Question on meeting within the last 2 years

[qntmleap2]

Does anyone have any experience with the USCIS granting a waiver of the requirement of having met in person in the last 2 years? I'm a U.S. citizen and my fiancee lives in Argentina. We met online over 11 years ago, and she has been here to see me in person twice, for weeks at a time, but the last time was in 2001. Since then, we have been online only, using webcams and programs like Skype, so we talk and see each other almost daily. If I should file an alien fiancee petition form, would the USCIS deny it just because of the 2 year rule, even though we are in constant contact? Is someone who has only met in person for one day but within the last two years in a better position with the USCIS than our situation? Do they completely ignore modern technology like the internet and Skype in judging whether a couple knows each other? We would like to avoid the hassle and expense of making an unnecessary tourist visa trip just to fulfil the 2 year rule. Thoughts?

[barbarajlw]

Does anyone have any experience with the USCIS granting a waiver of the requirement of having met in person in the last 2 years? I'm a U.S. citizen and my fiancee lives in Argentina. We met online over 11 years ago, and she has been here to see me in person twice, for weeks at a time, but the last time was in 2001. Since then, we have been online only, using webcams and programs like Skype, so we talk and see each other almost daily. If I should file an alien fiancee petition form, would the USCIS deny it just because of the 2 year rule, even though we are in constant contact? Is someone who has only met in person for one day but within the last two years in a better position with the USCIS than our situation? Do they completely ignore modern technology like the internet and Skype in judging whether a couple knows each other? We would like to avoid the hassle and expense of making an unnecessary tourist visa trip just to fulfil the 2 year rule. Thoughts?

Wow you have not seen each other since 2001? And you want to get married and only know the person from the net and have only had a few weeks at a time together? And you don't want to make the effort to see each other in person because it is an unnecessary trip. MMMM Sorry but you have to prove that you have met within the last 2 years and no caming and chatting do not count.
You have to be able to touch the person and gee maybe have a photo together. .

[qntmleap2]

Wow Barbara, I didn't expect a mocking and condescending reply when I'm seeking help here. We have seen each other nearly every day since 2001, and I venture to say we know each other better than many other couples seeking to marry. Just because we aren't in the same room doesn't mean we can't communicate our important thoughts and love to each other! Do you have any experience using webcams and Skype before you came here to get married? Also, we consider it an unnecessary trip because it would only be done to fulfill an archaic rule. We would rather just do a fiancee visa, which is a long process as it is. And yes, we have photos together, just not recent. All that said, I think you're most likely right that they wouldn't grant a waiver. So, that leaves the tourist visa. Keep in mind that if that should get denied, our dream of finally being together could be over. We couldn't do the fiancee visa without the 2 year rule being satisfied, Catch 22. The thing is she's hearing reports in Argentina that they are denying tourist visas to come here if you so much as know someone here. We know you have to prove you will go back, and she definitely will go back. So Barbara, I would like you to consider this question very carefully, maybe ask others with experience in getting a tourist visa: What is the best approach in dealing with consulate officers? We could -
1. Be totally honest and tell them the reason for the trip is to see her fiance, to satisfy the meeting in person within 2 years rule, and risk them denying it just to keep her from immigrating at all.
2. Don't even mention a fiance and just go with being a tourist trip.
3. I could send her a letter of invitation and be her sponsor for coming here for a visit. That means I'm financially responsible for her here and willing to make sure she goes back. Do you have any experience or knowledge of visa denials being more likely if it seems like you aren't financially secure/dependent on the one you're visiting? Are they more likely to grant a visa if they think you are financially independent?
4. Another approach that maybe you could suggest....!
Before you ask "Why don't you go there!" I will tell you that I have an agoraphobia/fear of flying disorder. Yes, I've sought help.
I would like to THANK YOU! in advance for taking the time to read this and any help you or anyone else on this site may be able to offer!!!

