K-1 Gay Couple

[NYCruiser 423]

3 hours ago, swalker said:

We are a same sex couple and our process was very easy. Is there something specific about that you wanted to know?

We are a same -sex couple too. We went the route of the K1. However, with the country he is from, we were concerned about refusal (we met a total of 7 times together....not really sure why we were worried but the whole process with VJ and this god-sent site, we were doing this through an attorney). if we were refused the K1, we arranged to then get married in South Africa. The company handling the marriage would have got everything, then I would have returned to file the CR-1 and wait over a year. 

 

In your case, you would return together to South Korea and file a DCF (if there is one?). One thing, have you filed your IS Taxes every year? Once, if you get married, and are in South Korea waiting for approval you file taxes together.

[HOORAY7 165]

15 hours ago, eeis77 said:

1) Does anyone have experience with applying for a K-1 visa as a gay couple?

 

2) We (the U.S. citizen and the foreign citizen) both live outside the U.S. for now, so is it possible to start the process from our country of residence and then move the U.S. together?

 

 

Yes, my fiancé and I are doing the K1 visa, our package is at USCIS since 2 May, 165 days as of today.  Anxiously waiting for our number to be called. I believe you can start it while you are outside the states, I wouldn't see any reason why you couldn't. Are you military?  Good to see some "family" here on VJ.  

[Unlockable 7,314]

12 hours ago, NuestraUnion said:

DCF is offered for every country.

 

5 hours ago, dwheels76 said:

No DCF is not offered for all countries. Very few actually. And not available for K1 filers.

OH WOW!!!

 

I can't believe I wrote it like that. I had every intention to write "DCF is NOT offered in every country". I was doing chores all day and just now saw this error in my post. 

 

Trust me, as a longtime member of this forum I know DCF is not everywhere. This was a huge typo. Thanks for the correction!

[Orangesapples 1,954]

South Korea is a VWP country, so your boyfriend can easily enter the US. You can get married in the US, then go back and file DCF. This looks like the best and fastest way for him to get a green card. 

[JoJoJoJo 170]

20 hours ago, eeis77 said:

1) Does anyone have experience with applying for a K-1 visa as a gay couple?

 

2) We (the U.S. citizen and the foreign citizen) both live outside the U.S. for now, so is it possible to start the process from our country of residence and then move the U.S. together?

 

 

1) Yes

2) Yes. We just did it last month.

 

Establishing domicile was not required for K-1, unless the rule has changed last month as we just returned back to the US. We specifically chose K-1 because the domicile is required for CR/IR1 and not K-1.

 

[JoJoJoJo 170]

19 hours ago, eeis77 said:

I'm not sure what you mean. We are both living in South Korea now. We would like to apply for K-1 from within Korea and then go to the U.S. together. If getting married in Iceland is the better option, then we may do that. In any case, we don't want to separate. We are looking for a way to apply for his visa and get approved so that we can go together. Did you have to separate for legal visa purposes or just for personal business?  Was it legally possible for you guys to enter the States together?

Using the K-1 process, we did not have to separate at all. Returned the US together less than a month ago.

[JoJoJoJo 170]

8 minutes ago, JoJoJoJo said:

1) Yes

2) Yes. We just did it last month.

 

Establishing domicile was not required for K-1, unless the rule has changed last month as we just returned back to the US. We specifically chose K-1 because the domicile is required for CR/IR1 and not K-1.

 

Also, I just wanted to add, while the domicile requirement is not in the K-1 process(*note), some consulates might not follow this. Maybe I am wrong, but I heard that the consulate in Montreal requires domicile.

 

I think a safe strategy is to read the their website https://kr.usembassy.gov/visas/immigrant-visas/fiancee-visa/ and ask the consulate about anything unclear by calling or emailing them.

 

(*note)

For your reference, please see https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

and contrast the contents above with https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html

in terms of domicile.

 

[J&B 52]

OP, my fiance and I are currently both living in South Korea, are a gay couple and have just sent off our K1 packet. We got the NOA1 and now the long wait starts. We would have to prove his intent to reestablish domicile at the consular interview stage. As people said a bit further up in this thread, it is possible for you to do the DCF or go the K1 route, and not be separated regardless which route you choose it just depends on when you want to move back to the states? My fiance and I are moving back in August 2018. Thus we have left ourselves a healthy amount of time to get everything done and get our ducks in a row so that we do not have to spend time apart. All of this might seem confusing, but just keep reading and researching and it will all start to become a little less confusing. Also, the more information you provide about your specific circumstances the more specific answers you will get. 

 

Good luck.       

[eeis77 0]

On 10/16/2017 at 9:40 AM, J&B said:

OP, my fiance and I are currently both living in South Korea, are a gay couple and have just sent off our K1 packet. We got the NOA1 and now the long wait starts. We would have to prove his intent to reestablish domicile at the consular interview stage. As people said a bit further up in this thread, it is possible for you to do the DCF or go the K1 route, and not be separated regardless which route you choose it just depends on when you want to move back to the states? My fiance and I are moving back in August 2018. Thus we have left ourselves a healthy amount of time to get everything done and get our ducks in a row so that we do not have to spend time apart. All of this might seem confusing, but just keep reading and researching and it will all start to become a little less confusing. Also, the more information you provide about your specific circumstances the more specific answers you will get. 

 

Good luck.       

Thank you so much for your reply. We are not sure exactly which city we want to move back to yet. Obviously it would be good to decide that first, but is it required? Do we have to make that decision before we start anything?

[JoJoJoJo 170]

4 hours ago, eeis77 said:

Thank you so much for your reply. We are not sure exactly which city we want to move back to yet. Obviously it would be good to decide that first, but is it required? Do we have to make that decision before we start anything?

In the I-129F, there is the question on Page 7:

Street Address in the United States Where Your Beneficiary Intends to Live

So it is required but it is only the address you intend to live and not a place you must live once you put that address there.

 

PS, we only put the city name there without street address and it was all right.

 

 

 

[J&B 52]

On 10/21/2017 at 6:47 PM, eeis77 said:

Thank you so much for your reply. We are not sure exactly which city we want to move back to yet. Obviously it would be good to decide that first, but is it required? Do we have to make that decision before we start anything?

@JoJoJoJo said he did it without specifying an exact address so you will probably be fine. I would start making plans to get set up in the States as best you can now already. I think the more plans you make the better your chances at the interview stage.  

Edited October 23, 2017 by J&B

[eeis77 0]

On 10/15/2017 at 7:12 AM, HOORAY7 said:

Yes, my fiancé and I are doing the K1 visa, our package is at USCIS since 2 May, 165 days as of today.  Anxiously waiting for our number to be called. I believe you can start it while you are outside the states, I wouldn't see any reason why you couldn't. Are you military?  Good to see some "family" here on VJ.  

Sorry for the time lag between responding. How are you now? Did you get approved?