can-i-apply-for-a-fiance-if-we-have-not-met-in-personCan I apply for a Fiance if we have not met in person?

The Fiance visa process is one of the easier methods of applying for a prospective husband or wife. The petition allows you to bring over your potential spouse to the United States and get married within a 90 day period. However, in some unique case, or based on specific circumstances, the couple may not have met in person before this decision is made. Sometimes they may not have met in person in many years. In other case, the question then becomes: Can I apply for a Fiance if we have not met in person?

The answer is to this question in brief is: unless you have physically met in person over the last two years, your petition is likely to be denied.

The I-129f petition which is used to apply for a fiance contains a question which explicitly asks if you and your fiance have met in the last two years. It asks for a explanation of this physical meeting, and it is advisable to include some form of evidence that the two of you have met in person.

If you have NOT met in person you can apply for a waiver of this requirement. The waiver would be based on the following provision:

“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.” INA § 214.2(k)(2)

Meeting this requirement could occur in the following circumstances.

1.) You cannot travel to see your fiance because of some form of extreme hardship. For example a medical condition. Simply not being able to travel to your fiance’s country is not sufficient, as they may be able to meet you in a third country.

2.) Your culture has a custom in which bride and groom do not physically see each other. Establishing this custom is not easy, and cannot simply be done by asking USCIS to take your word for it. Instead you will have to present real evidence of this cultural custom and show how it applies to you and your fiance.

For the most part if you cannot fit into either of these categories, save yourself the time, and money and do not apply until after you have met each other in person.

This post is solely intended for educational purposes and is not legal advice.

Consult a qualified immigration Attorney in order to find out more information about apply for a Fiance if we have not met in person or any other immigration matter.