I often receive phone calls from US citizens, unable to travel outside the US in order to fulfill the in-person meeting requirement for Fiance or Spouse Visa processing.
Meeting in person is generally required for either a fiance or spouse visa unless there is good cause to waive the requirement. Skyping or other forms of communication are not adequate. The idea is to avoid such things as mail order brides, a relic from the distant past. Given current technologies, people all over the world are able to have serious relationships without meeting. Even so, it is still generally necessary to meet in person before proceeding with US immigrant processing.
Proxy Marriage
In the case of a spouse visa, a proxy marriage is a possibility. A proxy marriage is conducted without the parties being together in person, typically by phone. Proxy marriages are legal in the U.S. Even so, a proxy marriage is not valid for U.S. immigration purposes until the marriage is consummated. Consummation requires that the couple be together in person before filing the spouse visa petition with immigration services.
Some US citizens have serious medical problems and it would be quite dangerous to travel anywhere outside the U.S. In other cases, a U.S. citizen owes child support and had his passport confiscated. In still other cases, the US citizen is on criminal parole or probation and is prohibited from traveling outside the US. Finally, some claim their religious beliefs prevent them from meeting in person prior to immigration to the U.S.
Visiting the US
A major concern of an immigration agency is that the couple does not want to meet in person because international travel is expensive. They would rather simply have the foreigner come to the U.S. to meet and then remain in the U.S. to marry. The fact is that most foreigners from poor countries cannot travel to the U.S. easily. For more information about why this is so, go to this web page: B Visa for Visitors. In the end, the U.S. citizen is put on the spot to travel and meet somewhere outside the U.S. This is why they call me asking for a waiver.
Waiver
The immigration agency USCIS is acutely aware that U.S. citizens want to avoid international travel due to the expense and so immigration agencies set a high standard of proof required to obtain a waiver of the in person meeting requirement. Financial problems is not a good excuse for not meeting if you want to immigrate a foreigner. Many waiver applications are denied because people pretend they cannot meet. Even the good ones often must go on appeal after the USCIS denies the waiver. The appeals process can take a year to adjudicate (process). The USCIS intentionally makes the waiver process difficult, so much so that if there were a way to meet in person, you surely would have done so.
Of the various waiver possibilities, the only one that is viable in my experience is a waiver due to a serious and permanent medical condition that prevents all travel. This can include fear of flying, for example. If you have a documented medical reason you cannot safely travel outside the U.S., please contact me to discuss further. For everyone else, you have to meet in person or the fiance or spouse visa will very likely not be granted.
Unusual Routines
In cases where the US citizen has travel restrictions placed upon him due to a criminal conviction or child support arrears, I suggest the couple try to meet at the US / Mexican border. Here is an example of a couple who married right at the PASO DEL NORTE BRIDGE between Texas and Mexico: Border Wedding Ceremony Highlights Immigration Battle.
This shows how creative couples can be in order to find a way to be together as husband and wife. In the article, the foreign wife is barred from the U.S. because she falsely claimed to be a U.S. citizen. The situation is different than most cases because in her case, she can never travel to the U.S. since the foreigner violated immigration rules. In this discussion, it is the U.S. citizen who is having difficulty traveling abroad to meet. Even so, the same opportunity to meet and possibly marry right at the border exists where the US citizen is prevented from leaving the U.S. due to a problem he created and not one that is medical in nature.
Please contact me if you believe you cannot travel outside the US for good cause. For all others, you need to find a way like Valtierra and Edgar did when they married on the PASO DEL NORTE BRIDGE.
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Dear Allan Lolly,
I am an optometrist working at 2 separate retail locations. I have a contract requiring to be present at both locations during my business hours. In theory, I can state that I want to go on vacation and then find someone to cover the days I go on vacation. In reality, its more or less impossible to find coverage as other doctors that I have known were unable to find such coverage. I am genuinely concerned that going on any extended vacation could result in my contract not being renewed and thus result in serious hardship for me. In the 4 years I have worked there I have yet to go on an extended vacation for this very same reason. I am interested in meeting someone for a relationship. In fact, the Chinese lady that I am speaking to has been to the USA before at a university for her post-doctorate. Even though she has an excellent career in China, she is unable to come to the USA as a tourist. Do you think this situation could be grounds for a fiance visa waiver?
Thank you,
Joe
Joe, Unfortunately, it is likely not grounds for a waiver because financial reasons have a low value. Many people can claim hardship for financial concerns. Also, there is no need to take an extended vacation in order to satisfy the in-person meeting requirement. I do not know where you reside, but could she come closer to the U.S., such as Mexico, Jamaica, or Canada for vacation? You could get away for a short time and meet her in a place closer to the U.S. If you want to discuss your particular circumstances more, can you please contact me directly? There should be contact information on this blog. Thanks, Allan
Hi Allan,
I’ve been reading your blogs about meeting in person so my fiance and I can meet the Meeting requirement so he could file the petition. Actually i just applied for a Tourist Visa in Mexico but I was denied. Although I presented all the documents, credit cards statements, bank certificates etc but I was denied for Mexico visa.Thenconsul did not exactly said to me the reason why except thatbshe insisted that my fiance should be the one to come here in the Philippines. My fiance whom lives in the US cant travel here in the Philipppines because of the long travel time so we decided to just meet in Mexico particularoy in Puerto Vallarta.Is there anyway, we could ask to waive the Visa denial in Mexico.?thanks, Gemma
I’ve been reading your blogs about meeting in person so my fiance and I can meet the Meeting requirement so he could file the petition. Actually i just applied for a Tourist Visa in Mexico but I was denied. Although I presented all the documents, credit cards statements, bank certificates etc but I was denied for Mexico visa.The mexican consul did not exactly said to me the reason why except that she insisted that my fiance should be the one to come here in the Philippines. My fiance who lives in the US cant travel here in the Philipppines because of the long travel time and he got a business to manage too so we decided to just meet in Mexico particularly in Puerto Vallarta. Is there anyway we could request to waive the visa denial.Thank you. GEMMA
Gemma, Yes, it sounds to me like you may not have presented all the correct documentation to obtain a visitor visa to Mexico. Your fiance should provide you with a letter of invitation that includes plane ticket and hotel reservations to show that he will spend money on you when you are visiting Mexico. You need to make a strong connection with the U.S. citizen fiance who is inviting you to Mexico. If you cannot obtain a visa to Mexico, then please check other nearby countries such as Belize or the Dominican Republic. Somehow you need to meet in person. Kind regards, Allan
Gemma, I wonder if when you applied you included your U.S. citizen fiance’s materials in with your application. He should book hotel reservations and plane tickets for you (refundable). He should also write an affidavit about dating you in Mexico and perhaps show a bank statement to show he has money to spend.
There are places to meet other than Mexico, such as the Dominican Republic or Jamaica. If you want to visit Mexico, you may also be able to go through the Ministry of Foreign Affairs in Mexico City using an abogado, a Mexican attorney. Kind regards, Allan
question I cant leave the U.S because of child support.Well want to marry this woman in the Philappines. Both in are 30s. How can i get her here without us meeting? A proxy marriage? There has to be a way around this.
