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mzindelo

Please help -- Bi National Same Sex marriage advice

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

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mzindelo Newbie

mzindelo   0

Posted
Filed: IR-1/CR-1 Visa Country: South Korea
 Timeline
Posted (edited)

Dear friends,

 

I need some clarity, please.  My best friend's husband is living in Ghana and he in the USA.  They are in a same sex marriage.  They married in S Africa two months ago after a several year engagement (the US Citizen would go there often to spend time).They are  trying to petition the Ghanian spouse.  The marriage was in S. Africa, a country where SS marriage is legal. They both traveled to S. Africa, and then  returned to our respective countries. He is back in Ghana, where Same Sex Marriage is not legal.

 

Can someone please tell me:

Does it matter that he is a citizen and living in a country that does not honor same sex marriages?

Can the US Citizen still petition for immigration?

 

To be honest, theywere told by RapidVisa, that they couldn't petition I-130 because Ghana doesn't recognize our marriage and the US Embassy must honor the customs and traditions of the country they are in, respective to marriage..

 

I'm really needing some advice.

Edited by mzindelo
geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Agreed with above. You will interview and deal with the US embassy, which does recognize same sex marriages. As long as it was legal in the country where it occurred, it's the same as any other marriage.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   46,359

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Bigger issue is Ghana, whatever the gender combination.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

EG&XY Enthusiast

EG&XY   144

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

Correct, they don't care as long as the marriage was conducted in a county where it is legal. There are cases where you can have issues if the marriage is not recognized as legal in the state within the US where the beneficiary is intending to settle, but thanks to the supreme court, that is no longer an issue for same sex marriage (this is usually more of an issue for couples that are closely related such as cousins).

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)

 

 
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