same sex K-1 visa

[jessicatran05 5]

Hi I am new on this website. I am currently preparing my K-1 package for my fiancee. I am engaged to my fiancee (we have been in relationship for 4 years now). As you may or may not know, DOMA (federal law that defined marriage is between a man and a woman) has been struck down by Supreme court on June 26th. So I can file petition for my fiancee now. My question is that anybody on this forum are preparing for their same sex partner as well? Would my applicatin face any discrimination from the US immigration department? Although I did read that they will treat same sex applicant the same was opposite sex applicant. I have 4 years worth of pictures of us, 5 boarding passes to see my fiancee, 2 years worth of phone records, and other letters that we have send to each other. Do you think this is enough or shoud we get more evidence? Thank you for your reply!

[Andrea&Henry 311]

Hi Jess! to be truly honest this is the 1st post I read about this in my almost 2 years as a vj member. And because the Doma was sooo recently called off basically we have no previous experiences. I truly think that same sex immigration petition shouldn't face any kind of discrimination or be treat it differently. The USCIS are going to be as hard on your case as any straight couple immigrant petition.

Just follow the guidelines, and make sure everything is perfect.

[lost_at_sea 995]

There are a few other people, but I fail to think of their names right now.

Technically, you should now be able to file the I-129f for K1. The hurdle may be that you'll have to be arriving into a state that'll allow your same-sex marriage. Does your fiance live in a state that's sane? When you complete your forms and do the intent to marry letters, I'd be inclined to indicate in those that you intend to marry in a state that allows same sex marriage, just to be 100% clear with whoever is adjudicating your file. The State department can't discriminate against you anymore because of the overturned DOMA. That's why it's great!

I'd be interested to see, over time, if there are problems on the local embassy side of things. We already know that the embassies vary wildly in terms of approving visas based on other factors.

In terms of your evidence - that sounds good. Make sure your boarding passes are dated within 2 years of your i-129f application, since that's the bit they care about most (having fact-to-face met in the last 2 years).

Edited July 1, 2013 by lost_at_sea

[jessicatran05 5]

There are a few other people, but I fail to think of their names right now.

Technically, you should now be able to file the I-129f for K1. The hurdle may be that you'll have to be arriving into a state that'll allow your same-sex marriage. Does your fiance live in a state that's sane? When you complete your forms and do the intent to marry letters, I'd be inclined to indicate in those that you intend to marry in a state that allows same sex marriage, just to be 100% clear with whoever is adjudicating your file. The State department can't discriminate against you anymore because of the overturned DOMA. That's why it's great!

I'd be interested to see, over time, if there are problems on the local embassy side of things. We already know that the embassies vary wildly in terms of approving visas based on other factors.

In terms of your evidence - that sounds good. Make sure your boarding passes are dated within 2 years of your i-129f application, since that's the bit they care about most (having fact-to-face met in the last 2 years).

My actual residence is in Washington. I just come to Illinois for school. Washington allowed same sex marriage now. I stated in my letter of intent to marry that I will move back to Washington to marry and live there with my fiancee. My friends and parent are there in Seattle. I was wondering if passport is enough or do I need to include my birth certificate and naturalization certificate (I am a US citizen through my parent)? I have the passport here with me in Illinois but the Birth certificate and naturalization certificate is back in Washington. I will come back to Seattle to get teh document in mid - Aug. My question is that should I wait that long to file for I-129f or is the passport enough? Thanks for your reply. I hope to get everything in order and organize so we don't run into problem.

[ArianneChris 6]

There may also be more scrutiny depending on which country your fiancee comes from. Some countries have been flagged as high fraud and they might be stricter when it comes to same sex couples. It may not be discrimination per se, it's just the fact that even with non same sex applications, there have been times when people "help their friend get into the US", even if they're relationship is no more than platonic. I think it wouldn't hurt to include more proof of a bona fide relationship evidence in your 129F while keeping this in mind. Maybe affidavits from your boss/family/friends acknowledging your relationship, more pictures, emails/chat logs, call logs, receipts with both your names on them, wedding invitations, etc.

I know that adjudicators shouldn't discriminate, but it might pay to front load your evidence so you can prevent any additional delays.

All the best!

[jessicatran05 5]

There may also be more scrutiny depending on which country your fiancee comes from. Some countries have been flagged as high fraud and they might be stricter when it comes to same sex couples. It may not be discrimination per se, it's just the fact that even with non same sex applications, there have been times when people "help their friend get into the US", even if they're relationship is no more than platonic. I think it wouldn't hurt to include more proof of a bona fide relationship evidence in your 129F while keeping this in mind. Maybe affidavits from your boss/family/friends acknowledging your relationship, more pictures, emails/chat logs, call logs, receipts with both your names on them, wedding invitations, etc.

I know that adjudicators shouldn't discriminate, but it might pay to front load your evidence so you can prevent any additional delays.

All the best!

Oh about the emails and IM messages. We have plenty but it is in Vietnamese. Do I have to get official translation or can I do the translation myself? I would think it would cost a lot to get translator for thousands of page chat and message.