Scott, You will very likely not qualify for a waiver for failing to make child support payments. Waivers are discretionary. A proxy marriage requires that you consummate the marriage after the proxy, which means you must spend time together in person before proceeding with spouse visa processing.
I included in this blog post a way to meet at the Mexican border:
https://www.texastribune.org/2013/08/27/wedding-ceremony-seeks-highlight-immigration-battl/
If you do not obtain your passport, the only other possibility would be for her to come to the U.S. on some visa that is not connected with your sponsorship:
https://asl-lawfirm.com/blog/what-are-the-different-ways-to-come-to-the-us/
I hope this helps. Kind regards, Allan
Scott, my fiancée and I have been communicating via Skype, email and telephone calls for the past 5 years. We were set to marry in her hometown of Sincelejo, Colombia on two separate occasions. The first was in August of 2012, but 2 weeks before I was to leave the company I worked for let 7 of us go without reason so it was not financially feasible to travel. The second time was for this past Christmas holiday but my ex-wife was admitted to a drug treatment facility and since I’m the only other family my 2 boys have here in New York, I had to stay and care for them (She was there from the end of November to the first week of January). After her many discussions with her family in Colombia, she asked if it would be possible for us to obtain a K-1 visa so we could marry here. Is there any possibility of obtaining a waiver for this situation whatsoever because our intents are pure and we’re both faithful Catholics (me a Eucharistic Minister) that can’t do many of the things the the “Face-to-Face” requires. Alfredina and I truly love one another and desire to live our lives together. We Skype almost everyday of the week with most of her family in attendance (saves on the phone bill). I’ve never missed a birthday or other special occasion, and I’ve sent money to her for our failed wedding attempts and to assist her (she does work). We consider ourselves married in our hearts and our faithful to the core, all we need is the paper to make it legal in the eyes of government,
Timothy, The religious exception will very likely not work. Many couples from nearly every religion of the world have spent time in person prior to marriage, especially Christians, so why not you? Even if you obtain a waiver, a consulate officer can still deny because, “there simply is not enough evidence of a sincere relationship” (because you’ve not met). I can help pursue a waiver based on religious grounds if you like, but I think it would be much better to try and meet first, and then process. If you are short on time, perhaps she can meet you in Mexico. Find somewhere you can get to and meet her briefly. I hope this helps. You are welcome to contact me to discuss further. Kind regards, Allan
Hello I have a lady I have been Skyping, tel. calls, writing, Cards etc. We would lie to get her Annulment over there in Philippines, as her Husband abandoned her 8 yrs. ago & is very poor. I am a Disabled US Citizen born here all my life. They say it will take a year & a half to complete an Annulment & very expensive. Also WE need to meet & B together in person, But I have been disabled with Back issues for yrs on SSD. I would not Be able to go that long 22-44 hour trip & would suffer much pain. would it B easy to show my Drs. records & Letters to HAVE IT go through with out any delay in Visa & coming to USA? BECAUSE TO START THE ANNULMENT OVER THERE, & SHE CAN NOT COME HERE UNLESS SHE IS FREE TO MARRY THEN WOULD LOOSE ALL THAT MONEY & NOT b ABLE TO GET TO SEE & MARRY ONE ANOTHER. THANK U KINDLY .
If her husband is in the Philippines, then she either needs to obtain an annulment there or she needs to travel to another country to obtain a divorce more quickly.
There is nothing in your presentation to suggest you are unable to travel outside the U.S. to meet in person. You may not be able to meet in the Philippines, but can you travel to Mexico to meet her there? You might meet her in the Dominican Republic and have her obtain a divorce there while you are visiting with one another. You would need to contact a Dominican Republic divorce attorney and inquire whether a divorce is valid for U.S. immigration purposes. There is U.S. Federal case law on this issue so a Dominican Republic divorce attorney needs to know she is obtaining the divorce for the purposes of immigrating to the U.S. I hope this helps. Kind regards, Allan
Hello Allen, My situation: I have been legally disabled since 1991. I suffer from agoraphobia, social anxiety disorder and panic attacks. I am completely unable to fly. I have tried; While waiting to take off, I had such a bad attack, I literally had to have the plane in mid-taxi turn around and let me off. These conditions are ongoing and severe, and I have been prescribed medications for them for many years, and I have even had a few visits to the emergency room, because I thought my panic attack was a heart attack… Almost one year ago, I met a wonderful woman on the internet named Laagii, who lives in Ulaanbaatar, Mongolia. We have been speaking with webcams daily since we met, often twice daily. We have come to truly love each other, and wish to be married and live in my home state of California together. For the past eight months, we had been planning for her to visit me on a B-2 visa, and celebrate both our birthdays together. After meticulous preparations, her B-2 visa was denied under section 214(b). The extensive documentation she brought to her interview wasn’t even reviewed by consul. Originally we had planned to visit for two months, she would return to Mongolia, then we would marry within two years thereafter. Now, we are considering bypassing the B-2 visit, and applying for a K-1 visa. Question: What are my chances for a ‘prior meeting’ waiver based on my long-standing and well-documented medical condition? If you believe I have a good case, I would gladly consider your legal services.
Thank you.
Andrew, It’s better not to apply for a B visitor visa than to apply and be denied. She is creating a negative immigration history, and this can impact on her ability to obtain visas going forward. Based on what you wrote, you have a promising case for a waiver of the in-person meeting requirement. Would you like to have a phone conversation? If you are interested in possibly working with me I am glad to discuss by phone. Can you please contact me so we can discuss? Kind regards, Allan
I just met a lady over the internet, we met not quite long but despite her condition i am not bothered but base of the feelings i have for her , i have made up my mind to make her my wife and we are planning on getting to meet in person. She has Lupus and we have agreed she pays me a visit in my country which we are working on.. she will be coming by next year . i wanted us stay here in Nigeria even if we will be leaving for the state but she wants us move as soon as we are legally married. I work as a project manager in a construction company here in Nigeria , please what are the chances of getting visa to live in the USA.
Temitope, Thanks for your inquiry. There is not enough information to decide your chances of success. Can you please call me or have your U.S. citizen fiancee call me to discuss in more detail? I want to get a good feel for the case in various aspects and then can help make good choices. I hope to hear from you. Kind regards, Allan
Hi I’m Brad I’m disable in a wheelchair for 20 years and I also have Crohn’s disease which the flare ups make it almost impossible to leave the house but alone plan a trip I I’m 50 years old but I am unable to travel to meet her do you think with my documented health problems that I have a case of getting a exemption she is from the Philippines I send a invitation letter for a visa but she was denied he told her she needed to get a fiance visa so that is what we are going to try to do with my health problems I am unable to work and in no way can I fly to meet her but we have been skyping for nearly a year now and she is very education
Brad, There is no need to meet in the Philippines or even to fly. There is a requirement that you must meet in person in most cases. Since she cannot visit the U.S., you need to meet her somewhere outside the U.S. if that is possible. If you can meet, it’s worth the hassle of avoiding a waiver of the in-person meeting requirement. If you simply cannot meet, then a waiver is possible. Can you please call me to discuss a strategy? Kind regards, Allan
Hi Allan,
I have a dual US / Uzbekistan citizenship, after ugly divorce in 2012 I left the states. I recently got married in Uzbekistan. My question is, can my wife get a visa to US if I am behind on my over $20K child support payments and I’m also banned from traveling. I’ve been making weekly child support payments. Please note that I have valid US passport and live in Uzbekistan with my new wife.
