What is the Two-Year Meeting Requirement Waiver for an I-129F Petition for Alien Fiance?

All U.S. citizens seeking to file an I-129F Petition for Alien Fiance with the U.S. Citizenship and Immigration Services (USCIS) must demonstrate that they have met their fiance(e) in person within two years of filing the petition. Those who have not met their fiance(e) in person within two years would still like to file an I-129F may do so provided USCIS waives the two-year meeting requirement. 

Applying for a waiver must be done in conjunction with the original I-129F filing. There are two scenarios of how a meeting requirement waiver may be granted:

1. If meeting between the petitioner and beneficiary would result in “extreme hardship” to the petitioner;


2. If such meeting would violate long-standing customs of the beneficiary’s culture.

Extreme Hardship to the Petitioner

USCIS interprets extreme hardship to the petitioner as showing that it is close to physically impossible for the petitioner to be able to meet the beneficiary. For example, the petitioner not being financially able to make a trip to meet the beneficiary or the petitioner not being able to have enough time off work to meet the beneficiary is not viewed as extreme hardship. However, if the petitioner is suffering from a medical condition in which they are physically unable to travel may be seen as extreme hardship. At the same time, the petitioner being unable to travel because they are incarcerated or on parole is normally not seen as extreme hardship to the petitioner.

Meeting Prior to Marriage Would Violate of Long-Standing Customs of the Beneficiaries Culture

In situations where it is physically possible for the couple to meet but doing so would violate long-standing customs of the beneficiary's culture, a waiver may be sought. However, proving that such a meeting would violate long-standing cultural traditions must be backed up by hard evidence. One example may be that in certain cultures, it is a long-established tradition for a couple not to have physically met until their wedding night.

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What is the Two-Year Meeting Requirement to File an I-129F Petition for Alien Fiance?

A U.S. citizen seeking to petition his or her foreign fiance for a K-1 visa must demonstrate that they have physically met their fiance within two years of filing the petition with the U.S. Citizenship and Immigration Services (USCIS). While USCIS does not provide guidance on the amount of time the couple must have physically spent together, the U.S. citizen petitioner will nonetheless be required to submit proof of such meeting. Such examples include the U.S. citizen’s passport showing admission stamps visiting his or her foreign fiance in their home country, airline reservations and ticket stubs, hotel/ Airbnb reservations, restaurant receipts, and pictures of the couple as well with friends and family. 

Once gathered, the documentation evidencing must be submitted with the initial I-129 Petition for Alien Fiance to USCIS. If during the adjudication process it is determined that the two-year meeting requirement has not been established, USCIS will issue a Request for Evidence (RFE) enabling the petitioner to submit additional information to show that the two-year meeting requirement has been established. 

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What is a Form I-129F?

A Form I-129F is a Petition for Alien Fiance filed through the United States Citizenship and Immigration Services (USCIS). The form can only be filed by a U.S. citizen over the age of 21. Non-US citizens including Lawful Permanent Residents (i.e. Green Card Holders) are not able to petition their foreign fiances. 

Before a U.S. citizen can file for his or her foreign fiance, they must have physically seen each other within two years upon filing the petition. Included in the petition is proof of such meeting involving copies of passport stamps showing that the U.S. citizen was in the foreign fiance’s home country, plane tickets, pictures taken of the couple during their meeting, and other forms of evidence showing that the couple has met. 

In addition to the supplemental documentation which must be submitted, the U.S. citizen petitioner is required to certify whether the couple met through an International Marriage Broker. If the couple did meet through a marriage broker, the petitioner must disclose this information and provide additional documentation such as forms that the foreign fiance signed with the marriage broker prior to the couple meeting.



by: Enterline and Partners Consulting