SS couple living together in the UK

[kawibear 1]

Hello,

I have been browsing VJ for hours and have not been able to find anyone's situation such as mine so I have decided to post a new thread.

I am a male born and raised in Hawaii. My partner is a male born and raised in Scotland, UK.

We met in 2009 and moved to New Zealand to be together in 2010. While in NZ we entered into a Civil Union at the end of 2010. Our Civil Union granted me immigration rights to settle in the UK so we moved here in 2011 and have been here ever since.

Since DOMA was ruled unconstitutional we have decided to start a new life in the US, however our Civil Union does not grant him immigration rights so we have decided to apply for a Fiance Visa to get married in Seattle (which is also where we want to live).

Of all the posts I have read, they are generally about bi-national couples where one of them is currently living in the US which is different than my situation. One specific question I have is regarding question 28.a on the i-129F form: Address in the United States where your fiance(e) intends to live. Since we both live in Scotland, what would we put in this box?

A more general question I have regarding the K1 Visa is about Evidence of Financial Support. We are both unemployed at the moment but have accumulated a bit over US $50,000 in savings. Does being unemployed affect our application and is our savings substantial enough to outweigh the unemployment issue?

A final question I have is regarding proof of our relationship. Seeing as how we've lived together for 3.5 years (nearly 3 years of which were as Civil Partners) do we still need to provide e-mails, photos and phone records etc. from our first meeting in 2009?

For what it's worth, I have contacted 3 different immigration attorneys (2 in Hawaii and 1 in NYC) and none have responded in over 2 weeks so I'm doing independent research at the moment.

Thank you in advance for your assistance! We've already gained incredibly valuable information just by previous posters

[Nich-Nick 3,354]

An option to look at before you decide on fiancé route is Direct Consular Filing (DCF) for a spouse because you qualify based on residing in the UK. Much quicker, cheaper, and a better visa because it gives your spouse a greencard the day he enters the US. (well not the actual card, but a temp stamp until the card is mailed.) Full privileges from Day 1 to work, get a driver license, travel internationally.

This a a very good thread laying it out. http://www.visajourney.com/forums/topic/443127-dcf-london-i-130-for-ir1cr1-spouse-guide/

You would have to travel to a state or country that allows you to marry and get married. Yes, you can do that on VWP. You don't need a special visa to get married in the US. Go marry then return to Scotland with a valid marriage license and carry on with the DCF filing.

Your fiancé questions--

A more general question I have regarding the K1 Visa is about Evidence of Financial Support. We are both unemployed at the moment but have accumulated a bit over US $50,000 in savings. Does being unemployed affect our application and is our savings substantial enough to outweigh the unemployment issue?

You can qualify on assets. London would think $50k is enough. Positive.

(For a spouse visa there are stricter rules and you would need 3 times in assets what the required year's salary level is . That's just under $20k/year so around $$60k in assets. Do you have a house or flat to sell? Or you can get a joint-sponsor...somebody in the US with a job who will agree to sponsor.)

One specific question I have is regarding question 28.a on the i-129F form: Address in the United States where your fiance(e) intends to live. Since we both live in Scotland, what would we put in this box?

Undecided at this time....Unknown address in Seattle, WA.....anything like that.

A final question I have is regarding proof of our relationship. Seeing as how we've lived together for 3.5 years (nearly 3 years of which were as Civil Partners) do we still need to provide e-mails, photos and phone records etc. from our first meeting in 2009?

Absolutely not. That is a bunch of fluff nobody needs. Some photos are nice, but for a fiancé they want to know you have met in person, are free to marry, intend to marry, and one is a US citizen. It ought to be easy to prove you have met in person since you live together and you have documentation showing same address and permission to live in the UK. Edited October 3, 2013 by Nich-Nick

[kawibear 1]

Thank you Nich-Nick! I appreciate your time

[kawibear 1]

Rightio, another question to ask if I may...

Part 3 of the i-139F says:

• 1. If you are serving overseas in the Armed Forces of the United States, please answer the following:

• 2. Have you ever been convincted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the following crimes:

Specifically, I am unsure if question 2 also pertains only to those in the military. I am not, nor have I ever been in the military. Does this mean I can leave the entire Part 3 blank?