Thank you in advance.
Hello sir allan,,
Im from phil.my bf.from columbia,,he have a plan to get me in columbia and want to marry me there,,do i provide any requirements or show money to the immigration,,what requirements i need to provide..my bf.what he need to do to apply me fiance visa,,we havent met yet in person,,only in skype n chatting with fb.
Thanks
Issak, Yes, you can still meet minimum income requirements to immigrate a foreign fiancee or spouse even if you owe child support and even if you are banned from traveling outside the U.S. Income requirements are a separate matter. I hope this helps. Please contact me off-post if you would like to discuss further. Kind regards, Allan
Encar, Thank you for your inquiry. I handle immigration to the U.S. only. Since you are immigrating to Colombia, you need to speak with a Colombian immigration attorney o.k.? Please go online or have your Colombian bf contact a Colombian attorney. Kind regards, Allan
Am I correct in reading that being on parole and forbidden to leave the state of Nevada and also being denied a passport for past due child support would NOT be grounds for waiver of the in person meeting?
Then is it possible for my Dominican wife to come on a visitor visa if I give her enough money to qualify? If she comes as tourist and we marry here will that cause a problem?
Bob, Hmmm… O.K. There are several threads here to separate out. Technically, if your fiancee is unable to visit you in Nevada, you qualify for a waiver of the in-person meeting requirement. However, the waiver involves discretion and I believe that if the reason you are unable to meet is because of back child support, then one way or the other your petition for a fiancee visa will be denied. I have enough experience with these waiver to know that if you receive one in this situation, you are really lucky. It’s not a good immigration plan.
Most people from the Dominican Republic cannot qualify for a visitor visa. Here is information concerning B visitor visa processing:
https://asl-lawfirm.com/b-visa-for-visitors/
If there is no advantage to the U.S. government in allowing her to visit the U.S., then the B visitor visa will likely not be issued. Putting money in her account may help, but it also might look as if she has a relative or boyfriend in the U.S. who is pumping her up.
Finally, if she is able to visit the U.S. and you marry, she should normally depart the U.S. at the end of her visit. She cannot apply for a visitor visa with the idea that she would marry you and then remain in the U.S. when her stay as a visitor comes to an end. That would be a fraud and can get her into serious trouble. A phone discussion is required to sort out a plan in this situation.
You must have seen on this blog the possibility of meeting in Mexico. I bet that is your answer. Kind regards, Allan
Hello,
I am on probation for 5 years and cannot leave the country. My fiance was denied K1 visa because we did not meet the 2 year timeframe for in person meeting. Last we seen each other was 4 years ago. Is there a waiver for probation cases? What are my chances of waiving the in person visitation requirements? Our next step is for him to apply for visitor visa to come to the US so we can fulfill that requirement. I read somewhere about a them denying me to visit (due to probation) and denying him to visit me as violation of constitutional right to marry. Can you please advise.
Thank you
Mary, It’s very likely not a constitutional violation of your rights to marry. Perhaps it might be, but there is a great deal of time and expense in terms of legal fees to find out. Did you file the waiver with the assistance of a licensed immigration attorney? It’s not good to be denied anything and then refile. It is unlikely someone who is on probation will obtain a waiver of the in-person meeting requirement. You need to consider other options, so a phone call is required and we can discuss. If you have an interest in working together with me, can you please call me? There should be contact information on this page. I hope to hear from you. Kind regards, Allan
hi
I am from philippines..had an american bf..we been bf and gf since 2013,we are planning to meet this May or June since that is his plan of meeting me in person…my question is…is it ok to file the I 129F fiancee visa with out meeting yet or do we really need to meet first before applying for fiacee visa?
Thank u
Belle, Your fiance must meet all requirements before a fiancee visa petition is filed. One requirement is that you must have met in person first. Do you have an interest in working with me on case processing? If so, can you or your fiance please call me to discuss further? My contact information is on this page. I hope to hear from you. Kind regards, Allan
To whom it may concern!
Good day!
i’m from south africa and been with my us partner for 11 years now and have son together and he raised my daughter from the age of 5 years now shes 16 and we want to come to emarica with him or follow him after few months…Please help.
Lynn, Greetings. Can you please contact me off-post? A fiance visa is currently taking between appx. 4 and 8 months, depending on where in the U.S. you are from. Based on what you wrote, I may be able to obtain a marriage visa for him in about under 4 months and there are some advantages to the marriage visa besides speed. I hope to hear from you. Kindly, Allan
supposed to be me and my fiance will going to meet this July 2015.We already booked our air ticket and hotel last April m 2015 but last Friday june 13,2015my fiance having a serious health problem He needs more test and biopsy for his kidney. He can’t travel as doctors advice because he will go for medications/ treatment is their any possibility we can apply k1 visa without meeting? can I possibly apply B2 and presented our documents that we will ready to meet?
thanks.
There is a possibility the in-person meeting requirement can be waived if he is unable to travel anywhere outside the U.S. for medical reasons, if his medical condition is long term or permanent. If it’s that he simply cannot travel now due to surgery, then he should travel when the medical treatment is complete.
Please consider this information before applying for a B visitor visa:
https://asl-lawfirm.com/b-visa-for-visitors/
Kindly, Allan
Dear Allan,
I am married by proxy to a US citizen who is incarcerated. He is serving remaining 1 year more before he receives probation. And while on probation he cannot travel internationally so I have to come to him for the marriage to be consummated and only then can we file for a spouse visa. My question is, what is the visa applicable for me to come to him? I just need to go to him while he is on probation to consummate the marriage so we can file the spouse visa. I am not in my home country. I am working in another country but I intend to go back and I have no plans of over staying in the US. If I take B2 visa what are the chances it gets approved and do I need to declare to the immigration that I will visit the US just to consummate the marriage? Also, will my being an expatriate in another country have an impact on being approved or denied?
To visit the U.S. you would need either a B visitor visa or come under the Visa Waiver Program.
https://asl-lawfirm.com/b-visa-for-visitors/
https://asl-lawfirm.com/visa-waiver-program/
The fact that you reside in a country other than that of your nationality is a negative factor for the B visitor visa application. Otherwise, there is not enough information to determine your chances of success in trying to visit the US, or on the spouse visa.
