May 1, 2019

Obtaining a U.S. K-1 Visa for your Fiancée or Fiancé

To bring your fiancé(e) to the United States, you must file Form I-129F (Petition for Alien Fiancé(e)) and prove that you and your fiancé(e) have met in person within the two years immediately preceding the filing of the petition. If you cannot prove that you have met, can you obtain a waiver for this requirement?

There are two circumstances under which the two-year meeting requirement may be waived:

If meeting the beneficiary (fiancé/e) would result in “extreme hardship” to the petitioner (U.S. Citizen); or
If such a meeting would violate strict and long-established customs of the beneficiary’s foreign culture or social practice.

Extreme Hardship to the Petitioner USCIS generally interprets this requirement to mean that it is medically or physically impossible for the petitioner to travel to meet the beneficiary. The following situations do not qualify as extreme hardship: a. The petitioner cannot afford the trip financially; b. The petitioner cannot get time off work to travel; c. The petitioner cannot travel due to incarceration.

However, if the petitioner suffers from a medical condition that prevents them from traveling, this may be considered a case of extreme hardship.

Meeting Before Marriage Violates Cultural Customs In some cultures, a meeting between the petitioner and beneficiary prior to marriage would violate the traditional customs of the beneficiary’s culture. Therefore, a waiver may be sought in this situation. The petitioner must be able to provide documentation proving the existence of this custom.

If you have any questions regarding the K-1 Visa, please contact us directly at: info@enterlinepartners.com to schedule a one-on-one consultation with our experienced U.S. immigration attorneys.

Categories: Form I-129F, Immigrant Visa, K-1 visa, Petition for Alien Fiance, Request for Evidence, U.S. Citizen, Vietnam

Tags: K-1 Visa

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Obtaining a U.S. K-1 Visa for your Fiancée or Fiancé

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