Edited October 4, 2013 by kawibear

[Nich-Nick 3,354]

Rightio, another question to ask if I may...

Part 3 of the i-139F says:

• 1. If you are serving overseas in the Armed Forces of the United States, please answer the following:

• 2. Have you ever been convincted by a court of law (civil or criminal) or court martialed by a military tribunal for any of the following crimes:

Specifically, I am unsure if question 2 also pertains only to those in the military. I am not, nor have I ever been in the military. Does this mean I can leave the entire Part 3 blank?

1a-h. Is military

2 a-c is separate wanting to know if you ever, anywhere, in anyway have committed a crime. That used to be a very common RFE (meaning they send your form back and say answer the question).

Thought of something I forgot to mention to you before...

There is a recent post I read about SS couples need to include a statement of where they intend to marry (what state) and maybe a copy of the statute from that state that says SS marriages are legal. Did you read that?

[kawibear 1]

Thank you for your reply.

No I have not read that but have incorporated that into the letters of intent to marry. Thankfully, Washington has Marriage Equality.

I will research that further. Thank you for the heads up!!

I sincerely appreciate your help.

[Nich-Nick 3,354]

Thank you for your reply.

No I have not read that but have incorporated that into the letters of intent to marry. Thankfully, Washington has Marriage Equality.

I will research that further. Thank you for the heads up!!

I sincerely appreciate your help.

Here's the thread. http://www.visajourney.com/forums/topic/457520-avoid-unnecessary-rfes-same-sex-marriage-i-129f-petitions/

[kawibear 1]

Thank you very much once again... I have been reading through the thread and am grateful that we can learn from others' experiences.

I have a final question regarding part 3 of i-129F in regards to question 4. Indicate which waiver applies.

this is our first application, no convictions at all. is this a section that can also be skipped?

The closest thing that would apply in our situation would be to tick

• Not Applicable; beneficiary is my spouse.

however, we're just a little apprehensive about answering it incorrectly or unnecesarily especially if it may result in RFE or complicate our application.

[kawibear 1]

I have just found a link to examples of forms filled out and this form shows that question as skipped... so I will follow their lead

[kawibear 1]

this is the link I am referring to in the above post...

very helpful!

http://www.visajourney.com/content/examples

[jan22 3,043]

An option to look at before you decide on fiancé route is Direct Consular Filing (DCF) for a spouse because you qualify based on residing in the UK. Much quicker, cheaper, and a better visa because it gives your spouse a greencard the day he enters the US. (well not the actual card, but a temp stamp until the card is mailed.) Full privileges from Day 1 to work, get a driver license, travel internationally.

This a a very good thread laying it out. http://www.visajourney.com/forums/topic/443127-dcf-london-i-130-for-ir1cr1-spouse-guide/

You would have to travel to a state or country that allows you to marry and get married. Yes, you can do that on VWP. You don't need a special visa to get married in the US. Go marry then return to Scotland with a valid marriage license and carry on with the DCF filing.

Your fiancé questions--

You can qualify on assets. London would think $50k is enough. Positive.

(For a spouse visa there are stricter rules and you would need 3 times in assets what the required year's salary level is . That's just under $20k/year so around $$60k in assets. Do you have a house or flat to sell? Or you can get a joint-sponsor...somebody in the US with a job who will agree to sponsor.)

Undecided at this time....Unknown address in Seattle, WA.....anything like that.

Absolutely not. That is a bunch of fluff nobody needs. Some photos are nice, but for a fiancé they want to know you have met in person, are free to marry, intend to marry, and one is a US citizen. It ought to be easy to prove you have met in person since you live together and you have documentation showing same address and permission to live in the UK.

But it's not a spousal visa -- it's a fiancé visa. That has to be filed in the U.S.; it cannot be filed overseas.

[Nich-Nick 3,354]

But it's not a spousal visa -- it's a fiancé visa. That has to be filed in the U.S.; it cannot be filed overseas.

A fiancé visa is filed at the Dallas Lockbox. Correct. But what is wrong with the post you quoted? I don't understand. It discusses the option to have a better, cheaper spousal visa in 3 months instead of a fiancé visa in 7-9 months plus a 5 or more month wait for a greencard,