Please contact me directly if you have an interest in possibly working with me on case processing. Kindly, Allan
Hi Allan,
Greetings! Me and my american bf met online few months ago and as days go by, we feel we don’t have to waste time chatting/talking over Skype/emailing when we can see each other and get married ASAP. We are decided on bringing our relationship to the next level which is getting married, however at this point, he couldn’t leave his work yet (he’s working for the government) and the best time he could see me is between Nov (this year)-Jan. He has his plane ticket ready to see me. The thing is, we don’t want to wait another 4-6 months after the meeting for filing the K1 Visa. Is there any chance it will be approved if he filed the petition months prior to our meeting? We both are looking up online gathering information of the easiest way to file the K1 Visa.
Please help!
Thank you in advance!
Sarah
Sarah, I am available to assist with case processing if interested. Rates are reasonable and there is value in my assistance. To answer your question, there is no need to meet in your country. Figure out a mutual place where you can meet over a weekend or other time when he is off work. You must have met in person before he can make initial submissions to immigration services. Kindly, Allan
Dear Allan:
I meet a sweet lady from the Phillipines via online and we have communicated for almost 3 years daily via online and snail mail and I really want to go and meet her in her country, however, I have two problems, first I am terrified of flying and I panic horrible, the thought of being in a airplane gives me terror, second I been battling with Cancer for the last 4 years and I had two tumors removed with surgery. I am in constant medical surveillance, taking medicines, and medical treatments, I want to marry her and bring her to USA with a fiancé visa. Is it possible to obtain a waiver of the in person meeting. I would greatly appreciate your input very much.
Ismael, Thank you for your inquiry. I’ve helped many people with waivers due to well-documented fear of flying and medical issues. Your case looks promising. Can you please call to discuss in a bit more detail? I can help sort out an immigration plan. My contact information is on this page. Kindly, Allan
Dear Mr. Lolly
I don’t know if you are still taking questions at this time, but I would sincerely appreciate your opinion on my situation, if at all possible.
I am engaged to a Pakistani man, and I live in Wisconsin. The requirement of meeting in person is very problematic for me. I have documented medical problems, such as anxiety disorder, Post Traumatic Stress Disorder, and fibromyalgia (among others). Although several years ago I was denied Social Security Disability, I do have the medical records attesting to the fact that I do suffer from these disorders (the anxiety and the PTSD being my big concern for taking a 20+ hour flight). The other issue is that my 4 year old daughter also has documented PTSD, and I would have no way to not take her with me, should I fly to Pakistan. I cannot fathom taking this very long flight on my own, much less with a traumatized, terrified child. I truly think it is impossible for me to meet my fiance prior to marriage, and this waiver might be my only hope. For him to get a visit visa here is very difficult, and for him to fly anywhere near the U.S. (Dominica, St. Kitts etc…) in any countries he is able to travel to visa-free, costs about $6,000. Do you think I stand a chance of getting the waiver approved? If I were to file the waiver and be denied, does that negatively impact my K-1 petition at all?
Thank you so very much for helping people the way you do.
With sincerest appreciation, Lonnie
Lonnie, The only time you should apply for a waiver is if you are reasonably certain you will obtain it. Once denied, the chance of success when refiling is less. You should not apply for a waiver with the idea that you will have a back up plan if you fail. You have to be careful to try and get things right the first time.
An immigration agency will not pay much attention to what it costs to have him travel to the Caribbean to meet you there. It can make some difference, but it’s not a winning argument in most cases.
The U.S. consulate in Islamabad is a difficult consulate. If you do not meet in person, there is a good chance that the consulate will deny on general grounds that they feel the relationship is not strong enough, even if you obtain a waiver, so you may have some problems, but you may get lucky, who knows. I do not have many particulars about your case, but based on what you wrote I think you will have difficulty. Kindly, Allan
Hello Allan, thanks for your good counsel here, we appreciate it so much.
I want to find out how one can calculate the 2 years meeting time required for the procurement of k1 visa having met my fiancee twice last year may and this year June,thanks. Nike
Nike, You qualify. You’ve met in person within the past two years so you can begin petitioning her for a K1 fiancee visa, assuming the other qualifications are met and the chances of success are good. Kindly, Allan
Hello Allan! I hope you are still answering questions here. My fiance’ is Turkish and he and I have been communicating/skyping/emailing/calling, etc. for around two years. I have suffered from anxiety, which includes a tremendous fear of flying, as well as driving on interstates, elevators, heights, closed spaces, and much more, that I cannot seem to overcome. I have taken anti-anxiety meds daily for 8+ years for this, and trying to get off these meds seems impossible, as my anxieties include much more than just the fear of flying.
We would like to get married, and had talked of me going to him and marrying in Turkey, then when I return to the US, I would apply for his spouse visa. My concerns are this:
1. My anxiety and fear of flying to endure a 14+ hour flight.
2. Turkey, as a country now, is very close to war. I fear that going over there even next year may not be safe, assuming I *could* meet a nice anesthesiologist to fly with me and knock me out pre-flight, due to the current state of the country.
My reason for asking if you think I stand a chance for the in-person meeting waiver is mainly due to my anxiety, but because of #2 above, that anxiety is now exacerbated. I have asked my doctor about other anti-anxiety meds that might get me through, should I be able to find someone to fly with me, and I am currently on the strongest one… which I take every day.
Thank you for any guidance you might have on this. I can definitely provide documented medical history, as well as skype/messaging/phone records if necessary.
Greetings Stephanie. There is no requirement that you go to Turkey. There is a requirement that you meet in person somewhere outside the U.S. in your case. If that is not possible, then a waiver is possible. You could try to meet somewhere in the Americas or Carribean, for example.
Even if you obtain a waiver based on medical hardship, he can still be denied, depending on the situation. You have to look at each character trait in addition to your communications to see if the case makes sense. A concern is that the relationship may not last.
If you have an interest in working with me on this matter, can you please contact me to discuss further? Let me see what I can do. Kindly, Allan
Hi, I am seeking a fiancé visa for my girlfriend in Cameroon. But I am seeking a waiver for the two-year meeting requirement citing the instability (by a terrorist group called book haram) in the region as a reason for going there. what is your opinion regarding this reason. Thank you.
Hello Sir,
I met and fell in love with a Pakistani man online. We want to marry and live our lives together. We have not met. He works for the Pakistan Military and has a Master’s degree in engineering. I am a single mom of a disabled child and I do not work. I receive disability for the child and child support as well, but the income does not qualify me to sponsor him as it is well under $10K/yr. He owns property in his country but he does not have much money. I am a natural born citizen of the USA and a military veteran. He is a born citizen of his country Pakistan. What can we do?
Thanks for your time.
