K1visa 15 year age difference same-sex from African country

[Van jones 11]

Hello everyone. So my fiance has a interview for k1 visa coming the end of August. We have been knowing each other for about 3 years and we became an official couple about 2 years ago. I have visited him in his country a total of 5 times and we have spent over 13 months together face to face in that time. We have several pics, hotel and flight itinerary and visa stamps from each visit. We even took a 4 day trip to ghana together in June but unfortunately my fiance lost his phn so we lost all the pics and only have a pic of us on the plane together plus flight and hotel itinerary and passport stamps and also covid testing authorization to traval from Sierra leone. I am currently in his country even now since the end of march and i do plan on being in sierra leone when he has his interview. Im 15 years older then him and im a transgender woman. He lives in sierra leone a west African country which is why we are doing k1 and not the marriage visa and i didnt think a marriage between us would be recognized. He does have a 2 year old son that im petitioning him also on k2. The son was conceived before we met and my fiance has been caring for the child since he was 3 months old. I have known the bby since he was about 6 months old and have become attached to him as if he is my own child. We have several pics with all of us including my fiance's family members as proof of relationship. We normally talk on whats app when im in America but we dont have many chat logs because for the most part we call each other instead of chatting. I know we are possibly fighting an uphill battle or maybe not but im just looking for input from others. Of course one can know our chances of getting approved but pls give me ur truthful thoughts on it. Also i we lived in a small guess house on my last two trips staying there for over a year about 5 months on each trips and the owners wife is from America and we have became friends with her and she said that she would write a letter on our behalf about her knowledge of us being in a bona-fide relationship. Does it look like we have a chance of getting approved? 

[SalishSea 18,122]

16 minutes ago, Van jones said:

Hello everyone. So my fiance has a interview for k1 visa coming the end of August. We have been knowing each other for about 3 years and we became an official couple about 2 years ago. I have visited him in his country a total of 5 times and we have spent over 13 months together face to face in that time. We have several pics, hotel and flight itinerary and visa stamps from each visit. We even took a 4 day trip to ghana together in June but unfortunately my fiance lost his phn so we lost all the pics and only have a pic of us on the plane together plus flight and hotel itinerary and passport stamps and also covid testing authorization to traval from Sierra leone. I am currently in his country even now since the end of march and i do plan on being in sierra leone when he has his interview. Im 15 years older then him and im a transgender woman. He lives in sierra leone a west African country which is why we are doing k1 and not the marriage visa and i didnt think a marriage between us would be recognized. He does have a 2 year old son that im petitioning him also on k2. The son was conceived before we met and my fiance has been caring for the child since he was 3 months old. I have known the bby since he was about 6 months old and have become attached to him as if he is my own child. We have several pics with all of us including my fiance's family members as proof of relationship. We normally talk on whats app when im in America but we dont have many chat logs because for the most part we call each other instead of chatting. I know we are possibly fighting an uphill battle or maybe not but im just looking for input from others. Of course one can know our chances of getting approved but pls give me ur truthful thoughts on it. Also i we lived in a small guess house on my last two trips staying there for over a year about 5 months on each trips and the owners wife is from America and we have became friends with her and she said that she would write a letter on our behalf about her knowledge of us being in a bona-fide relationship. Does it look like we have a chance of getting approved? 

You have more face-to-face visit time than most K1 couples.

 

As far as the baby, your fiancé  may need to get official custodial paperwork from the courts if he doesn’t have that, as well as permission from the birth mom for him to immigrate.

 

Nothing else you mentioned will be an issue, regardless of the local laws where the consulate is.   Same sex marriage has been legal here in the US for many years, and same sex K visa couples are approved in conservative countries all the time.

 

Good luck!

[Pinkrlion 2,724]

You don't mention your fiscal ability to sponsor.

[Van jones 11]

28 minutes ago, Pinkrlion said:

You don't mention your fiscal ability to sponsor.

