Is there a way to get a K1 for my fiance even though we haven’t ever met in person?

Asked on August 30, 2014 under Immigration Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your questions makes me understand that you are aware that the United States Citizenship and Immigration Services (USCIS) has requirements regarding to issuance of a K1 Visa and that never having met your fiancé throws a wrench in the system, so to speak.  Maybe.  Here is what the requirements are for USCIS in conjunction with the Department of Homeland Security.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
    2. If you prove that the requirement to meet would result in extreme hardship to you.

So you would need to apply for a waiver and I would strongly suggest that you seek the help of an Immigration Attorney to do so.  Good luck.


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