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Would the hardship waiver for the k1 visa b approved if the reason is I am on probation so i can't leave state w/o permission

Marion, IN |

I met my fiancée on a dating site and we have been talking all day everyday thru Facebook and want to be together. We r considering a proxy marriage and then applying for a k1 visa since we have never met n person. He tried for a visitors visa and was denied and I am on probation and probably wouldn't get permission to leave the country and will b on it for several more yrs. Would that b a reason to b approved the hardship waiver?

Attorney Answers 4

Posted

First, a proxy marriage makes no sense and has no value with immigration.

Second, no, I don't see you qualifying for a waiver because of the fact that you committed a crime.

Talk to an attorney for more information.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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4 lawyers agree

Posted

I agree, the fact that you are on probation will not be a valid basis for a waiver. You really should discuss your situation with an immigration attorney if you really want her to join you in the U.S.
Best of Luck!

This is general information and not legal advise. This communication does not create a lawyer-client relationship.

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3 lawyers agree

Posted

As an initial matter, a proxy marriage will be of little value. It would not help you achieve your ultimate goal of being together.

I do not think the fact that your are on probation and therefore, cannot travel will be sufficient grounds to establish hardship. Have you even asked your probation officer whether they would authorize your brief travel outside the United States? Hardship can be established for a variety of reasons, but it is a very fact-intensive inquiry. It would be best advised to speak with an experienced immigration attorney about your unique situation.

As a side note, you should consult an experienced immigration attorney regarding your criminal history. Some criminal convictions make a person ineligible to petition for a fiance/spouse.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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2 lawyers agree

Posted

Inability to travel because of probation is not a ground for successful waiver. You do not need a proxy marriage for fiancee visa.

My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.

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