Same-sex K-1 filing

[jlc201 47]

The  reason why the consulate may  be a little more lenient on a same-sex couple is that when reviewing a marriage-based visa, they  are considering whether the couple has a valid relationship consistent with local cultural norms for that kind of partnership. So, for heterosexual couples, they will often expect to see evidence of family support of the relationship through photos of the couple with both sides of the family, at the wedding (if married), etc. For a same-sex couple, local cultural norms may include concealing the relationship from one or both families, so the consulate would not expect to see the same kind of proof. That's not the case in your partnership (congrats), so the point is moot here,  but may be relevant to others. In terms of personal experience,  when my  husband and I had our interview in Lima there was an adorable female couple interviewing at the same time. The CO did not bat an eye  at either of us and both were approved with no problem.

[NDB052714 122]

Hi! 

 

Same sex couple here. Noom is from Thailand. We had no issues at all getting K1 approved. So long as you meet the K1 visa documented requirements to demonstrate a legitimate relationship you will be fine. Good luck! 

 

--David & Noom

[PepeTheParrot 4]

Another same sex couple here. K1 visa was approved without issues.

 

The application is sort of a package and the supporting evidence is there to backup your story... as long as it makes it credible then you’re fine.

 

e.g. We lived together for years before my husband Returned to the US because of a job offer. Our K1 application has no photos because  we had evidence we had lived together (apartment lease, tax returns, pay slips), evidence we had traveled together ( tickets and boarding passes), evidence I had visited him in the US, etc.

 

You have to prove you have met and that the relationship is credible. if you have met recently then you need to show how you’re doing what new couples do... that’s when you need photos.

[afrocraft 314]

21 hours ago, Cyberfx1024 said:

Some of the basics that hetero couples need like pictures with family are not really needed or if the family knows of the relationship at all are two big things that they are more lenient on for same sex couples 

There is no "leniency" for same-gender couples. There is also no requirement whatsoever that you show pics with family for any couple. You just have to show that your relationship is legit given the context you live in. So an opposite-gender couple who eloped to get married cannot reasonably be expected to show pics with family.

[Boiler 45,922]

The VJ experience suggests there is, I have seen cases approved which I thought would be an issue, no scientific way of proving it either way.

[afrocraft 314]

17 minutes ago, Boiler said:

The VJ experience suggests there is, I have seen cases approved which I thought would be an issue, no scientific way of proving it either way.

SMH. If there is no way of proving, why do you suggest there is differential treatment?

[Boiler 45,922]

Different standard of proof.

[Cyberfx1024 7,980]

1 hour ago, afrocraft said:

There is no "leniency" for same-gender couples. There is also no requirement whatsoever that you show pics with family for any couple. You just have to show that your relationship is legit given the context you live in. So an opposite-gender couple who eloped to get married cannot reasonably be expected to show pics with family.

Actually there is especially in countries or regions where same sex marriages are very much against the cultural norm. 

[afrocraft 314]

Just now, Cyberfx1024 said:

Actually there is especially in countries or regions where same sex marriages are very much against the cultural norm. 

That's not leniency. You're just taking into account their inability to provide certain discretionary documents because of their circumstances.

[Cyberfx1024 7,980]

4 minutes ago, afrocraft said:

That's not leniency. You're just taking into account their inability to provide certain discretionary documents because of their circumstances.

Which is leniency because if it were hetero couple they would have been denied but because they are same sex couple it is ok. Why are you intent on trying to disagree with everyone today?

[afrocraft 314]

On 10/5/2019 at 3:07 PM, Cyberfx1024 said:

Which is leniency because if it were hetero couple they would have been denied but because they are same sex couple it is ok. Why are you intent on trying to disagree with everyone today?

Drop the personal attack. I disagree with you because you're factually wrong.

 

Leniency would be a reduction in the standard of review or the burden of required documentation. There is no requirement for any applicant, straight or gay, to produce family pics. None whatsoever. The standard of review for all applications is a totality of the circumstances, so a reviewer considers the applicant's total context to decide the likelihood that they have a bona fide relationship.