Yes i do help him and the bby with finances. I have worked as a travel nurse for 5 years. Which allows me to take time off once im done with a contract, and with covid cases all over the country  i try to take rest when needed. Contract are normally for three months. I do plan on traveling back to US and taking a contract in September.

[JeanneAdil 6,614]

Same sex marriage is legal in TN since June 2015

you have enough time together

you need to know the 15 year age difference is the hurdle to overcome for Mena countries

Income is a factor so check out the poverty guidelines and filing US tax returns

and understand you will need to provide a health care plan for him and his son and its not cheap

get the court order that allows him full custody of the child and says he can move child out of the country

just get a rental notice from the US woman showing u lived all this time in Sierra Leone

affidavits of the relationship have little value as (when not made in US they can not be enforced legally in our states)

AOS after marriage here is costly $1225 for EAD,  AP, and AOS combined

He will not be able to travel outside the US till the AP is done

and can not work till the EAD card is produced 

many suffer homesickness when thrown into this type of self containment of not with family and friends and not able to work and find new ones

best to all 3 of u

Edited August 7, 2021 by JeanneAdil

[SalishSea 18,122]

4 minutes ago, JeanneAdil said:

Same sex marriage is legal in TN since June 2015

you have enough time together

you need to know the 15 year age difference is the hurdle to overcome for Mena countries

Income is a factor so check out the poverty guidelines

and understand you will need to provide a health care plan for him and his son and its not cheap

get the court order that allows him full custody of the child and says he can move child out of the country

just get a rental notice from the US woman showing u lived all this time in Sierra Leone

affidavits of the relationship have little value as (when not made in US they can not be enforced legally in our states)

 

Same sex marriage is legal in all 50 states.    
 

Sierra Leone is not a MENA country.

[Van jones 11]

56 minutes ago, Jorgedig said:

You have more face-to-face visit time than most K1 couples.

 

As far as the baby, your fiancé  may need to get official custodial paperwork from the courts if he doesn’t have that, as well as permission from the birth mom for him to immigrate.

 

Nothing else you mentioned will be an issue, regardless of the local laws where the consulate is.   Same sex marriage has been legal here in the US for many years, and same sex K visa couples are approved in conservative countries all the time.

 

Good luck!

Thanks for u reply. Yes we do have a notarized statement with signature from the childs mother drawn up by the children's welfare office giving my fiance permission to travel with the child. I have heard a lot of stories about k1 visas  being harder to get in African countries. Most couples opt to go with marriage visa because of this. But in our case i dont think its possible for marriage visa. On our how we met statement, i didn't disclose that i am transgender but i assumed that with my birth certificate being male and passport photo being female, that was submitted to uscis that they would figure it out. I also let my fiance know that he may have to explain that fact to them during the interview. Thats if they have not caught on to it. 

[Pinkrlion 2,724]

15 minutes ago, Van jones said:

Yes i do help him and the bby with finances. I have worked as a travel nurse for 5 years. Which allows me to take time off once im done with a contract, and with covid cases all over the country  i try to take rest when needed. Contract are normally for three months. I do plan on traveling back to US and taking a contract in September.

Your financial ability to sponsor fiance and child have more weight than bonafide evidence.  Be prepared with W-2's, 1099, and tax transcripts for the past 3 years.  They may also request check stubs.  

[Van jones 11]

8 minutes ago, JeanneAdil said:

Same sex marriage is legal in TN since June 2015

you have enough time together

you need to know the 15 year age difference is the hurdle to overcome for Mena countries

Income is a factor so check out the poverty guidelines and filing US tax returns

and understand you will need to provide a health care plan for him and his son and its not cheap

get the court order that allows him full custody of the child and says he can move child out of the country

just get a rental notice from the US woman showing u lived all this time in Sierra Leone

affidavits of the relationship have little value as (when not made in US they can not be enforced legally in our states)

AOS after marriage here is costly $1225 for EAD,  AP, and AOS combined

He will not be able to travel outside the US till the AP is done

and can not work till the EAD card is produced 

many suffer homesickness when thrown into this type of self containment of not with family and friends and not able to work and find new ones

best to all 3 of u

Thanx for ur reply. I have all my tax documents and he is aware that he will not be able to work for some time. We have notarized letter from children's welfare that was signed by the other parent giving permission to travel with the childs father. They dont have a family court system in his country. Im prepared for the aos also.

