The K-1 visa allows for a foreign national fiance(e) of a U.S. citizen to come to the United States and marry. Once married, the couple can apply for the foreign national’s adjustment of status, work authorization and advanced parole. Applying for these benefits will enable the foreign national to become a green card holder (lawful permanent resident) and, eventually, a U.S. citizen. The K-1 fiancee visa is the starting point of the process.
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.