Avoid unnecessary RFEs! (same sex marriage I-129F petitions)

[rjbntsk 5]

In our situation, both of us live in Australia, which also does not allow same sex marriage, so rather than state of residence, it may be some other factor that triggers the request for a copy of state laws?

[ivanalex1980 34]

Hello every one

does anyone have any idea if to receive RFE means you will get your NOA2 shortly after USCIS receives the requested document?

thanks muuuch

[ArianneChris 6]

Sometimes you receive a reply in about a week, sometimes it can take a month. TSC (around a month) was known to reply to RFEs much slower than CSC (about a week) did about a month ago, I'm not sure how it is now.

[espared12 52]

So my RFE package was picked up by INS EXPRESS today and signed for by M. Salcedo. I was worried because I forgot to waive signature, but it looks like the packages are actually held by USPS until someone picks them up the next morning regardless of waiving signature or not. I hope everyone else that has received an RFE has had an opportunity to promptly send back they paperwork. Now we wait...........

[tropical island 1]

Somebody from Texas, his fiance (same-sex form Indonesia) just got approved his K1 visa interview in the embassy in Jakarta.....What a news....It really gives us hope.....He file somewhere July 10th and today his fiance interview in the embassy and got approved.....It's a lot faster than what I thought before to file K1 visa.....Congratulations guys.....

[Nikkosan 127]

Somebody from Texas, his fiance (same-sex form Indonesia) just got approved his K1 visa interview in the embassy in Jakarta.....What a news....It really gives us hope.....He file somewhere July 10th and today his fiance interview in the embassy and got approved.....It's a lot faster than what I thought before to file K1 visa.....Congratulations guys.....

Would you be so kind to provide us with a link to that thread? Thank you!

[tropical island 1]

I talked to him personally via email since our partners both are from Indonesia, but you can check this thread it had his timeline http://www.visajourney.com/forums/topic/441524-binational-same-sex-couples-show-up/page-13#entry6573137 and you can also check this http://www.visajourney.com/forums/topic/407801-the-first-gay-k-1-fiance-visa-progress-with-doma-repeal-on-the-horizon-tim-keno/page-9

Edited October 10, 2013 by tropical island

[Nikkosan 127]

I talked to him personally via email since our partners both are from Indonesia, but you can check this thread it had his timeline http://www.visajourney.com/forums/topic/441524-binational-same-sex-couples-show-up/page-13#entry6573137 and you can also check this http://www.visajourney.com/forums/topic/407801-the-first-gay-k-1-fiance-visa-progress-with-doma-repeal-on-the-horizon-tim-keno/page-9

Thank YOU!

Yep, I just finished the other thread, but thanks for posting the info here as well!

Definitely really happy for them and ALL of us!!!

[espared12 52]

NOA2!!!!!!!!!!!!!!!!!!!! APPROVED!!!!!!! Just got the text and checked USCIS website, we are approved!!!!!!!!!!!

[Davesings 30]

I think it is discriminatory for them to be asking this. Anyway, we are waiting for NOA2. We said we would be married in New York, but then also did not specifically state that it was legal in New York or provide their laws. Let's hope they are smart enough to realize it is legal in New York! I will be SO annoyed if we get an RFE for that.

[rjbntsk 5]

NOA2!!!!!!!!!!!!!!!!!!!! APPROVED!!!!!!! Just got the text and checked USCIS website, we are approved!!!!!!!!!!!

Congrats!! You have been waiting so patiently and we are excited to see you finally get through!

Now for the agonizing NVC waiting game, haha!

I think it is discriminatory for them to be asking this. Anyway, we are waiting for NOA2. We said we would be married in New York, but then also did not specifically state that it was legal in New York or provide their laws. Let's hope they are smart enough to realize it is legal in New York! I will be SO annoyed if we get an RFE for that.

It is rather odd for them to ask for that. Well, as I said elsewhere, we simply noted we plan to marry in California upon arrival to the US, and didn't get an RFE for not including a copy of state law, so hopefully you should be fine!

[Snowbird80 1]

Hello all - I'm in the process of getting my 129F ready to send out (I'm the USC, my same-sex fiancée is British). In my research, I came across a potential stumbling block / RFE generator for same-sex couples that I think is REALLY important to share. This is ALSO not something you'll find on the USCIS website. If your American fiancée resides in a state where same-sex marriage is either banned or not recognized, OR if you plan on moving to another state in the future where it isn't recognized, please read....

Many states still have on their books a clause in their marriage law which states that a marriage cannot be contracted between two people if either of them live someplace where the marriage would be voided if they tried to marry there.

I live in Florida where same sex marriage is banned. We were looking at marrying in New Hampshire, but then I came across this while reviewing their marriage law. I think it's a holdover from when mixed-race couples living in the south would try to get married in the north (where it was legal) and return home (where it wasn't):

Nonresidents: No marriage shall be contracted

in this state by a party residing and intending to continue

to reside in another jurisdiction if such marriage would

be voided if contracted in such other jurisdiction, and

every marriage contracted in this state in violation hereof

shall be null and void.

If you have any questions contact your local

clerk or this Bureau.

We're going to get married in Connecticut instead now.

Everyone, please carefully read the marriage laws wherever your venue of choice is BEFORE sending out the 1-129 F (or responding to a RFE). I'm not a lawyer, and have no idea how or if a clause like this would be dealt with by the feds now or in the future, but it's probably better to err on the side of caution and save yourself the potential headaches.

[david44271 0]

We stated in our intent to marry letters that we would be married in the District of Columbia, which is also where we plan to live. Just got the e-mail notice of NOA2 on Friday, so I guess that worked!

[equalness 0]

Wow. This makes me nervous. We were married in Denmark (allows same sex marriage) and will hopefully be moving to USA in a state that does not recognize our marriage. Will we be denied our visa? Oh boy.!!!

[Nikkosan 127]

Wow. This makes me nervous. We were married in Denmark (allows same sex marriage) and will hopefully be moving to USA in a state that does not recognize our marriage. Will we be denied our visa? Oh boy.!!!

No, you will NOT be denied.