[lost_at_sea 995]

My actual residence is in Washington. I just come to Illinois for school. Washington allowed same sex marriage now. I stated in my letter of intent to marry that I will move back to Washington to marry and live there with my fiancee. My friends and parent are there in Seattle. I was wondering if passport is enough or do I need to include my birth certificate and naturalization certificate (I am a US citizen through my parent)? I have the passport here with me in Illinois but the Birth certificate and naturalization certificate is back in Washington. I will come back to Seattle to get teh document in mid - Aug. My question is that should I wait that long to file for I-129f or is the passport enough? Thanks for your reply. I hope to get everything in order and organize so we don't run into problem.

For your citizenship evidence, see 3C and 3D in the instruction pdf: http://www.uscis.gov/files/form/i-129finstr.pdf Passport looks sufficient.

[ArianneChris 6]

Oh about the emails and IM messages. We have plenty but it is in Vietnamese. Do I have to get official translation or can I do the translation myself? I would think it would cost a lot to get translator for thousands of page chat and message.

You don't need to include all of it, just choose maybe a page for each month from the previous year? I am not quite sure about the translation requirements, perhaps you could start a thread in the Vietnam portal to ask what others have done for those.

Also, maybe include all yours and your fiancee's passport stamps/boarding passes/itineraries/hotel receipts, etc exceeding the 2 years mark as proof of a bona fide relationship. I know the 129F will only accept evidence within the last 2 years prior to filing as "meeting within the last 2 years evidence". But extra primary evidence (passport stamps, boarding passes, tickets, etc.) will be good to show that the relationship has been ongoing

[JRF 117]

Vietnam is considered high-fraud - more is better. You don't need to translate things like emails, etc. into English. The guides will tell you exactly what does require a certified translation (i.e. beneficiary's birth certificate, police check, etc.). As long as at least one of your visits was in the past two years it sounds like you have all of the right supporting documentation.

I know you have to be married within 90 days of the beneficiary's arrival in the US. I don't know whether that means you have to be legally married in the state where you live. I would think you can find free legal aid from any number of organizations but given the newness of it all if this isn't covered by regulation or statute (or precedent, which is unlikely) your best bet is to file and see what they say.

Best of luck!

[dmck 80]

Don't forget the words "we will marry within 90 days of her arrival into the United States" I got a RFE because we stated we would marry, but didn't spell out within 90 days.

[rjbntsk 5]

Hi - we are in the same situation, although both of us currently live in Australia. I am the USC and here on a 457 work visa, and my fiance is Malaysian-born but now on a NZ passport.

It'll be interesting to see how things are handled at the Consulate in Sydney, but the Ozzies are known for being quite friendly and laid-back (unless you're talking sports, haha!).

Thanks to this website, we've done quite a bit of researching and preparation, so are almost ready to send in our 30mm high stack of papers for the I-129f.

Good luck to you both and keep in touch!

[rjbntsk 5]

.

I know you have to be married within 90 days of the beneficiary's arrival in the US. I don't know whether that means you have to be legally married in the state where you live. I would think you can find free legal aid from any number of organizations but given the newness of it all if this isn't covered by regulation or statute (or precedent, which is unlikely) your best bet is to file and see what they say.

Best of luck!

The info we've received so far is that we can live in any State we choose (although doing so in one with same sex marriage will be much easier for benefits), and same sex couples just need to do the actual marriage in one of the States that have it. It will create an interesting legal conundrum when it comes to State income tax and other things!

Immigration Equality is a helpful website for any same sex couples who need some info or a referral.

[GayK1inTexas 12]

I filed our I-129F on July 10 to the Dallas lockbox. I live in Dallas and my gay fiancee is in Indonesia. The package has been received and I hope to get NOA1 in the next week or so. I will keep you posted as to our progress. Good luck.

We spent alot of time putting together the package with lots of proof of our on-going relationship and proof of meeting. We made sure we crossed every T and dotted every i. LOL...

[GayK1inTexas 12]

Vietnam is considered high-fraud - more is better. You don't need to translate things like emails, etc. into English. The guides will tell you exactly what does require a certified translation (i.e. beneficiary's birth certificate, police check, etc.). As long as at least one of your visits was in the past two years it sounds like you have all of the right supporting documentation.

I know you have to be married within 90 days of the beneficiary's arrival in the US. I don't know whether that means you have to be legally married in the state where you live. I would think you can find free legal aid from any number of organizations but given the newness of it all if this isn't covered by regulation or statute (or precedent, which is unlikely) your best bet is to file and see what they say.

Best of luck!

There is no requirement that you be married in the state of petitioners residence. We are going to Iowa to be legally married but will live in Texas. The US government doesnt care were you were married. That is a state issue at the moment.

[GayK1inTexas 12]

The info we've received so far is that we can live in any State we choose (although doing so in one with same sex marriage will be much easier for benefits), and same sex couples just need to do the actual marriage in one of the States that have it. It will create an interesting legal conundrum when it comes to State income tax and other things!

Immigration Equality is a helpful website for any same sex couples who need some info or a referral.

Exactly. Where you get married is your choice. The repel of DOMA is about recognizing same-sex marriage at the federal level. As long as you are legally married is their only concern.