Fiance Visa Waiver Program

An exception to the 2 year meeting requirement to be eligible for K-1 fiancé visa is where it would be physically impossible for the US fiancé to meet his or her fiancé abroad due to a serious physical disability as a result of a medical condition, or when meeting the fiancé overseas beforehand would constitute a violation of long established customs or practice.

When to Waive the 2 Year Meeting Rule

Although a waiver is an option available for partners, the essential requirements are not easy to fulfill. In Section 214.2(k)(2) of the Immigration and Naturalization Act, US immigration law will renounce the two-year meeting requirement if the following eligibilities are met:

If it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary’s foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day.

Extreme Hardship Rule

Bear in mind that the term “extreme hardship” is normally interpreted by USCIS to represent something very close to physically impossible. In terms of a K-1 fiancé visa, a USCIS officer would most likely interpret that a petitioner is so physically incapacitated that he or she is completely unable to fly and meet the foreign fiancee.

US K-1 Visa Lawyer in Manila

To learn more about the exceptions to the two-year meeting requirement, speak with one of our dedicated K-1 fiancee visa lawyers in Manila Philippines or Los Angeles office for assistance.