Many applicants who are cognizant of the exception mistakenly believe that they are eligible.  Given the USCIS’s interpretation of the regulations, however, it is extremely difficult to establish one’s eligibility for this exception.  Many cultures and religious do not approve of a couple meeting before their wedding.  However, in the modern age many couples do not always completely comply with their cultural and/or religious practices.  The USCIS has repeatedly ruled that if a meeting is not approved of by a religion or culture, but is tolerated nonetheless, the meeting requirement will not be waived.

It is possible to obtain a waiver of the meeting requirement because of the beneficiary’s long standing culture or religion.  However, to be successful it is necessary for an applicant to thoroughly demonstrate the cultural or religious practice forbidding the meeting.  Gafner Law Firm is a NYC fiance visa law firm that will work closely with k-1 visa applicants from throughout the United States to ensure that a K-1 beneficiary who is eligible for a waiver based upon his or her cultural or religious practice will be able to demonstrate that eligibility to the government.

To start the K-1 process, a k-1 couple must file a petition with the USCIS and demonstrate that they intend to marry and that they have personally met during the two years immediately preceding the application.  The meeting requirement is vigorously enforced and can only be waived in two distinct circumstances.  The first circumstance is if the meeting requirement would cause extreme hardship to the petitioner.

What does extreme hardship mean?  Good question.  Hopefully the following will provide a better understanding.   First, it should be noted that the extreme hardship must be on the U.S. citizen.  Unfortunately, the hardship felt by the beneficiary is not important to the USCIS in determining a k-1 couple’s eligibility for this waiver.

Determining whether a U.S. citizen will suffer extreme hardship is a discretionary decision made by USCIS and will be determined based on the facts presented in each specific case.  K-1 visa lawyer Chris Gafner has reviewed many USCIS decisions on this matter and has found some pattern in the USCIS’s determination of extreme hardship.

Many would-be applicants have claimed that their financial position causes them extreme hardship in meeting the requirement.  The USCIS does not accept this argument.  USCIS most often determines that extreme hardship occurs to the petitioner if the k-1 petitioner is suffering from a medical condition.   However, the petitioner must thoroughly demonstrate that the medical condition places the petitioner in extreme hardship if he or she were to travel.  Often, it is necessary to demonstrate that a beneficiary cannot fulfill the meeting requirement by coming to the United States to visit the petitioner (and then return to the home country to await the filing of the K-1 visa).

The waiver to the K-1 visa application is often very difficult to obtain.  Nonetheless, if you think you are eligible for a waiver, it is very important to consult with a k-1 visa lawyer who can help you compile a sound argument for the waiver.  Failing to obtain a lawyer’s assistance will probably greatly increase the possibility of a failed k-1 application.   Gafner Law Firm is willing to take k-1 visa cases where there is extreme hardship.  Please contact the firm to get your k-1 visa started today.

As way of background, the K-1 visa allows for a fiancee (or fiance) of a U.S. citizen to enter into the United States for the sole purpose of marrying.  The K-1 visa requires that a couple have met within the two years immediately before the K-1 application is filed.  The requirement can be waived in two instances – if it would cause extreme hardship to the petitioner, or if it would violate the beneficiary’s long-standing customs and cultures.

In the recently released K1 case, the K-1 visa petitioner attempted to claim that the meeting requirement would violate the beneficiary’s long standing and strict customs, and would cause the petitioner extreme hardship.  However, the k1 couple failed to provide adequate evidence.  The k1 petitioner stated that he feared for his safety in traveling to Pakistan to visit his fiancee.  However, he failed to provide any substantive evidence of the risks he faced.  Additionally, the k1 beneficiary claimed that it was against her customs for the two to meet.  The couple provided letters from the leaders of her religious community, however, the letters failed to properly show why the meeting would violate long standing tradition and custom.

The K-1 opinion is available on the USCIS website.  K-1 visa lawyer Chris Gafner was not counsel to the petitioner in this case.

To obtain the K1 visa, a couple must demonstrate that they truly mean to be married in the United States once the foreign national enters the country.  Additionally, the K-1 couple must demonstrate that they have meet within the two years immediately prior to the filing of the K1 visa application.   Let me say that again, a couple must demonstrate that they have meet within the two years immediately prior to the filing of the K-1 application.

This requirement is strictly enforced and many k1 applications have faltered because of the requirement.  K-1 visa lawyer Chris Gafner recently reviewed a case where a couple was denied a visa because they had last met a mere eight days before the two year mark (He was not counsel to that unfortunate couple).  Other couples have failed because they had not meet during the two year time period, but had met right after the k1 visa application was filed.  Once a couple files a k1 application, it does not matter whether or not they meet afterwards – what is important to the USCIS is that the couple has met during the two year period immediately before the filing date.  Other couples have failed because they had known each other for decades and didn’t think it was necessary for them to meet during the two year period.  (This firm was not counsel to any of these couples).

A couple must not only meet during the two year period, they must be able to demonstrate to the USCIS that they have met during that time.  K-1 visa lawyers know of many couples who have failed to obtain a k-1 visa because they failed to prove that they had met during the two year period.  Often, these individuals actually claim to have lived with each other for part of the two year period.  Unfortunately, claims are not enough for the USCIS, it is necessary to demonstrate that a K1 couple has met during the two year period.

The two year meeting requirement is rigidly enforced and a k-1 couple should not take lightly the need for proving that they have met during the required time.  The only way to bypass the meeting requirement is to receive a meeting requirement waiver – a difficult task – and a topic for another post.

If you are filing a k-1 visa – please contact a k-1 visa lawyer.  It will hope you avoid stress and delay.