[wavedom]

You have probably read this information somewhere, but the USCIS can approve a waiver based on two things:

1. A violation of any cultural customs.
2. Extreme hardship for the U.S. petitioner.

Since you've already met in person, I assume that the first point is out of question. Based on the information from other various sources, it seems to be almost impossible to get a waiver based on the second reason. Usually it's for people who have a medical disability which makes them unable to fly at all. I doubt that the USCIS would consider fear of flying being a medical condition.

The only option as I see it would be a B1/B2 visa (unless there's another way for you to go to Argentina). Although when she fills out the DS-160, one of the questions is if she has any immediate relatives in the U.S., which includes a fiancé. So if she pretends that it's just a regular tourist trip, she would have to lie while filling out the DS-160. I don't know how this (if it's discovered) would affect her future K1 visa application at the embassy. The other option would be, as you wrote, to be honest about why she's applying for a visa. However, being denied a tourist visa under 214(b) shouldn't affect her chances too much of being approved for a K1 visa later on. The only problem would be that you still have to satisfy the meeting requirement.

If you decide to go for a tourist visa, does she have any strong evidence that she really intends to go back? If she has a permanent job or if she owns a house it could be used as evidence. Even though the embassy knows that she intends to give up a job and everything in Argentina once she gets the K1 visa, I don't think they would deny her a tourist visa for this reason. I belive they are required to consider each visa application separately, which in her case would mean that they only focus on her intentions of going back to Argentina, and not on her intentions of moving to the U.S. sometimes in the future.

[barbarajlw]

Wow Barbara, I didn't expect a mocking and condescending reply when I'm seeking help here. We have seen each other nearly every day since 2001, and I venture to say we know each other better than many other couples seeking to marry. Just because we aren't in the same room doesn't mean we can't communicate our important thoughts and love to each other! Do you have any experience using webcams and Skype before you came here to get married? Also, we consider it an unnecessary trip because it would only be done to fulfill an archaic rule. We would rather just do a fiancee visa, which is a long process as it is. And yes, we have photos together, just not recent. All that said, I think you're most likely right that they wouldn't grant a waiver. So, that leaves the tourist visa. Keep in mind that if that should get denied, our dream of finally being together could be over. We couldn't do the fiancee visa without the 2 year rule being satisfied, Catch 22. The thing is she's hearing reports in Argentina that they are denying tourist visas to come here if you so much as know someone here. We know you have to prove you will go back, and she definitely will go back. So Barbara, I would like you to consider this question very carefully, maybe ask others with experience in getting a tourist visa: What is the best approach in dealing with consulate officers? We could -
1. Be totally honest and tell them the reason for the trip is to see her fiance, to satisfy the meeting in person within 2 years rule, and risk them denying it just to keep her from immigrating at all.
2. Don't even mention a fiance and just go with being a tourist trip.
3. I could send her a letter of invitation and be her sponsor for coming here for a visit. That means I'm financially responsible for her here and willing to make sure she goes back. Do you have any experience or knowledge of visa denials being more likely if it seems like you aren't financially secure/dependent on the one you're visiting? Are they more likely to grant a visa if they think you are financially independent?
4. Another approach that maybe you could suggest....!
Before you ask "Why don't you go there!" I will tell you that I have an agoraphobia/fear of flying disorder. Yes, I've sought help.
I would like to THANK YOU! in advance for taking the time to read this and any help you or anyone else on this site may be able to offer!!!

To answer your question yes I do have experience in Skype and using webcams as this is how my now husband communicated whilst we were apart and how I first saw him before meeting him in person. But it is not the same as being with a person and living with them trust me it's not. And yes I also was denied a tourist visa from Australia as I was honest and told when asked what was my intent and they said I had to apply for a fiance visa. All I am saying is you have to have met in the last 2 years for a fiance visa and as you don't have that I can't see it working for you. Your only other alternative is you will have to go there and you can marry and then apply for CR1 spousal visa. I don't think as said before your fear of flying is going to create a waiver for you. If you are not officially engaged she would not be lying to CO if she said visiting her boyfriend but if she does lie and you are engaged and she says fiance it will come back to bite you in the ***.