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ltxbuilder

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

By ltxbuilder in K-1 Fiance(e) Visa Process & Procedures

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Dutchster Proficient

Dutchster   1,107

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Filed: Citizen (apr) Country: Netherlands
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1 minute ago, isabooo said:

 

 

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.

 

 


People have been denied for K-1 because they had ceremonies, regardless if it's recognized or not. USCIS will consider it as being too married.

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

EG&XY Enthusiast

EG&XY   144

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Filed: IR-1/CR-1 Visa Country: China
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Posted

I agree that you might get by with a K-1, but there is also a chance that if they find out about the ceremony that they will view it as being "too married" for the K-1. As stated by others, the safest option is to go ahead and marry and then do a CR-1 visa. If you decide to go the CR-1 route but your signifiant other can't enter the US then Canada can be a very good option. That is what my husband and I opted to do, although it was for slightly different reasons. He could not enter the US due to a few different complications, one of which was a J-1 visa exclusion where he must spend 2 year back in China (any time outside of China just extends the ending of the 2 year period. Additionally, marriage in China was not an option for us, since China does not recognize same-sex marriage. Therefore, we opted to marry in Canada (only 1 week added to his 2 year period) because it was relatively easy for us to get him a tourist visa for Canada, and I'm a US citizen so I can basically enter with no questions asked.

 

If you are interested in this option I'd be more than happy to share more details about our experience (just send me a private message). Just be careful about which province you choose, they each have their own requirements about waiting periods (some require waiting periods of up to a month), etc. We opted for Vancouver because in British Columbia there is no waiting period. We had our license within about 8 hr from when we landed, and we were married in the snow on top of Mount Washington on Vancouver Island the next day.

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

ltxbuilder Newbie

ltxbuilder   1

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Filed: K-1 Visa Country: Philippines
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Posted

I get where you guys are coming from. But I'm confident if we keep a low profile about our ceremony, the K1 approach is going to work best. I have not seen any evidence of a US / Pinoy gay couple getting denied for being "too married" in a country that is overwhelmingly against gay marriage. However, if bad stuff happens, I'm going to share it here. So others have a more clear idea what to do in this exact situation.

 

Thank you all for your support

  • 4 weeks later...
Naey Rookie

Naey   7

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Filed: Citizen (apr) Country: Germany
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Posted
On 3/14/2017 at 5:03 AM, ltxbuilder said:

I get where you guys are coming from. But I'm confident if we keep a low profile about our ceremony, the K1 approach is going to work best. I have not seen any evidence of a US / Pinoy gay couple getting denied for being "too married" in a country that is overwhelmingly against gay marriage. However, if bad stuff happens, I'm going to share it here. So others have a more clear idea what to do in this exact situation.

 

Thank you all for your support

 

Please do let us know what happens. I'm a newbie in a same-sex relationship too and we're considering a celebration of our love while applying for the K1 before I return home. This would be a German ceremony and gay marriage isn't legal there. In fact the US doesn't recognize the German civil partnership same sex couples have as anything at all. I've been reading a lot on here and genuinely didn't think anything of the ceremony in the least bit. It also seems there are a number of different answers both here and even told to me by a lawyer.

 

good luck on your journey!

Arnel villarreal Explorer

Arnel villarreal   46

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Filed: AOS (pnd) Country: Philippines
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Posted
On 3/12/2017 at 8:44 PM, ltxbuilder said:

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

Same sex couple here, Filipino married to American guy. Wish you luck on your journey 

  • 6 years later...
2hon Apprentice

2hon   10

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Filed: K-1 Visa Country: Japan
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Posted

Hey @Itxbuilder, did you ever find out if you were okay / did you run into any issues? 

 

I'm also gay and have lived in Japan for 9 years, and my fiance and are want to do a local wedding party and ceremony in Japan a few days before the official move to the US. 

 

We thought this wouldn't be an issue because same sex marriage is not legal in Japan. But I am seeing that some people have been denied because they were "too married".

 
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