I applied for my fiance to come to the US so we can get married but his application was denied. The reason they gave us was that me and him have not met in person in the past 2 years but we filed a waiver because it is against our religion for us to meet in person before marriage. Also my sister got married the same exact way 4 years ago and her application was approved.
It is true that U.S.C.I.S. may waive the in person meeting requirement if it would cause extreme hardship to you or would violate strict and long-established customs of your fiancé’s foreign culture or social practice. Perhaps you did not explain adequately how it would violate long-established customs of your common religion or satisfy the agency otherwise that you would have a bona fide relationship with your fiancé. I suggest that if you file another petition for him, you include evidence that you both belong to the religion and that meeting him prior to marriage is against your religion including independent proof from religious clergy or from encyclopedias or other books. Also that you include further evidence of the bona fide character of the relationship including affidavits from knowing individuals from both sides of your families. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Was it your initial petition (I-129F) that was denied? If so, what, if any, proof did you submit regarding the religious beliefs/customs that forbid you to meet each other before you marry? It may be that when you filed the I-129F petition you did not provide enough documentation of those beliefs or customs. If that is the case, you may want to file another I-129F petition with that proof. You will have to pay the filing fee again.
The US citizen who filed the petition would have been given appeal rights with the notice of denial. The petitioner should exercise those rights. If the administrative appeal is unsuccessful, it may be possible to pursue relief in federal court.
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