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DelmondoLove

K1 Visa for Same-Sex couple; One who lives in a country that does not allow same-sex marriage

By DelmondoLove in K-1 Fiance(e) Visa Process & Procedures

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DelmondoLove Contributor

DelmondoLove   0

Posted
Filed: K-1 Visa Timeline
Posted

I am a U.S Citizen applying for a K1 visa through I129F petition. It was submitted in July 2013. We have received our NOA 1 and an update stating my same-sex fiance has been given an alien registration number. We were wondering that since she lives in Morocco, a country that does not allow same-sex marriage, if this will impact or affect our application at all. Please help?

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Ninahi Explorer

Ninahi   53

Posted
Filed: Citizen (apr) Country: Finland
 Timeline
Posted

It should not matter as long as you are able to marry in your state.

Finland also lacks same-sex marriage, and I googled this furiously when the DOMA fell, and as far as I know it should have no affect on your application as long as you live in a state that has legalized same-sex marriage.

Met: June 2004

Face-to-Face 1st time: June 2010

I moved to the US: August 2015

Spoiler

K-1

07/19/14 Sent I-129F

07/29/14 NOA1 (According to USCIS Status Check)

08/06/14 NOA1 Hardcopy 

08/22/14 Officially engaged with a ring, haha!

10/30/14 NOA2

12/01/14 Packet 3

01/19/15 Physical Exam

03/09/15 Interview & Approved

LAX 08/09/15 POE

 

Spoiler

 

AOS

09/07/2015 Married 

10/16/15 AOS/EAD/AP sent

11/17/15 Biometrics

01/08/2016 EAD/AP received 

07/05/16 SR: "USCIS anticipates delay"

One year anniversary from application...

 10/21/16 EAD/AP renewal

11/03/16 SR: no response. Congresswoman SR 10/27/16, Application is in Florida (!?)

 11/18/16 walk-in 11/09/16 EAD Biometrics

11/10/16 RFE: Expired I-693 Medical exam and vaccinations (day 391)

11/17/16 RFE response: (1-day priority with signature, delivered but signature waived)

Tier 2 SR: 12/21/16´-- "Case pending decision" (Los Angeles Office should not have responded, file is not with them)

01/13/2017 Infopass:  -- "You probably have nothing to worry about. Your case is in Arizona. Previous SR wrongly responded, new SR to the right office."

01/17/17 InfoPass SR: -- "Pending. We expect decision or other notice in 45 days." Congresswoman's office confirms RFE response has been received.

01/27/17  GC Approved (amid Tr$mp EO chaos)

02/03/17 Card in hand (445 days, non-complicated case (no previous visas, no overstay, no divorces, not high fraud country, no co-sponsor. Just unlucky.))

 

 

ROC

01/07/19 Sent I-751

01/11/19 Text notification for case received with receipt #

03/26/19 Received NOA/GC 18-month Extension letter

05/03/19 Biometrics

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DelmondoLove Contributor

DelmondoLove   0

Posted
Filed: K-1 Visa Timeline
  • Author
Posted

I live in North CArolina, a state that does not. but in terms of DOMA, they said that as long as we intend to marry in a state that recognizes same-sex marriage within 90 days of my fiance's arrival, it would be legal.

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Ninahi Explorer

Ninahi   53

Posted
Filed: Citizen (apr) Country: Finland
 Timeline
Posted

In terms of the visa application, then, it should be perfectly irrelevant.

In terms of where you choose to live and what rights and obligations you will have will then depend on the state you live in.

In any case, your application should not face any trouble because of differing legislation in her country of origin, so you're good to go. Best of luck! :)

Met: June 2004

Face-to-Face 1st time: June 2010

I moved to the US: August 2015

Spoiler

K-1

07/19/14 Sent I-129F

07/29/14 NOA1 (According to USCIS Status Check)

08/06/14 NOA1 Hardcopy 

08/22/14 Officially engaged with a ring, haha!

10/30/14 NOA2

12/01/14 Packet 3

01/19/15 Physical Exam

03/09/15 Interview & Approved

LAX 08/09/15 POE

 

Spoiler

 

AOS

09/07/2015 Married 

10/16/15 AOS/EAD/AP sent

11/17/15 Biometrics

01/08/2016 EAD/AP received 

07/05/16 SR: "USCIS anticipates delay"

One year anniversary from application...

 10/21/16 EAD/AP renewal

11/03/16 SR: no response. Congresswoman SR 10/27/16, Application is in Florida (!?)

 11/18/16 walk-in 11/09/16 EAD Biometrics

11/10/16 RFE: Expired I-693 Medical exam and vaccinations (day 391)

11/17/16 RFE response: (1-day priority with signature, delivered but signature waived)

Tier 2 SR: 12/21/16´-- "Case pending decision" (Los Angeles Office should not have responded, file is not with them)

01/13/2017 Infopass:  -- "You probably have nothing to worry about. Your case is in Arizona. Previous SR wrongly responded, new SR to the right office."

01/17/17 InfoPass SR: -- "Pending. We expect decision or other notice in 45 days." Congresswoman's office confirms RFE response has been received.

01/27/17  GC Approved (amid Tr$mp EO chaos)

02/03/17 Card in hand (445 days, non-complicated case (no previous visas, no overstay, no divorces, not high fraud country, no co-sponsor. Just unlucky.))

 

 

ROC

01/07/19 Sent I-751

01/11/19 Text notification for case received with receipt #

03/26/19 Received NOA/GC 18-month Extension letter

05/03/19 Biometrics

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

The K-1 is actually designed for people who can't marry in a foreign country. A lot of marriages allowed in the US are not allowed in other countries, and I am not even referring to SS marriages, but things like interfaith marriages are banned in certain places. Even if a marriage is allowed it often takes months to do it so it is prohibitive to USCs who need to travel to marry.

So the K-1 is perfect for this situation. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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