New Journey Begins (we are same-sex)

[SV350z 3]

Hi Everyone,

Note: To anybody who is offended by me or my story I am sorry if you disagree with my preferences. I am just here to start my journey, we have suffered just like everyone else and can finally apply.

Just want to introduce myself! This community has been outstanding for information and I just wanted to join in. I plan to list my journey here to help others and maybe I can also get some feedback, either way, I just want to throw my story out there.

I have been traveling to and from El Salvador about 4 years, I own a business down there and always visited. One day I met my spouse, he was at work (a local restaurant/bar) and it kinda just went from there. We have been together 8 months and we are engaged and very in love. Our relationship is stable, I currently live in El Salvador with a temporary status (3 month temporary residency, its' a pain). I can't get any other status due to the fact that El Salvador does not recognize same-sex anything, period.

We have 3 businesses together, lots of photos (starting from day 2 of our relationship), lots of witnesses, emails, facebook stuff (does that count? It should.... ), I have atleast 15 passport stamps to El Salvador over the last year.

I know that DOMA is gone and we now are able to apply for a K1, but, I wasn't ready to jump. However, the K1 Visa page on the .gov website now says that same-sex couples get the same rights immediately and we can apply just like anyone else. I know everything I need, we meet all the requirements. My own parents and family can attest to my relationship, etc.

I meet the income requirements in the USA and have a US full time job plus our businesses.

Now my paranoia: It seems that a lot of this process hinges on the interview at the US Embassy in El Salvador. I have personally dealt with them many times, they are pleasant but slow. El Salvador is a very open minded country with an insane gay side to the city, despite rumors that it's closed minded. HOWEVER, the officials and government are pretty negative. No harassment in the street, etc but they are not overjoyed to help gay people either. Not a place where I'd go and say, hey, this is my fiancee. In fact, I fear for the health of our relationship in the long term since in El Salvador we cannot PROPERLY marry, get joint accounts, etc. I am worried that we could be denied at the Embassy because an officer might say that our relationship is not valid because we are same-sex or that its not tangible or stable because according to many peoples gay couples are less faithful (who knows, but we are faithful and happy and honestly good people).

I figure I will need to mention specifically that we plan to goto Boston to Marry since we plan to live in New Jersey which does not have gay marriage although it does recognize unions. I have planned this out, saved the money, invested my heart and time and am ready to risk it. I have struggled so long in El Salvador, I have been in violent and bad situations due to the poor conditions in El Salvador, and I have feared for my safety and business many times, I am ready to just come home to the USA and bring him with me. I am a US Citizen too and I deserve to be happy too....... it is hard enough to survive these days much less in Central America. Sheesh! But I've done it to be with him, and I like it, but it's not the same and it's not safe.

Does anybody have any tips on what he might experience at the embassy? How can we avoid discrimination? We plan to get married days after he gets here, I meet all the requirements for the K1 and he has never even attempted to enter the USA, no prior issues, etc.

He has a basic English level, I have him going to the best English school and he has a motivation to learn, I know that's not required but if he is going to come to the USA he is going to speak English, I live there and speak fluent Spanish. I taught him the basics of the USA too and the names of the states and presidents.

Our goal is to be in the USA on or before August 2014.

I plan to file within the next 2 months, calculating 6-7 months time for approval puts us in May or June of 2014.

Comments? Tips? Thanks VJ people, I know you see alot of threads, hope mine isn't too repetitive.

[Carla V 43]

Wish you the best of luck.

I don't know of other cases, but I don't think that after doing all k1 visa process, schedule your appointments for medical, interview in the Embassy, etc... they can deny you the entry for the interview...

In fact in Mexico i couldnt bring my fiance with me to the interview, it was just me in there.. so the officer wouldnt even know who the other part is... don't over think or worry... just do the things in the legal manner and as with all the others in visa journey we will wish for the best and hopefully you will have the best result.

[JohnR! 5,495]

SV, it seems your main concern is how your spouse will be treated by the US Consulate in El Salvador. The directive from the Dept of State is clear in that regards. K-1s are all the same, regardless of applicant and beneficiary.

You are correct in that his approval hinges on the interview in SAL but the only thing the interviewer will be concerned is on the documentation presented and his personal documents. The interview is a one-to-one and done as a private matter, so chances are nobody else will be aware of his business there either.

In general terms, the local employees of our embassies and consulates are bound to abide by the rules of the US, these outfits being sovereign American soil.

The consulate will not be concerned as to where you will get married, for the K-1 does not mandate that the wedding take place in the state where the applicant resides. With a K-1 you can get married in any of the 50 states, so that will not be an issue.

Hopefully someone else will be able to comment on that consulate specifically, but you should not have to lose sleep over having your sexual life play a part in the decision of your application.

Good luck!

[SV350z 3]

Thank you both! We are going to apply and hope for the best.

