Same Sex Visa, Fiance or Spouse ?

[notusinganymore 31]

Ok. OP stop lying. Right off the bat confess and tell them you lied on the last 3 times you aplied for tourist visas. That should get things rolling and i do acknowledge again that it will be the right thing to do.

Good luck OP! Still I would suggest you say it appropriately and cohesively.

[Cam54 84]

doesn't seem very constructive to at the OP for lying, the fact that they are same sex means they had hurdles that the opposite sex couples didn't so cut them some slack. People In love panic and do silly things to stay together

[NikLR 13,231]

No, not everyone does "silly things" like lie to government employees, but in this case they've lied and need legal counsel. No matter who they are, it is the way it is.

[Ryan H 3,819]

From the VJ Terms of Service:

Permitted Uses. You agree that you are responsible for any Content and communications that you Post and for any consequences thereof. You agree to use the Service (including but not limited to the discussion forums) only to send and receive messages, material, and in general Content that is in conformity with or permitted by law (legal), proper and if part of the discussion forums then also related to the particular subject matter. By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method

Any additional posts that encourage anyone to lie to Immigration officials (to include statements such as 'sticking to your story in a cohesive manner') will result in Administrative Action. Whatever your concept of the truth is, your concept is superseded by the TOS that I have noted above. Furthermore, when you became a member of VJ, you agreed to abide by the TOS.

Edited February 16, 2014 by Ryan H

[TBoneTX 45,850]

Post below has been edited by VJ Moderation to delete a reference to a removed post. Acceptable portion is returned here:

Whatever you do do not add more lies if they (they"ll probably) ask you about your past tourists visa denials. Just tell them the truth you were a same sex couple and things were not as clear and straightforward as they are today for same sex couples so you and your partner told those lies just to have the opportunity to visit the U.S. together (or for whatever reasons your intended visits were for).

Many people here have posted about telling to the truth when asked questions and the CO usually appreciate that way better than someone who lies to them yet again under oath. Do not risk a ban by adding more lies.

[lynndy38 64]

Cut them some slack people, they didn't have many choices before DOMA was booted out. Its alot easier for the heterosexual couples to say you should never have lied. I would think about getting advice from an immigration attorney, maybe they can advise you. I'd hope that when you apply this time around as a same sex couple they'd at least have a little understanding of why you lied in the past…..but this is a government agency that you're dealing with so logic may not apply!!!! Good luck :-)

[Erica & L 52]

With the goverment, being honest is always the best policy, but I don't really see how everyone repeating this to the OP over and over again is going to change the situation. I'm sure they are aware they should not have lied, but like lynndy38 said, it's a lot easier to pass judgement in the moment than it probably was for OP to make that tough decision just for him and his partner to be able to stay together in the same country. I personally probably wouldn't have been thinking logically and more desperately if I had been in the situation too and was facing separation from my wife.

All you can do from here is be honest about the situation, no more lies or bending the truth. Do the process all by the book. Good luck!

[NikLR 13,231]

With the goverment, being honest is always the best policy, but I don't really see how everyone repeating this to the OP over and over again is going to change the situation. I'm sure they are aware they should not have lied, but like lynndy38 said, it's a lot easier to pass judgement in the moment than it probably was for OP to make that tough decision just for him and his partner to be able to stay together in the same country. I personally probably wouldn't have been thinking logically and more desperately if I had been in the situation too and was facing separation from my wife.

All you can do from here is be honest about the situation, no more lies or bending the truth. Do the process all by the book. Good luck!

I think some people are misunderstanding. I, and others, are not continuing to point out to the OP their faults; I did it once, and it's over. I am arguing with the person who was telling the OP to continue to make the same mistakes. Yes, life is different now without DOMA. It is easier on same sex couples than it was obviously. But being hard on a couple, does not mean it's okay either. This is not an issue easily solved.

Best of luck to the OP. I hope you can find the help you need to get through this process to be with your loved one.

[rollyvaldez01 0]

Thanks to everyone who replied on my post, if we only knew DOMA would be booted out in 2013 we would have never filed for tourist visas ...

