"Married" in a same-sex ceremony but not recognized by PI GVT - ok to go through with K1 (split topic)

[ltxbuilder 1]

I just came across this thread and am a bit shocked. Hoping I can get some advice. I'm a US Citizen in a same-sex relationship with a Filipino. We participated in a mass same-sex wedding. However, gay marriage is not recognized legally in the Philippines. So I thought we would be eligible for K1 visa path, legally marry in US, then apply for adjustment of status. What is the best direction to take?

 

We haven't filed anything yet, so any advice on which direction to go is greatly appreciated

[milimelo 4,539]

~Thread split into its own topic~

 

VJ Moderation

[KULtoATL 1,551]

If you want to go with the K-1 path, then probably best not to mention about the mass same sex wedding or show any photos or documents about it. This is to avoid any potential misinterpretation or delay. Because truly, even if you know or think that the Philippines government does not recognize what you and your partner has participated in, the officer might consider it otherwise i.e. that you are officially married. 

[ltxbuilder 1]

8 hours ago, milimelo said:

~Thread split into its own topic~

 

VJ Moderation

Thank God for this site. Is there a forum thread or link to example formats for presenting evidence of relationship? For instance, we have lots more photos together, we know the dates. Can we simply just put the dates on them? What's a good number to use?

 

From some of the threads I have read, on the I-129F the part asking to explain how you met is not supposed to be too detailed. Some people attach a full page explanation. Others just fill in a few brief lines which fit on the form. 

 

Thank you once again. 

[KULtoATL 1,551]

Photo evidence... I just stick a bunch of 2R sized photos of us on each sheet of paper. Under each photo I wrote the location and date. If family and friends are in the photos, I'd indicate as such. I'm not sure what's a good number but we put a lot 

 

On I-129F's Question 34a... We chose to follow what some of the veteran VJers suggested i.e. state dates and destinations for each real life meeting and keep it to the point since the preceding question was asking about meeting in person.

 

However, some members also include how they met in the first place. If you met online, think and think again before mentioning that upfront in the papers because it may or may not result in RFE. It's your choice of course

 

[Villanelle 4,122]

Where were you married? 

From my understanding IF you were married somewhere where the marriage was allowed then you are legally married. It doesnt matter if the PI dont recognize it. The US does and will (as long as it was legal when it was done). So you can not get a K visa, you have to do the CR spouse visa. 

I did a quick google search to see if there was maybe something Im not aware of and honestly I didnt find anything that said you can not get the spouse visa in the PI as a same sex couple (but I didnt look that hard!) I did find a link for an attny that stated the same as I said- if you were legally married somewhere its valid then its a valid marriage for US immigration- even in PI. (google-  spousal visa lgbt philippines) 

[ltxbuilder 1]

6 minutes ago, Damara said:

Where were you married? 

From my understanding IF you were married somewhere where the marriage was allowed then you are legally married. It doesnt matter if the PI dont recognize it. The US does and will (as long as it was legal when it was done). So you can not get a K visa, you have to do the CR spouse visa. 

I did a quick google search to see if there was maybe something Im not aware of and honestly I didnt find anything that said you can not get the spouse visa in the PI as a same sex couple (but I didnt look that hard!) I did find a link for an attny that stated the same as I said- if you were legally married somewhere its valid then its a valid marriage for US immigration- even in PI. (google-  spousal visa lgbt philippines) 

Its not legal in the Philippines. There will be no legal standing for our marriage until we marry in a country that has legalized same-sex marriage. There is no state recognized certification of marriage for us. This I am sure about. 

[Cyberfx1024 7,980]

1 hour ago, Damara said:

Where were you married? 

From my understanding IF you were married somewhere where the marriage was allowed then you are legally married. It doesnt matter if the PI dont recognize it. The US does and will (as long as it was legal when it was done). So you can not get a K visa, you have to do the CR spouse visa. 

I did a quick google search to see if there was maybe something Im not aware of and honestly I didnt find anything that said you can not get the spouse visa in the PI as a same sex couple (but I didnt look that hard!) I did find a link for an attny that stated the same as I said- if you were legally married somewhere its valid then its a valid marriage for US immigration- even in PI. (google-  spousal visa lgbt philippines) 

While in the philippines they would need to get a CEMAR or Certificate of Marriage and they would not be able to do that. They would try and get it but they would only be able to get CENOMAR the Certificate of No Marriage. It's kinda like a catch 22 and it sucks, but I think the K1 visa would still be appropriate just leave out the pictures of the "marriage" and take them off of your social media pages as well.

[ltxbuilder 1]

Thank you everyone for the advice. I will definitely keep updating my progress. Love this site. Hope I can be of help some day to others following this path 

[snded 6]

4 hours ago, ltxbuilder said:

Its not legal in the Philippines. There will be no legal standing for our marriage until we marry in a country that has legalized same-sex marriage. There is no state recognized certification of marriage for us. This I am sure about. 

Why don't you contact the US Consulate in the Philippines and ask them. Alternatively, you could try to call USCIS within the US (National Customer Service Center 800-375-5283) and try asking them. It seems like the ceremony you underwent was more of a commitment ceremony versus a legal act of marriage. I'm sure you didn't get a certified copy of a marriage certificate afterwards. Why don't you just tell USCIS that it was just a commitment ceremony as it has no legal standing where it was performed. If it has no legal standing where it was performed than it is not recognized as a marriage in the eyes of immigration. Just to let you know, not that it matters, but we are a same-sex couple as well! I honestly never thought I would see this day during my lifetime. I just hope it doesn't get overturned or repealed.

Edited March 13, 2017 by snded

[Dutchster 1,107]

It'd most likely be recognized in the US, therefore you are too married for a K-1 visa.

[zilchfox 296]

If you're "too married for a K1", but "not married enough for a CR1", and if PI doesn't say your marriage was legal and if you're concerned about having issues crossing the border to finalize and legitimize the marriage in the U.S., you can always both go to Canada to get legally married where it's recognized, and then he can sponsor you on a CR1 to the U.S. afterwards.  

[NYCruiser 423]

We are a same sex couple too. If the Philippines do not allow gay marriage (which they dont) you are not married in the eyes of the US Government. I would question the same sex marriage that was held in the Philippines. Was it like they have similar 'weddings' in many parts of Africa where same sex marriage is not valid? If its gay people doing it, there is no formal certificate etc...but to be very honest, I would let the Consulate in the Philippines know about it. Always good to be honest and let them decide. I would hazard a guess that they will say file for a K1. 

[Rc123rc 528]

I think it's a matter of perception. Many times a K-1 has been denied because USCIS thought that a couple were "too married" for a K-1. An example is a Vietnamese engagement party. Not married but "married" enough to be denied. 

[isabooo 27]

29 minutes ago, Dutchster said:

It'd most likely be recognized in the US, therefore you are too married for a K-1 visa.

 

8 minutes ago, rcripps said:

I think it's a matter of perception. Many times a K-1 has been denied because USCIS thought that a couple were "too married" for a K-1. An example is a Vietnamese engagement party. Not married but "married" enough to be denied. 

 

Well when I entered on K1 we then had to marry in a state where same sex marriage was recognized or it would not count. (that was right after DOMA was out, but before gay marriage was nation wide). So we had to marry in California then. I would guess that would be something similar. The marriage in the Philippines would just count as a ceremony, nothing legal.

 

 

Edited March 13, 2017 by isabooo