I notice for the procedure i need proof of a job. I do not have paystubs because my job is online and does direct deposit.

would printing 2 years bank statements and highlighting the direct deposit with company name work?

Thanks

[KayDeeCee 4,893]

Thank you both! We are going to apply and hope for the best.

I notice for the procedure i need proof of a job. I do not have paystubs because my job is online and does direct deposit.

would printing 2 years bank statements and highlighting the direct deposit with company name work?

Thanks

Yes, but one year should be plenty. Together with your most recent tax transcript should work. You could also consider providing a work contract or letter from your employer as additional proof your employment and income.

[Harpa Timsah 13,258]

The people that interview you are Americans, not locals. I am sure they are doing additional training too.

As far as the state issue (MA v. NJ) is concerned, I am not convinced as others here that it is not an issue. For some states, marrying your cousin is illegal, and people pursuing K-1 that reside in those states have been denied (even if they have plans to marry elsewhere). It is my opinion that same-sex relationships have the potential to be treated the same way. Since no SS visas have been issued yet, I am not sure, but I would at the least include your plans to marry elsewhere, and at most be prepared to move to another state.

As I understood this DOMA thing, it was a deferral to states rights.

The visa takes longer than 6 or 7 months, just so you know (though I have seen some quick ones going through lately).

Best of luck!

[FulanoDeTal 19]

^{I hear you about the "double standard" in many Latin American countries. The view on the street is often very different from the "official position."}

^{You will be expected to meet the same U.S. immigration standards (no less and no more) as an opposite-sex couple seeking a fiance visa. The political or religious stance of El Salvador regarding same-sex marriage is simply irrelevant to the process.}

^{You're correct that you should state your intent to get married in Massacusetts within 90 days of your fiance's entry into the United States. New Jersey (or any other State that doesn't allow same-sex marriage) won't cut it for purposes of a same-sex fiance visa.}

^{Your proof of income will be satified through copies of your recent federal income tax returns (plus W2s) or tax transcripts. Check the El Salvador embassy section of this site, which should give you more specific information on the documentation requirements at that embassy.}

^{Buena suerte con tu "viaje de visa" and keep us posted.}

[FulanoDeTal 19]

Sorry, on the financial information I also should have referred you to the Form I-134 instructions for the financial and employment information. The instructions are fairly specific about the forms of documentation that are sufficient to verify your emplyment and income. Good luck.

[nadsa 1]

It shouldn't be a problem, first of all because people that work in there do not grant visas in a local way of thinking, meaning when I go to Juarez the person conducting the interview is not going to be thinking as a mexican, he or she will be thinking; is this person safe for US?, does she/he meet the requirements? and now that US approved the new law that means that for them same-sex marriage is as honest and has the same rights as an heterosexual couple.

So good luck with this new journey, is tiring but so worth it at the end

[SV350z 3]

Thank you all! I am going to specifically mention my intent to goto Massachusetts and also mention where and how I have planned this.

Thank you all for the input, I am very worried about the embassy here but you all have cleared that up - as long as they will treat us with some dignity that will be fine. I just want the same opportunity to atleast apply that everyone else has.

@Harpa Timesh - I heard 6 to 7 months, the embassy here is slow but I have a few hetero couples who are friends and have had about 6-8 months for the full process. I am in no hurry though, thankfully I am able to live over here with my other-half until the process gets done, I hope that helps us that I live with him most of the year, have a business with him in El Salvador and have held temporary residency in his country - hoping that helps to show our relationship is legit, because it's been a lot of work and battle to make this possible.

[NYCruiser 423]

Hello, I note there was no more postings on this topic.

I do have some more information for same sex couples regarding the embassy interview but basically you are treated the same was as a hetero couple with one exception. In countries where gay marriage is illegal or hostile, the consular officer meets in a private room with your fiance. Reason being is people around could hear the interview Q and A. It is an American person doing the interview.

I am not sure what is on the confirmation page for the DS-160 Print out which is usually collected by a local secretary etc with the passport and maybe given a number. Anyone can help?

PS: If you are still applying, YES either New York/MA or the entire NorthEast (except NJ and PA) have marriage.

[zuluweta 250]

Hello, I note there was no more postings on this topic.

I do have some more information for same sex couples regarding the embassy interview but basically you are treated the same was as a hetero couple with one exception. In countries where gay marriage is illegal or hostile, the consular officer meets in a private room with your fiance. Reason being is people around could hear the interview Q and A. It is an American person doing the interview.

I am not sure what is on the confirmation page for the DS-160 Print out which is usually collected by a local secretary etc with the passport and maybe given a number. Anyone can help?

PS: If you are still applying, YES either New York/MA or the entire NorthEast (except NJ and PA) have marriage.

Actually, both NJ and PA have same-sex marriage now.