Roland, There is no requirement that you must travel to Cameroon to meet in person. There is a requirement that you must meet in person before filing a fiancee visa petition, unless you are unable to meet. Since she is from Cameroon, it is very unlikely she can visit the U.S. You need to find a place outside the U.S. to meet. I have other clients immigrating fiancees and spouses from Cameroon and they were able to meet. Please contact me if you want to discuss further. Kindly, Allan
Zainab, Are you from Pakistan? Based on what you wrote, your chances of success in obtaining a fiance visa are not good, unfortunately. You have not stated what would prevent you from meeting if you have not met. The U.S. consulate in Islamabad has a high rate of visa refusal. You do not earn enough income to sponsor him. Having a joint sponsor is certainly doable, it’s just that it’s better to meet income guidelines than not meet them on your own. He will likely be tied up in background security checks due to his career in the military. Altogether, every concern you raise is a real concern. The best solution would be to live with him for several months before trying to bring him to the U.S. If you can arrange it, please call me before you go so we can discuss a good immigration strategy for him. Kindly, Allan
Hello sir,
I’m married with the u,s citizen by proxy when we are in italy our marriage has been consummated,can we apply spouse visa using proxy since proxy marriage doesnt recognized here in philippines thanks,
Jen, Generally, yes you can proceed with marriage visa processing. I will encourage proxy marriages only in rare situations. It’s not a very good way to go about immigrating you to the U.S., but it is possible to do it. I want to make sure the proxy is valid in the U.S. and understand the reason for having it. You are welcome to please contact me to discuss further. Kindly, Allan
Hi! My boyfriend and I met online through his cousin. We really want to meet in person because we’ve been together for 2 years now but he is on probation and he cant travel outside the US for now. Can he still petition me as his fiance? We really want to be together and get settled.
Hi allan im originally from the philippines and got naturalized last sept 17, 2015. My fiance lives in the philippines and we’ve personally met way back 2007. We moved in the usa april of 2010. We’ve been together for 7yrd and 6 months now. And i havent visited him back 5 years. Can i apply k1 visa even though i havent seen him for 5 years? Or i haveto go home before i apply? I read about the two year period preceding to the filling of petition. Is that gonna affect the petition if all the evidence im going to submit is like 5 yrs old? Any advice? Ty 🙂
Seven, In all likelihood he will not be able to obtain a waiver of the in-person meeting requirement because his inability to travel is of his own making. At least, that is how the government will view matters. So, there will need to be some other creative approach to immigrating him and that depends in part on his nationality, place of residence, and financial means. You are welcome to call to discuss and I will see what is possible. Kindly, Allan
Jlibbs, Yes, the relationship is considered stale. You have to have a current relationship to immigrate him. Online chatting is not enough. You have to meet again. Kindly, Allan
I have a very difficult situation wherein my fiance and I are in complicated status, we hope to get married but he’s under parole/probation for eluding police. His probation is until 2018. I just wish to marry him and i really wanted him. He wants to travel here but his probation is the one stopping him. Please tell us what to do.
Shirley, Thank you for your inquiry. We can try to obtain a waiver due to his probationary terms. However, the chances of success are not good. In most cases, there are ways you can meet in person. It may not be convenient, but the goal is technical compliance so you can move forward with case processing. If you have an interest in possibly working with me on case processing, you are welcome to call to discuss option. I need more information and then can make a recommendation. Kindly, Allan
What do you mean by “You met each other, in person, at least once within 2 years of filing your petition” is it ok if i known my US citizen boyfriend for like 6 months not two years but we already met in person are we eligible to apply for Fiancee visa? Thank you.
Hi Emilie, If you have known each other for 6 months and during that time you met in person, then you have satisfied the “in-person meeting requirement.” There are still other requirements such as that you must show a genuine relationship. Basically, meeting once will satisfy the requirement technically, but immigration officers want to see a substantial relationship in addition to a genuine one. Kindly, Allan
Hi how can i go on the bridge pass the immigration and come back pass the immigration if i dont have a passport. Is not passport to required to access the bridge from us to get married there?
Greetings John. I have not been to that bridge, so I do not know the protocol when entering the bridge. If anyone has experience, please share. What I can say is that you do not need a U.S. passport or any identification to depart the U.S. You may or may not need identification to enter Mexico, depending on whether there is a checkpoint. The bridge is in between. If you depart the U.S. onto the bridge and do not enter Mexico, then you should be able to go onto the bridge. If you then return through the U.S. border check, you should eventually be allowed back in. If you are a U.S. citizen, there may be some delay in verifying it. However, you must eventually be allowed to pass since the U.S. is your country. For those with criminal convictions, the question becomes whether you’ve violated probation or parole. That would depend on the exact international border demarcation. I’ve not checked it, but I would bet it is more likely that the bridge was built by the U.S. government and that standing on the bride is U.S. territory. If you make no attempt to enter Mexico through the Mexican checkpoint, you likely have a good argument that you did not violate probation or parole terms. Kindly, Allan
I want to get a fiance visa for my fiance.we haven’t met in person due to I was convicted of 2 drug felonies 15 yrs ago I can’t leave the USA for this reason to travel and I have a bad fear of flying.my fiance is from nigeria.can I get a waiver since I can not leave the usa.i meet all the requirements but the meet in person.i love him want him here to marry.
Marci, You might not receive much sympathy in obtaining a waiver if you argue that your criminal convictions prevent travel. However, your fear of flying can be much better grounds to pursue a waiver. The U.S. consulate in Lagos is a tough post even with a waiver, so your chances of success in immigrating him to the U.S. are unclear based on what you wrote. Please call if interested in working with me on case processing. I will be glad to discuss. Kindly, Allan
Greetings, Mr. Lolly!
My boyfriend and I met in a social networking site and have been dating for almost 2 years now but we haven’t met in person yet. I would like to ask if it is okay to file K-1 visa after he gets back home from meeting me without waiting for months before filing? Thank you in advance!
Mari, Yes, it is possible to file for a K1 fiancee visa right after you meet in person. Kindly, Allan
Hello,
my fiance and i have been together for 12 years. last time we met was april 2013, which is 2 years and 10 months ago. Do we still need to see each other again in order to satisfy the in person meeting requirement? Please help. Thank you.
Yes because you’ve not met within the past 2 years. Kindly, Allan
hello i just want to ask my fiance and i had been together for 10 years but we meet 2011 then now his planning to for process my papers should we meet again or its enough.
Samantha, You must meet again if you have not met together in person within the past two years. Unfortunately, you cannot avoid this rule by knowing each other for a long time. The relationship must be current and intimate. Kindly, Allan
Hi Allan,
I have a question for you, Me and my fiance where separated for almost 5 years, but we been bf/gf for almost 9 years. And I’m planning to petition her as a fiance visa. The reason we were separated that long is because of my naturalization issue. I’ve been in and out in the united states since I got my permanent resident. That’s why I need to stay in the US in order for me to get my citizenship so that I can bring her as my fiance, My question is should we still meet in person??? we been communicating every single day for the last 4 years stay here in the US.
Dan, You must meet in person again since you have not met for the past two years. It may be to your advantage to marry when you meet since a green card holder can petition to immigrate a foreign spouse. If you want to pursue a fiancee visa, you must be a U.S. citizen. Please call me if you have an interest in perhaps working with me on immigration process and we can talk. There is no charge for the call. Kindly, Allan
Good day. I’m a 13 year military veteran. Will I qualified not to meet in person for medical reasons; sleep apnea, migraines, major depression/anxiety and allergic rhinitis?
