| This is an overview of the K1 Fiance Visa requirement | | | | requirement. The waiver is granted when it is |
| for the engaged couple to have been in each other's | | | | established that a meeting would be an extreme |
| physical presence within two years of filing their fiance | | | | hardship for the US citizen petitioner (not to the fiance |
| petition. | | | | visa applicant). Extreme hardship to the petitioner |
| The Immigration and Nationality Act (INA) requires K1 | | | | exists where the petitioner may have an extenuating |
| fiance visa applicants to have physically met in person | | | | medical disability or circumstances that warrants a |
| before the United States Citizenship and Immigration | | | | waiver of the meeting in person requirement. |
| Service (USCIS) will grant the I-129F. This is simply one | | | | Moreover, in circumstances where the in person |
| factor used to prove the bona fide or sincerity of the | | | | meeting would be in violation of one's customs, cultural |
| relationship between the fiance visa applicant and the | | | | or religious values, then the US citizen may request the |
| US citizen petitioner. | | | | waiver. As long as the religious belief is recognized, or |
| This "in person" meeting requirement is outdated and | | | | the cultural tradition is sincere, then USCIS will waive |
| incognizant of the advent of online dating, video | | | | the meeting requirement. |
| conferencing, and instant messenger. More and more | | | | Oftentimes, couples have met and can fulfill the 1 in |
| people are meeting and creating social relationships | | | | person meeting requirement, but whether it is sufficient |
| within the confines of their computers without ever | | | | to create a genuine and caring relationship with the |
| leaving the comfort of the home. Binational couples | | | | visa applicant will depend on the couple's unique sets |
| are meeting through social networking websites such | | | | of facts. For instance, the consular officers may |
| as Facebook, Hi5, eHarmony, and Match.com, which | | | | scrutinize extensively whether a couple who spent 1 |
| are websites with thousands of active users searching | | | | day together would be able to establish a bona fide |
| for their soul mates. Nonetheless, US immigration | | | | relationship as oppose to 1 month. The 1 day visit may |
| require the engaged couple to be in physical presence | | | | also contradict the traditional notion of a relationship |
| of each other at least once, despite how long they | | | | where there's sincerity and genuine care and affection |
| have been communicating and established their | | | | if the couple commenced their relationship 1-2 months |
| relationship. | | | | prior to filing the Fiance Visa Application. Nonetheless, a |
| In extenuating circumstances, US law does allow the | | | | 1 month long visit may also be scrutinized if there are |
| US citizen petitioner to apply for a hardship waiver | | | | other red flag issues such as a wide age gap or |
| requesting discretionary relief to waive this | | | | multiple filings for the same applicant. |