All around the world, people fall in love in all kinds of ways, and in all kinds of places. The USCIS recognizes that, which is why the requirements for a K-1 visa are relatively few and simple:
- The petitioner must be a U.S citizen.
- Both you and your fiance must be legally eligible to marry (e.g. not siblings).
- You must intend to marry within 90 days of your fiance’s arrival in the U.S.
- The “two-year meeting requirement,” which states that the couple must have seen each other in-person within the last two years.
It’s likely that the first 3 criteria are not a problem for you. But if you are reading this, it’s likely that the last point – the two-year meeting requirement – is a challenge. In most cases there is a paper trail documenting the relationship, but not always. In most cases both people in the relationship have met each other in-person, but not always. In either of these “other” situations, getting a K-1 visa becomes a little trickier.
Though strictly enforced by the USCIS, there is a process by which you may get the requirement waived. The more likely route to success is that your attorney can help you show evidence of an in-person meeting you already had, or tell you that in your case there’s no alternative to meeting your fiance(e) in-person. On the off-chance neither of those is possible, you and your attorney may choose to pursue a waiver.
If you need help on your K-1 visa, and perhaps on seeking a waiver, contact Boston immigration attorney Giselle M. Rodriguez. Giselle helps clients with the full range of immigration challenges, including K-1 visas. She is bilingual (English & Spanish), and works with clients throughout Greater Boston and Massachusetts. Contact Giselle today to discuss your case, or read on to find out more about securing your immigration status in the United States.
What Is the 2-Year Requirement for Applying for a K-1 Visa?
As per USCIS guidelines, in order to meet the immigration process for a foreign fiancé visa (Form l-129F, Petition for Alien Fiance(e), the applicant needs to fulfill the “two-year meeting requirement,” which states that “the couple must have met in person within the two years immediately preceding the filing date of the petition within the two years immediately preceding the filing date” (See I.N.A. § 214(d).)
In other words, a couple must have physically met each other (in the U.S or abroad) in-person, face to face, within the past two years. Video chats and phone calls are not considered in-person or face-to-face. If you apply for a fiance visa without fulfilling this meeting requirement, your application will be denied.
When fulfilling the two-year meeting component of the K-1 application, you must show evidence of your meeting with ample evidence. Such evidence includes
- Passport stamps of exiting and entering the country/state
- Plane tickets
- Photographs of you together
- Travel itineraries
Among all types, passport stamps are by far the most weighty and supplemental evidence you can include in your application. You should definitely prioritize passport stamps in your evidence collection. Evidence like plane tickets, photographs, and travel itineraries leave room for forgery in USCIS’s eyes.
Meeting Before Applying for the K-1 Visa
It is crucial to time you and your beneficiary’s meeting within the USCIS’s two-year window requirement. If, for example, at this current moment you and your fiance have only met once, 23 months ago, then by the time you submit the I-129F petition your meeting could be 25 months (two years and one month) in the past. USCIS will ultimately deny your petition.
If you are planning to meet after filing the K-1 or do not have evidence to prove prior meeting that falls within the two-year meeting requirement, your foreign national fiance’s visa will be denied.
When Can You Get a Waiver for the In-Person Meeting Requirement for a K-1 Visa?
It is possible to get an extreme hardship waiver for the requirement of meeting in-person. But these waivers are unlikely to be approved, and should not be your first resort.
Under 8 C.F.R. § 214.2(k)(2), an extreme hardship waiver can be applied where complying with the meeting requirement would:
- Cause extreme hardship to the foreign national or US citizen petitioner
- Be contrary to religious or traditional long-standing customs of either party’s culture or social practice. For reference, in some countries around the world, the groom and bride are prohibited from meeting before the date of the wedding.
It is extremely difficult to prove extreme hardship to the U.S citizen petitioner. Normal inconveniences or simply showing that a physical meeting would’ve been expensive will likely not suffice for a waiver. Indeed, an extreme hardship waiver is only granted in situations where the petitioner could prove that due to any circumstance, traveling was an impossibility. These circumstances include:
- Extreme sickness
- Permanent physical disability
- In rare cases, dangerous country conditions
- Extreme cases on the grounds of cultural or religious practices where both parties are prohibited from meeting before marriage.
- COVID exception
Aside from extreme sickness and permanent physical disability, the remaining possibilities are rarely considered. In the case of dangerous country conditions, USCIS maintains that the petitioner and beneficiary party should be able to meet within a neutral third country.
In the unspoken view of the USCIS, most religions and cultures DO allow meeting in-person before a marriage.
The COVID exception was made obsolete as soon as that pandemic affected nearly everyone.
If petitioning on the basis of extreme sickness or physical disability, the petitioner must submit substantial medical documentation as evidence.
Processing Time of a K-1 Visa and Any Hardship Exemptions Requested
The status application processing time for a K-1 Visa is about six to eight months, more or less. If you have decided to apply for an extreme hardship exception, be aware that it might take more time to process than an average K-1 Visa. Moreover, if USCIS denies your application and you plan to appeal, the process may be further prolonged.