Donald, Yes, it may be possible if you simply are unable to travel outside the U.S. If you would like to discuss, please call me. You should see a phone number on this webpage. Very kindly, Allan
Hello, I would like to know about my situation.
My girlfriend and I have been dating for year now, we know each other for over 3, however online. We want to marry and me to move to US with her. I live in El Salvador which has a tremendous violence, that aside, I’ve had visa until I was 18, 2 years ago I was denied visa since I was depending on my mother (and we were both applying to it) They said to try once my situation changed economically. Now I’m planning to start working and save up to visit her, I am just extremely worried to be denied visa again for an economic reason though. I’m not even sure what’s an amount they look for, should I even mention wanting to meet a partner at the interview? I would like some help. Please.
Thank you for your time.
Aleph, If you want to visit your girlfriend in the U.S., then you must be honest and state this as your purpose. You will likely not qualify for a visitor visa since there is a risk you might overstay your welcome as a visitor and not depart the U.S. on time. As for your income, there is no set rule. There are a variety of circumstances to consider:
https://asl-lawfirm.com/b-visa-for-visitors/
The fact that you had a visa is good. The fact that you were denied a renewal is a problem. I think it dangerous to apply again. Instead, your fiancee should meet you outside the U.S. When your relationship rises to the level that you want to marry, please let us know. Kindly, Allan
I am divorced and paying spousal plus child support. About two years ago I met in person my new girlfriend, we had met on a dating site. We are still in a relationship and I want to marry her. She is an illegal immigrant who didn’t qualify for DACA, something about her not having enough proof that she was residing in the country after she graduated from high school. I want to know how my situation and her situation can affect her qualification for a visa? Side note: I was born in the US and was in the army, she is a Mexican national but has lived here in the US (illegally) since she was one year of age. I would be grateful for your help Sir. Thanks!
Hi good day
I just wanna ask if my fiance can file a k1 visa even we never seen each other for 2yrs. Actually 2yrs nextmonth. And by august he will visit me here in the philippines. We’ve been together for almost 3yrs. Thanks.
Tin, It is possible to file the case now, because you’ve met within the past 2 years. If he delays, then he will need to wait until August to file. Please have him call me if you like to discuss. I’m available to help with case processing. Sometimes, it’s a good idea to file now, but in other cases it’s not a good idea. It depends on the situation. Kindly, Allan
Mike, Was she working with an attorney on the DACA submission? At this point, it’s o.k. since you want to marry her. She will be faced with a bar for unlawful presence, but I believe I can sidestep the bar in your case:
https://asl-lawfirm.com/blog/parole-place-military-family-members-uscis-memo-explained/
I invite you to please call me to discuss at 1-888-483-0311. Kindly, Allan
Mitchie, You meet the in-person meeting requirement. I cannot tell if it is a good case because you also must show a genuine relationship. Often, the most important factor in establishing a genuine relationship is the amount of time you spend together in person. Kindly, Allan
I filed for the fiance visa but was denied 8 months later because we never met my boyfriend lives in Africa we known each other for 3 years talking on the phone and online sending pictures to one another we gave them everything they asked for including the letters we intend to marry in 90 days the only problem we never met in person I’m afraid of heights I have anxiety I’m afraid of the plane and we really want to be together how can we get married if I cannot take a plane I want to know is a tourist visa good for him to apply for so we can see each other and get married here in the united States of America and apply for permanent residence so he can stay is that possible
Calisa, You may very well qualify, but were you working with an attorney on your case? Very often, an immigration agency will deny if they believe you do not know what to do once you are denied. Basically, it’s like a chess game. If you don’t know strategy, you get checkmated. The immigration agencies exist to work in the interests of the government and it becomes an adversarial system in which you have to protect yourself. If you like, please call me to discuss. Very kindly, Allan
hi! my ex boyfriend filed fiance visa 6 yrs ago but we broken up even before the letter from the embassy came. i never replied to it or never gave any documents and never showed up. will this affect my tourist visa application? thanks
Question: I am a US citizen on probation AND have child support in arrears exceeding $2500. If my fiancé, a Cyprus born national, were to fly back here to the states so she and I could marry, would either of those issues still stop me from acquiring a passport to leave the country with my new wife?
Anne, Your prior visa filing on the K1 should not interfere with your chances now. That was long ago and you never got the visa. You did not use the visa or abuse it. This is a small consideration for your application. Certainly, you must show you have strong ties to your country to help prove you will not overstay your welcome as a visitor. Kindly, Allan
Fred, You can leave the U.S. now if you like. The problem is that when you travel, you cannot enter another country without a passport, except perhaps Mexico or Canada. I don’t know how you will get to Cyprus.
Your fiancee can come to the U.S. on a visitor visa and marry you, then depart the U.S. If you want her to immigrate to the U.S., please let me know and we can discuss. Kindly, Allan
Hello Allan,
My question is. I’ve been with my fiance from the phillipines for 5 years. I travelled there 3x since we been together. I have pics and reciepts to prove. But the last year i met her was 2 years and 2 months ago. I was suppose to travel back and meet her this year so i can file for a K1 visa. But unfortunately I pick up anxiety and depression disorders. Will that be good enough to do a waiver.
Jeff, It is difficult to tell whether you might qualify for a waiver of the in-person meeting requirement. Does your affliction prevent all travel outside the U.S. and is it chronic rather than temporary? You are welcome to call me at 1-888-483-0311 to discuss if you would like to work together with me on case processing. Very kindly, Allan
Hi Allan,
Your’e probably one of few lawyers who is honest enough to inform people on how difficult it is to petition the meet in person requirements. I’m not sure if you’re replying to these comments yourself, but either way, I commend you for your transparency on this issue.
With that being said, I have a situation myself that may be different then many others. I’m a natural born citizen of the USA and I have never left the country. My family migrated to the US from Yemen over 38 years ago and are also citizens. I was recently introduced to this beautiful, kind, and warm hearted lady that I’ve fallen in love with.
However, she is in Yemen, has never been outside her country and I’m guessing you may know the situation in Yemen right now. I never thought I would actually consider marrying someone from another country and going through all processes that come with it but after meeting this women I’ve had a change of heart.
There is no embassy, continuous war, flight halted at times (i believe currently), it’s just a mess. The only thing that’s been going through my mind is what’s the fastest way to get her here, so we can get married and I can get her away from the chaos. She is so ambitious and wants to learn English and loves everything she hears about America.
Sorry for all the detail but would I qualify for this petition due to the circumstances in Yemen? What are my chances?
Dear Sir, my bf is from dehli india, im not trying to go through any loop holes, even though we have not met yet we were hoping to find a way for him to come here to the usa, i was curious since i live in Indiana, would i have to meet you in your state to discuss this matter? Also i would like to know your rates so i can prepare. Thank you for your time.