[SalishSea 18,122]

2 minutes ago, Van jones said:

Thanks for u reply. Yes we do have a notarized statement with signature from the childs mother drawn up by the children's welfare office giving my fiance permission to travel with the child. I have heard a lot of stories about k1 visas  being harder to get in African countries. Most couples opt to go with marriage visa because of this. But in our case i dont think its possible for marriage visa. On our how we met statement, i didn't disclose that i am transgender but i assumed that with my birth certificate being male and passport photo being female, that was submitted to uscis that they would figure it out. I also let my fiance know that he may have to explain that fact to them during the interview. Thats if they have not caught on to it. 

You don’t have to disclose anything about your gender- because how is it even relevant for the “how we met”?   
 

In some US states, you can change the assigned-at-birth gender on legal documents, such as birth certificates and drivers licenses.   

 

Some couples who cannot have a legal marriage in the intending immigrant’s country have met in a third country to get married.   Of course that is subject to visas, covid, and other red tape.

2 minutes ago, Pinkrlion said:

Your financial ability to sponsor fiance and child have more weight than bonafide evidence.  Be prepared with W-2's, 1099, and tax transcripts for the past 3 years.  They may also request check stubs.  

Travel RNs in the United States make well over the FPL.

[Van jones 11]

1 minute ago, Pinkrlion said:

Your financial ability to sponsor fiance and child have more weight than bonafide evidence.  Be prepared with W-2's, 1099, and tax transcripts for the past 3 years.  They may also request check stubs.  

The embassy sent me an email saying to bring last two years of tax returns with affidavit of support. I have them already.

[Van jones 11]

2 minutes ago, Jorgedig said:

You don’t have to disclose anything about your gender- because how is it even relevant for the “how we met”?   
 

In some US states, you can change the assigned-at-birth gender on legal documents, such as birth certificates and drivers licenses.   

 

Some couples who cannot have a legal marriage in the intending immigrant’s country have met in a third country to get married.   Of course that is subject to visas, covid, and other red tape.

Travel RNs in the United States make well over the FPL.

Yes but my birthday state of tn doesn't allow change of gender on birth certificate. And he is very limited with a Sierra leone passport with traveling to gay friendly countries. We thought about South Africa but yelp with covid restriction not really something we wanted to do and just decided to continue with the k1

[SalishSea 18,122]

Just now, Van jones said:

Yes but my birthday state of tn doesn't allow change of gender on birth certificate. And he is very limited with a Sierra leone passport with traveling to gay friendly countries. We thought about South Africa but yelp with covid restriction not really something we wanted to do and just decided to continue with the k1

That makes sense.    The consular officer interviewing your fiancé will be American, and the case will be adjudicated through that perspective, which is that same sex marriage is entirely legal.   
 

Maybe you mentioned this already, but will you be there for the interview? 

[Van jones 11]

1 minute ago, Jorgedig said:

That makes sense.    The consular officer interviewing your fiancé will be American, and the case will be adjudicated through that perspective, which is that same sex marriage is entirely legal.   
 

Maybe you mentioned this already, but will you be there for the interview? 

I will be in sierra leone for the interview. We sent email asking if i could attend but they have not replied yet.

[JeanneAdil 6,614]

20 minutes ago, Jorgedig said:

Same sex marriage is legal in all 50 states.    
 

Sierra Leone is not a MENA country.

my mistake -sorry

and TN was long time to accept same sex marriage / it is still hard to do in  some countys here as the court clerk fights giving a marriage license /we've had court cases on this