Same-Sex K-1 Application

[Coogah 10]

Well since this process is so new I thought I'd start a thread and try to update it as much as I can for other same-sex US citizens/couples with significant others overseas. Also if there are any questions I can answer, I would greatly welcome them as it's a complicated process made more complicated by the uncertainty of additional materials/factors needed for a same sex application.

Brief background: I met my boyfriend, who is Korean, in New Orleans when he was here doing an internship in the States. We started hanging out and eventually became pretty close and started a relationship. I moved to South Korea to live with him last year but money became an issue and now we're trying get married in the States.

I sent our petition late March and it was received March 20, 2014. Notice date is March 24 and I received the e-notification on March 25th.

Now just waiting...impatiently!

[ricnally 258]

what additional materials/factors?

[SparklePony 238]

It might be more helpful to you if you join the on-going discussion on same-sex I-129F's.

[ricnally 258]

Looking at this thread and the one linked above, I'd like to say that while I'm sincerely overjoyed that same-sex couples finally have equal rights and fair play on this issue, the very existence of these threads, singling yourselves out as going through a different K1 experience than others here, seems like a step backwards. We are all in the same boat here. Grab an oar.

[KayDeeCee 4,893]

Besides the one linked above, there is also this long, ongoing thread already > http://www.visajourney.com/forums/topic/441524-binational-same-sex-couples-show-up/

Do a search here on VJ and you find quite a few other posts about same sex couples filing.

Not really sure what extra materials you need. You follow the same guide as everyone else for a K-1. The only thing different I can think of is that you should specify which state you will marry in that allows SSM, if you do not reside in a state that allows it.

[Jwen 4]

Ricnally

I totally agree with you.

while I can appreciate the pointers as they is one significant diff with same/hetero with same having to show their intent to marry in a state that recognizes same sex and the law supporting this in that state.

While others might also scoff at this i think its important as some ppl might overlook very necessary clause for the marriage to be legal

[Coogah 10]

When I first started out I was looking for information specific to being in a same-sex relationship with a Korean. If you've ever been to different countries, you'll quickly find out that gay rights haven't advanced as far as in the United States. For example: when my fiance told his father about our relationship, he could not comprehend it. His father just thinks we are really, really close friends... And that's all. I tried to look for information relating to someone who might have started a K-1 or other immigration filing for a same-sex Korean. And I didn't, so I created this thread.

My fiance is scared about going to the US embassy in Korea because he thinks he will be treated the same as any other institution in Korea. He claims he can be fired from work for merely being gay if the wrong person catches wind of it. I think his trip to the embassy won't be as frightening as this, but he still has his concerns.

While I would love to grab an oar and start paddling, there are other factors that I've heard of that doesn't make this a copy and paste scenario for same-sex applications. I've heard of some people getting a RFE to prove that the state they are getting married in recognizes same-sex marriage and is legal. I've heard of some people taking the first step and sending this information in right away with their application packet.

Honestly, I haven't read the most recent posts in the threads that were linked before I posted, but like I stated before, I tried to mention multiple times that my fiance is Korean in order to help people going through the same process with a Korean s/o to be able to find information specific to them. Maybe it is unnecessary, but I thought it would be nice for people that are in the same situation and are very familiar with the mindset and culture of Korea to come together.

[KayDeeCee 4,893]

Yes as I mentioned, you should specify the state you will marry in and that SSM is legal there, if you do not reside in a state where it is legal. This is not just for SS couples though. Cousin marriages must also prove they will wed in a state where it is legal to do so. All the forms and processes are the same though.

If you are wanting this to be a thread specific to interviewing in Korea, then I am going to move this post to the appropriate forum for that.

~ Moved from K-1 Process to Asia:East and Pacific regional forum - OP's topic specific to Korea ~

[Coogah 10]

Okay, thanks for the move. Didn't realize there were region specific boards as well.

Good news, btw! We received our NOA2 on Saturday! It was only 36 days from our NOA1. Seems like the CSC is on fire recently. Now on to preparing for the interview! Can't wait for this to be over and back together again.