Robin Ortiz
Hi! we have some family friends that live in Michigan and they are Yemenis. their daughter is 17 and has accepted a proposal from a Yemenis family for their son who lives in Yemen. It is legal for her to get married in Michigan with parental consent which she has since this is an arranged marriage. They are also Muslim and do not want their daughter to travel to Yemen, firstly due to the travel advisory for US. Citizens to that region, and second the need for her Father to accompany her couldn’t happen due to his work. Is there any way they would have a case to get approved for a waiver?
Thanks for the compliment Ameer. I’ve helped people immigrate during war: Eritrea, Iraq, Syria, etc. I’ve immigrated foreigners from Yemen. What would prevent you from meeting her somewhere outside the U.S.? Is she unable to travel outside of Yemen? Can you please contact me off-post so we can go over issues together? Very kindly, Allan
Robin, Greetings. Getting him to come to the U.S. to meet is difficult, considering he is in India. What would prevent a billion people from “visiting” the U.S.? It would be a tremendous mess to open the gates to everyone.
https://asl-lawfirm.com/blog/what-are-the-different-ways-to-come-to-the-us/
The legal fees depend on the work. Cases are not all the same. Here is a schedule of customary services and fees for fiance and marriage visa processing:
https://asl-lawfirm.com/service-fees/
I have other clients in Indiana. We are set up to work with you and also to work with your fiance in India, right where each of you are located. Can you please contact me off-post so we can talk? Very kindly, Allan
Hey there! I don’t know if questions still get answered here, but I shall give it a try anyway.
I’ve been with my bf for 5 months now. He lives in the US while I am in Greece. We want to get married… There are a few problems here.
1. I am leaving Greece with the intention to never return, ever. I have no intention to keep connections with any of my family here, and instead focus on the family I’ll start with my bf.
2. We have not met in person. We had plans that have been mentioned multiple times in chats, but due to him moving, and his passport taking too long, we had to cancel.
So now, I want to go there instead so we can get married. Any suggestions/ideas as to what can be done? And it needs to be done quickly, cause I’m getting thrown out of my current apartment and have nowhere else to go.
Thanks in advance!
Hi sir i haven’t met my bf from 4 years he lives in new Zealand and i am a us citizen. 4 years ago we both was in india and we use to meet in person so many times. My question is that can i apply the fiancée visa before and then meet him in person or i should meet him in person before filling the case. My second question is that can he come here on tourist visa after i applied for him to meet me in person and go back to nz.
My fiancé is an American citizen and is in arrears of child support but that was a past relationship we been together for over a year now I’m a Canadian citizen we want to get married abd I want to sponsor him here as my spouse as I know I can do that but he can’t get a passport so I don’t think we can get married or sponsor him does he absolutlt need one to get married here in Canada
I found USA gay for disability dating site. he make me seriously relationship understand my disability care of a lot but we meet in person, but he ask me visit him in USA . what i can do?!
Shewit, Your ability to obtain a visitor visa to the U.S. depends on your situation, including your nationality. Can you please have your fiance call me at 1-888-483-0311 if interested in perhaps working with our office on case processing? I would be glad to discuss. Kindly, Allan
Saba, Yes, it is possible for the daughter to marry in Michigan even if she is still 17 years of age if Michigan allows it. It is likely she cannot obtain a waiver of the in-person meeting requirement if the father is unable to accompany her on her visit to meet her fiance outside the U.S. There is no requirement that they must meet in Yemen, but just that they must meet outside the U.S. A waiver based on religious restrictions is possible in theory, but would be highly unusual. Nearly all Muslims meet in person, so why not this couple. It will be a difficult argument to make to show her situation is different, but it might be possible. Can you please have her or the father call me to discuss if interested in working together? Kindly, Allan
Natalia, When it comes to immigration matters, the U.S. government wants foreigners to follow the rules and not cut corners. Officers will not consider your housing situation unfortunately. You have the visa waiver program (ESTA form). If your fiance cannot visit you, then you can visit him, so long as you intend to depart the U.S. at the end of your visit. Can you please have your fiance call me to discuss if you have an interest in perhaps working with me on case processing? Very kindly, Allan
Tanu, You cannot file for a fiance visa for your fiance because you have not met within the past 2 years. Once you meet and a case is filed, he can have difficulty visiting the U.S. while the case remains in process.
Please call me to discuss further if you have an interest in perhaps working with me on case processing. Very kindly, Allan
Karen, I am sorry, but I practice U.S. immigration law. You need to contact a Canadian law attorney. Kindly, Allan
My fiancé is in Nigeria, we met on social media a year and 3 months ago (not up to two year) and I want to file for a K1 visa to bring her here so we can get married, how can I be exempt from the two year face to face seeing, since our relationship is not up to two years.
Tosin, You qualify for a K1 now since you met together a year and 3 months ago. It’s o.k. Given she is from Nigeria, your chance of visa refusal on a K1 is substantial. If you have an interest in possibly working with me on case processing, can you please contact me off-post? Kind regards, Allan
Hi sir I am a kenyan citizen currently living in Mombasa I applied for a k1 visa but I was denied since have never met my fiance in person despite the fact that we have been dating for 3 years now he wants me to visit him in the states please advise because I really wanna meet.
My fiance is an American citizen I’ve been with my fiance for 5 months now. We meet on social media she lives in the US while I am in Ethiopia. In this case how can I move to her and married here.
*plus she is student.
Can you help me or show me the way how I can start the process make out to her.
Trizah, You will not be able to obtain a visitor visa to the U.S., particularly since you were denied the K1 fiance visa. Any visa denial is not good on your record. Your U.S. citizen fiance needs to meet you somewhere outside the U.S. Is there a medical reason he cannot travel? Please have your U.S. citizen fiance call me to discuss options if you both have an interest in working with me on case processing for your immigration. Kindly, Allan
Hello Allan. I’ve been talking to a girl from the Phillipines for 4 years now and plan to marry. We met online but have not met in person yet. We exchange messages daily as well as letters and gifts. I’m confused about the process and how to go about it. Our plan was for her to come on a work visa and then get married here. Is that possible? Or can she come with a tourist visa thus fulfilling the requirement of us having met in person. How soon can i file for the k1 visa after we met? Does she have to fly back to her country? Would it be easier for me to travel to the Phillipines? I’m covering costs involved. I’m just trying to figure out the easiest way to do this.
