One of the key requirements of the K-1 fiance(e) visa is that the couple must have physically met at least once in the past two years. For many couples, this is not an issue and can be documented through photos, plane tickets stubs, and hotel/travel receipts.
For those facing unusual circumstances though, this can pose problems. In one instance, a couple had known each other for 4 years. They met during the first year and subsequently applied for a fiancée visa in year 2. The petition was approved, but personal circumstances prevented the fiancée from utilizing and entering the US on the K-1 visa. The I-797 approval notice expired, but the couple continued to communicate.
In year 4, the couple decided that the fiancée would enter the U.S. The couple needed to reapply for a fiancée visa, however, finances prevented them from being able to meet within the past 2 years of the submission of the subsequent K-1 petition. Would the USCIS grant an exemption?
Unfortunately, K-1 regulations only allow exceptions to the meeting requirement based on religious/social custom reasons or medical extreme hardship. Financial inability is not an option. In these circumstances, officers may suggest that the foreign fiancé(e) or US fiancé(e) travel to the foreign country or to the USA to satisfy the meeting requirement.
Nor is the inability to procure a tourist visa for the foreign fiancé(e) to visit the US an option. In that situation, the officer may suggest to the couple that they arrange to meet in a 3rd country such as Mexico or Canada.
In view of this strict application of the 2 year meeting requirement, international couples who are serious about bringing the foreign fiancé(e) should prepare and plan carefully to address the meeting requirement. Not only are there financial considerations such as air fare, hotel, and other travel expenses, but there are potential timing issues as well, bearing in mind that the meeting must have taken place within 2 years prior to the submission of the petition.
Should you and your fiance(e) be interested in applying for a fiance(e) or spousal visa, please do not hesitate to contact me at (626) 771-1078.