[NikLR 13,231]

Thanks to everyone who replied on my post, if we only knew DOMA would be booted out in 2013 we would have never filed for tourist visas ...

Yeah, it's sad that it took so long for something to make life equal for everyone.

Best of luck to you!

[zuluweta 250]

Thanks to everyone who replied on my post, if we only knew DOMA would be booted out in 2013 we would have never filed for tourist visas ...

You should consider a competent immigration lawyer, someone that specializes in same-sex immigration to the USA. They might have ideas on how to overcome your previous visa denials.

[TSOU_ONE 0]

@rollyvaldez01,

Masliah-Soloway is the same-sex law office, they have offices in New York and California. They fight for same-sex marriage before DOMA. They also sponsor the www.domaproject.org website.

I think they can help you with your situation. Be honest with them, they will help you. Remember, you shall only speak to the lawyer, nobody else.

http://www.masliah-soloway.com/

Good Luck! Be patient, your union day will come.

J

[Filipinas50 1]

We are pleased to inform everyone here which have replied that the CR-1 same sex spouse visa application has been approved and was issued already after just a little over 3 months from the filing date (04/16/15) at the USCIS until the interview (07/21/15) at the (NVC) US Embassy here in Manila, we are set to fly out in September already ... By the way, the consular officer did not even bother to question the past 3 tourist visa denials and was very friendly and respectful to us and informed us right away at the end of the interview at the window that my husband was approved ... Thanks to everyone for their response and comments even though some were arrogant and was discouraging ...

Edited July 23, 2015 by Filipinas50

[Cam54 84]

Congratulations!!! I am so happy for you! I also had a previous visa denial prior to applying for fiancé visa and it didn't come up as an issue either. I in no way judge you for lying in the past considering the limited options you had to stay together. Now you get to enjoy a life together

[Sukie 1,464]

Hi everybody, hope you guys can help us with our problems with my Visa.

My partner is a US citizen. Were planning to apply for a Fiance Visa but there is a big problem.We applied for tourist visa in 2010 and we told them that I met him in friendster and he is my friend Which is true we didnt tell them that he is my BF becoz I'm afraid they might deny the application if I told them but I was denied anyway even if we didn't told the consulate .

1. We applied again in 2012 for a Transit Visa becoz were going to visit Peru, we told them I am his personal assistant and he hired me at Jobstreet.com which was not true, I was denied again.

2. 2013 we apply tourist visa again we told them I am still his employee as a personal assistant. He was with me during the interview at the embassy. Still I was denied.

Now that DOMA is gone we are so happy, but because of my record previously were afraid about the result. Maybe they will block me becoz we lied to them about our relationship. We have all the documents to prove that we have relationship since we met in 2008, 6 years now were together and we have emails of our first conversations sinced 2008 and we have pictures of us together in different Countries in Asia and Europe, We have lived together for 6 years now .

Do you think if we get married in New Zealand first then petition me as a spouse we can go to United States? Or do you think they will consider me in fiance visa here and get approved then we can go to US to get married. In my opinion I think they will not believe me becoz I lied to them..If we knew that someday that an american citizen could petition their same sex partner, my record would have been CLEAN.

Is there anything other members here could share to us, any ideas what we can do? Thanks ...

OK - so now you know you are in deep doo-doo - everyone here has told you so.

But...to answer your question with my OWN opinion (I'm in a same-sex marriage)...

I think you should get married and go the CR-1 route. The US folk know that for us same-sex couples, being together has been nearly impossible until laws changed. When your US citizen applies for the I-130, and you tell your story, you should be upfront about the struggles you have been through to be together over the years - including the fact that, in your desperation, you tried every trick in the book to be able to be together.

Being upfront about what has gone before may work, or because of your former shenanigans it may not work. But showing that your relationship is real, has been long lasting, and that you have really, really tried to stay together might count for something.

Good luck. And, I would contact Masliah & Soloway (LA and NY) - a law firm that specializes in same-sex immigration. They were our attorneys.

Sukie in NY