K1 visa for same sex

[khoamythovn 1]

I have a female family member who would like to file for K1 visa for fiance of same sex marriage. I reside in IL and would like to know if this is possible. My big question is how would the VN consulate view the K1 visa. As the word 'engage' would mean intent to marry. However, the actual marriage would in the US, not VN. Anyone have an experience if this is even possible?

[Harpa Timsah 13,258]

Yep, since the past month or so, this is possible. There are plenty of people doing the same, and it will be treated the same as an opposite-sex case.

[Darnell 8,478]

As long as same-sex marriage is allowed in the state where the petitioner resides , then all is good.

If it's not, then you have to study the state laws, seeing if that state recognizes same-sex marriage obtained in another state. If that's the case, be prepared to write up the wedding plans (briefly) in a letter of attestation submitted with the I-129F.

So, tell your family member to study the state law for where she resides.. IMO (and others) that's the bit that makes the difference.

[khoamythovn 1]

Illinois does not allow same sex marriage but allows as civil union. I found some information and this voids the notion of marriage.

Couples who have a civil union will not have any of the protections or responsibilities federal law provides to married couples. These include social security survivors’ and spousal benefits, federal veterans’ spousal benefits, immigration rights associated with marriage, federal spousal employment benefits, the right to file joint federal tax returns, exemptions from income tax on your partner’s health benefits, the federal exemption from inheritance tax, and many other federal protections which are denied same-sex couples whether legally joined in a civil union or a civil marriage.

[JohnR! 5,495]

Illinois does not allow same sex marriage but allows as civil union. I found some information and this voids the notion of marriage.

Couples who have a civil union will not have any of the protections or responsibilities federal law provides to married couples. These include social security survivors’ and spousal benefits, federal veterans’ spousal benefits, immigration rights associated with marriage, federal spousal employment benefits, the right to file joint federal tax returns, exemptions from income tax on your partner’s health benefits, the federal exemption from inheritance tax, and many other federal protections which are denied same-sex couples whether legally joined in a civil union or a civil marriage.

The text is outdated and incorrect.

You are eligible to immigration and all federal benefits so long as you are legally married. If you can't get married in Illinois, you can get married in any of the states that celebrate marriages. The USCIS recognizes marriages performed in any of the 50 states, for K-1 purposes.

In terms of immigration benefits your marriage is no different that anyone else's.

Good luck!

Edited August 20, 2013 by Gegel

[Harpa Timsah 13,258]

Civil Union will not be good enough. They will have to get really married in another state, or move.

[khoamythovn 1]

The moving part would be the problem I suppose. Married in a same-sex marriage state and residing back at a civil union state. Unless move permanently to the state that allow it. Anyone know if this is the law?

[Darnell 8,478]

Why would it be a problem? People move all the time.

People even get married out of state, all the time.

I suggest that the marriage will be a life-changing event based on domicile.

Sure, it probably means you get to help out, being a pack mule for your relative, but so what? That's what families are for !

[JRF 117]

I remember a recent post with this same question (seems to me the OP was in Illinois). Suggest you do a search for that thread. Agree with Darnell - immigration is a federal benefit - as long as the individual is legally married (people go to Las Vegas all the time to get married even if they live elsewhere, why would this be any different) they are free to file.

Best of luck and congratulations to your relative!

[Chris & Trinh 15]

You realize that in Vietnam, there're SO MANY traditional couples ( as in men with women) being denied at the US Consulate, even after they've been married for quite an extended period of time (their marriages are FULLY LEGAL AND RECOGNIZED by the Vietnam gov't).

You know the reason why? Because Vietnamese are well known for fraudulent marriages. They're married for immigration purposes. The US Consulate is fully aware of the situation. Their mentality is to assume EVERY marriage is fraudulent til proven otherwise.

Good luck on convincing them your proposal same-sex relationship (not yet LEGALLY recognized, ie. NO marriage certificate) is a GENUINE one. The US Consulate won't deny your case because they don't like gay marriages. They'll deny simply because they don't believe the relationship is bonafide. And they've done that may times before (to straight marriage cases).

Give it a try. It's a 99.999% guaranteed failure, for the US Consulate in Saigon.

You are correct about Vietnam being recognized for a high volume of fradulent marriages. You also may be right about the same sex K1 being denied 99.999%, However, this is such a new process for same sex petitions that no one knows how it is going to go for any country. I know there are a few people on this forum that are petitioning for their same sex partner in Vietnam. So it will be interesting to see what happens. Who knows, they MAY be lucky and get that "00.001%" chance of passing.