By VISANOW Contributor|2014-11-07T17:23:31+00:00October 27, 2014|
One of the the K-1 fiance visa requirements is that the U.S. citizen and foreign national fiance meet in person within two years of filing their petition.
While there are two exceptions to the two-year meeting requirement (discussed below), the two year meeting requirement is applicable to most persons.
Every day, VISANOW’s immigration specialists speak with individuals interested in the K-1 fiance visa process who have not yet met in person.
So, what do you do if you want to apply for a K-1 fiance visa, but you and your fiance have not met in within the last two years ?
Here are four options to fulfill the K-1 fiance visa requirement of meeting in person.
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The U.S. citizen can travel abroad to meet fiance in his/her home country
In most situations, the best option to fulfill the two year meeting requirement is for the U.S. citizen to travel abroad and meet his/her fiance in their home country. U.S. citizens are able to travel to many countries without needing visas. It is also relatively easy for a U.S. citizen to obtain a visa for countries where a visa are required.
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The fiance can apply for a U.S. B-2 Visitor visa and travel to the U.S.
If the U.S. citizen cannot travel to meet the fiance, the fiance can apply for a B-2 visitor visa. VISANOW has been successful in obtaining B-2 visitor visas for foreign nationals in relationships with U.S. citizens, however, these visa applications can be challenging.
In the B-2 visitor visa application, the fiance will need to present strong evidence of their intent to return home after the visit to the U.S. This evidence can include employment, family, property ownership, and financial interests. The interview wait times vary by Embassy/Consulate, and if approved, most B-2 Visitor visas are issued in about 5-7 days.
The B-2 Visitor visa option may seem like a quick and easy way to satisfy the K-1 fiance visa two year meeting requirement, however B-2 visas are challenging applications. Before applying for a B-2 visa, we encourage you to complete a free B-2 case assessment with a VISANOW immigration specialist to determine if your fiance has a strong B-2 case
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The U.S. citizen and fiance can meet in a third party country
If the U.S. citizen does not want to travel to the fiance’s home country and the fiance cannot obtain a visa to the U.S., the couple can try to find a third party country where neither the U.S. citizen nor the fiance need a visa to visit. For example, neither a U.S. citizen nor a Russian citizen need a visa for Barbados, so Barbados would be a great country for a U.S. citizen and Russian fiance to meet in person.
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Apply for a Waiver of the two year meeting requirement
USCIS provides two limited scenarios where it would consider waiving the requirement that the U.S. citizen and fiance have met in person within the last two years.
These scenarios are as follows:
- The requirement to meet your fiance in person would violate strict and long-established customs of your or your fiance’s foreign culture or social practice; or
- The requirement to meet your fiance in person would result in extreme hardship to the U.S. citizen; for example, a serious heart condition prevents the U.S. citizen from traveling and the fiance cannot obtain a visa.
Both of the waiver scenarios can be difficult to prove. If you can meet in person, you should do so. If you and your fiance absolutely cannot meet in person, and you believe you qualify for a waiver, you should consider partnering with an immigration attorney so that you have the best chance of getting approved.
Need help with your K-1 fiance visa? Complete a free K-1 fiancé visa case assessment today.