now), or you get a visitors visa (or lack of).

Then - if you can prove you tried, and was denied, and he can't get a passport, maybe, just maybe, they will hardship you. But I would think it would be unlikely.

[Minya's wife 24]

I don't see enough proof or hardship in your case to pass the 2 year requirement of meeting. Other VJers might have more input in this situation.

You're right. The I-129F pre-requisite, of meeting w/in two years of filing is pretty absolute, and as the instructions state the requirement is waived only if

A. The requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice; or

B. It is established that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.

A does not apply to you, and B...the 'extreme hardship' to your fiancee is not really an extreme hardship. He owed child support, that he did not pay (remember the government cares not about excuses as to why) and as a result was not able to get a passport. All this could have been avoided..so it is not an 'extreme hardship' as the govt would define it. Sorry...work on getting the child support paid off, getting a passport for your husband and meeting in person. Then you can file without problems.

Good luck,

-P

[Minya's wife 24]

Concur -

Lack of him providing child support is not a hardship. Plus, you would have to prove you have been denied a visitors visa, have you even tried to apply?

Only thing to do is either he has to get below the threshold of back child support for the passport (in excess of $2,500 makes him ineligible as the law stands now), or you get a visitors visa (or lack of).

Then - if you can prove you tried, and was denied, and he can't get a passport, maybe, just maybe, they will hardship you. But I would think it would be unlikely.

why would the denial of a tourist visa for her do anything more than the back child support to prove hardship? it is not the concern of the government that she was denied the tourist visa...nor does it go towards helping the extreme hardship of the petitioner.

fact is that this requirement has not even been waived in the case of disabled people who could not easily get on a plane to go visit their fiancee...it was not waived for another case here recently (the member name escapes me) who also owed back child support...all had to deal with their issue and fly to meet before filing. the chances of this requirement being waived are slim-to none.

[LovingColombia 0]

Thank you sooo much for your responses I have to admit ..It makes me very sad..We are in love...

How about being Jail for a whole year ??

[LovingColombia 0]

I would like to add that if it wasn't for him going to jail for a year we would have applied on 2008....

[Minya's wife 24]

Thank you sooo much for your responses I have to admit ..It makes me very sad..We are in love...

How about being Jail for a whole year ??

what was he in jail for?

[LovingColombia 0]

For being at the wrong place at the wrong time ..His innocence was proven..it was not Violence or anything like that. He was wrongfully accused.

[Bobby+Umit 161]

Concur -

Lack of him providing child support is not a hardship. Plus, you would have to prove you have been denied a visitors visa, have you even tried to apply?

Only thing to do is either he has to get below the threshold of back child support for the passport (in excess of $2,500 makes him ineligible as the law stands now), or you get a visitors visa (or lack of).

Then - if you can prove you tried, and was denied, and he can't get a passport, maybe, just maybe, they will hardship you. But I would think it would be unlikely.

why would the denial of a tourist visa for her do anything more than the back child support to prove hardship? it is not the concern of the government that she was denied the tourist visa...nor does it go towards helping the extreme hardship of the petitioner.

fact is that this requirement has not even been waived in the case of disabled people who could not easily get on a plane to go visit their fiancee...it was not waived for another case here recently (the member name escapes me) who also owed back child support...all had to deal with their issue and fly to meet before filing. the chances of this requirement being waived are slim-to none.

In order to say they have a hardship from visiting, she would actually have to try to get the visa (and be denied). (I get this from reading all the denials on the USCIS site).

If he can't get the passport, and she can't get the visa, they would have some grounds on the hardship, (again, not likely from what I have seen - and yes - I remember the cas you mention, I was in on that one too).

I would think they USCIS would say "He should pay the child support and get the passport - then worry about visiting" - but you never know.

[motu 5]

This man went to jail and owes child support and can't get a passport to fly out of USA! Its not a good choice you are making - my advice - take the blinders off and evaluate him - not your love for him, but him as a person. As any parent will tell you - not a good choice - look for a better person or wait till he reforms (pays off his child support, rehabilitates for whatever offense landed him in jail etc. etc.).

In my opinion, life is not worth it with this person. Look for another, there are another 6 billion people in this world. Not all Americans are good - we have our share of nasty people too. You have already been forewarned by his past - be careful. Good Luck

[LovingColombia 0]

Actually I did and it did get it denied. That was after he got his passport denied on 09-2006.( we last saw each other 08-2006) His divorce was not final then. So we could not apply for a Fiancée visa. So I went for the tourist visa, on 2007 and got it denied because of $$ (lacking it that is) My thought at the moment was hoping to being able to see each other in person until his divorce became final. His wife finally gave him the divorce by 09-2007; it would have been only one year since we last saw each other. We planned on a Fiancée visa but something happened at his place of work so him and others were sent to jail (some are still in jail) for a whole year they kept on pushing his dates. He got out on 01-2009. We did not have the $$ until now for obvious reasons. So now we are almost close to 3 years.

We have friends and family that can testify that we have been together all this time. I have hundreds of letter he sent me while he was in jail and txt messages and emails and phone bills and money sent to me. BUT we have no pictures together. I mean like none!!!

I am just giving you guys some insight, my hopes are a bit down. I have thought about a tourist visa. But I wanted to do things right.

Thanks soooo much for taking the time to answer..

[Chica Yeyé 41]

You have not met in person in the past two years. And your case does not meet the conditions for waiving such requirement.

[Bobby+Umit 161]

Actually I did and it did get it denied. That was after he got his passport denied on 09-2006.( we last saw each other 08-2006) His divorce was not final then. So we could not apply for a Fiancée visa. So I went for the tourist visa, on 2007 and got it denied because of $$ (lacking it that is) My thought at the moment was hoping to being able to see each other in person until his divorce became final. His wife finally gave him the divorce by 09-2007; it would have been only one year since we last saw each other. We planned on a Fiancée visa but something happened at his place of work so him and others were sent to jail (some are still in jail) for a whole year they kept on pushing his dates. He got out on 01-2009. We did not have the $$ until now for obvious reasons. So now we are almost close to 3 years.

We have friends and family that can testify that we have been together all this time. I have hundreds of letter he sent me while he was in jail and txt messages and emails and phone bills and money sent to me. BUT we have no pictures together. I mean like none!!!

I am just giving you guys some insight, my hopes are a bit down. I have thought about a tourist visa. But I wanted to do things right.

Thanks soooo much for taking the time to answer..

So - your last chance is that he get caught up on his child support (below $2,500.00) - get a passport, and come visit you to meet the requirements.

Without meeting, you cannot get the K-1. You could apply for a waiver, doubtful it will get approved, as noted above. Lack of payment of child support does not equal "hardship".