There is no indication she is prevented from meeting you. She is a student so she likely does not have much money or time to travel. Even so, you must meet in person first before she can immigrate you to the U.S. Kindly, Allan
Jose, The K1 visa is designed so that you must first meet in person before processing on the K1 through the U.S. consulate in Manila. The vast majority of people in the Philippines do not qualify for a visitor visa or employment visa to the U.S. Typically, you must travel outside the U.S. to meet her. Consider that immigration process has been in place for hundreds of years, so the idea that you want to meet her in the U.S. is common to all. The danger is that she may not depart the U.S. on time as required by her visitor or work visa. For this reason, she will likely not qualify to obtain any such visa. You can apply to immigrate her as your fiancee only after you’ve first met in person. Even after meeting, she will still come under scrutiny to ensure that her true motive is not to get the visa only. Immigration officers will look at what you both say and do, but also at the circumstances. People often have the best of intentions, but the circumstances do not sound right and the visa is denied. If you like, please contact me once you’ve made reservations to meet your fiancee in person and I will be glad to discuss further and assist with her immigration to the U.S. Kindly, Allan
Dear Mr. Lolly, my girlfriend in the Philippines and I met about a year ago on social media. She qualified for a tourist visa since she is a science teacher with a job and no problems in her background. We will be meeting in the us on the tourist visa to satisfy that meet in person requirement. Then we plan on her returning to the Philippines and we will apply for the k1 visa. I read somewhere you had to meet outside the us ,that seems unnecessarily complicated. Is meeting in the us sufficient?
Steve, Meeting in the U.S. is fine. There’s no problem with it. Once she arrives as a visitor, please consider calling our office to discuss next steps. Very kindly, Allan
Hello Sir, This is Muhammad from Pakistan
Me and my girlfriend in the USA met each other 3 years ago on social media, finally we have decided to get married. we want to apply for a spouse visa, but i read somewhere that “you have to meet in person to marry before you file a petition”
where as she does not wish to visit Pakistan and I am unable to meet her at some other country due to financial difficulties.
Do you think is it possible for us to apply for a F1 VISA, or if we have PROXY Marriage and then we could Apply for a Spouse Visa..
i have been together with my girlfrien from the philippines for 8 years and i spent the last 3 years physically away from her because i am atleady living here as a us marine and it is hard for me to travel because of work related reasons. will it be a viable reason for the meet up waiver
Marc, It’s possible if you do not have any leave granted to you by the military. Keep in mind that the rules are strict in this area. There is nothing that says you must travel to meet her in the Philippines, but just that you must meet in person unless you are blocked from meeting for some compelling reason. People who have difficulty meeting are not unable to meet. You are welcome to call me to discuss further if you have an interest in working with me on case processing. Kindly, Allan
Muhammed, A proxy marriage is only valid for U.S. immigration purposes if you meet in person after the proxy and then consummate the marriage. Kindly, Allan
Hello,
My fiance lives in Libya, we have known each other for a year and a half. I would love more than anythjng to get him here. I’ve been reading about doing other visas first and then once he’s here, try for a k1; however, I’ve read a lot of things that could suggest that way go badly as visa fraud. I wouldn’t mind visiting and meeting him there, but travel to there for me is dangerous for many reasons considering the current turmoil they are going through. The surrounding countries are equally as dangerous at the moment. I’m not certain if there would be a chance or of a way to make it work or how, but I’m definitely open to finding a way like Valtierra and Edgar. I’m just lost a little in all laws and the varying things I’ve read about. I know every case is diffeeent, but we have to at least try.
Hello Allan,
I met my boyfriend online and we’ve been dating for 4months now. I’ve been to Nigeria to visit him for only a couple days (because its almost impossible to get time off work) and we got engaged. Problem is, he was denied visa to America twice in past (not k1 visa). Although, I have enough income to support the both us, I was wondering how long do we have to wait before applying for a K1 visa.
Anita, The most important consideration is your chances of success in bringing him to the U.S. The amount of time you spend together makes a difference, as do other considerations such as each of your ages, cultural backgrounds, immigration histories, etc. I understand you are unable to spend more than a short time together due to work. Please just do the best you can do and call me when you return to the U.S. if you have an interest in possibly working with me on immigration processing. I would be glad to talk. Very kindly, Allan
Amanda, There is no requirement that you meet in Libya. Please ask where he can travel outside Libya and meet there. You are welcome to call me to discuss if interested. I hope to hear from you. Kindly, Allan
I live in Liberia, West Africa. My fiance lives in the US we met online but haven’t met in person due some reasons like her financial situation and my tradition also said that you cannot meet your fiancé in person before marriage. She actually want to file for the K-1 visa but we are afraid of being denied. As its states in the K-1 visa requirements that meeting in person is highly recommend…. I seriously need your help on what to do
Barkale, Thank you for your inquiry. Financial concerns are not a basis for failing to meet in person. Otherwise, we all would qualify for a waiver. All waivers in immigration are a rare exception to the rule. Most waiver applications are denied. The precept that your religion prohibits you from marrying might have been possible years ago. However, people from nearly all religions worldwide have met and immigrated on fiance and marriage visas. It would be the very rare case nowdays to obtain approval based on religious beliefs about meeting before marrying. I don’t belief it will work. The USCIS will believe this is a money issue and will be hard on the case. Your fiance is welcome to call me to discuss once travel plans are made to meet you in person and I will be glad to discuss further. Kindly, Allan
Hi, my boyfriend and I met and been together from 2013-2016 but he went to US from 2016-present (2020), we wanted to file for a fiance visa, will it be possible if we haven’t met the meeting requirement? Thank you!
Tinxx, There must be a compelling reason you are unable to meet somewhere outside the U.S. if you cannot otherwise enter the U.S. You stated you’ve not met within the past two years, but have not stated why you are unable to meet anytime in the near future. COVID-19 is not a reason not to meet. You must wait until travel opens up. Can you please send me an email and explain more? attorneys@asl-lawfirm.com.
Hello, good day. I would like to ask if its possible for my US citizen boyfriend to file a waiver because he cannot leave the US while on child custody trial on going? We more than 2 year in relationship already and met on fb. Hope to hear you soon. Thank you
Mabel, It may be possible to obtain a K1 fiance visa based on a waiver depending on the situation. Normally, there are not court restrictions regarding child custody; most such restrictions relate to child support. The question is the cause of the inability to travel abroad and the when the issue may be resolved. It will also help to know your residence location and nationality. K1 fiance visa processing can take over one year currently. So, the timing of the court case versus the time it takes to obtain a K1 and waiver should be considered. Can you please have your boyfriend call our offices at 858.483.0311 if you have an interest in working with me on case processing? Allan
Hello, my fiance and I are planning to get married but we are not be able to meet the 2 year meeting due to his fear of flying and vehicle in general. He is diagnosed with General Anxiety Disorder (GAD) when he was in his early 20’s that prevents him from traveling. Can we used that to file a waiver for K-1 requirement?
Hi Vann, Yes, it’s possible. There is no requirement that you meet where you reside. The question is whether it is reasonably possible to meet together anywhere in the world by any means. If his fears are well-founded and are chronic, then a waiver of the in-person meeting requirement is available. You would also need to show the strength of the relationship given you’ve not met in person. The difficulty in these cases is that USCIS officers are skeptical because nearly all the waiver applications that are filed are unjustified. It often is the case that the US citizen wants to save the cost of travel and thinks of reasons for not traveling that are not compelling. I’ve helped in a number of cases that have documented fears such as you mention. The fact that he’s had GAD since his 20’s may make this a good case for submission. Kind regards, Allan