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| Malaysia |  Review on March 2, 2017: |
Kirk&Kean
Rating:  | Review Topic: K1 Visa
Just for historical notation, we are a same-sex couple applying in a Muslim country. I am the petitioner.
We were instructed to arrive at the embassy 15 min prior to our 10:15 am appointment time. We arrived at 9:50 am. To our surprise and delight, there was no line at the security entrance. My partner took the lead and spoke to the staff, with me standing behind him. The officer outside the guardhouse politely greeted us and asked if we were together. When the guard inside the guardhouse approached the window, he asked our purpose, Kean, my partner, said that we there to have a K-1 Visa interview. Without hesitation or a change in his affect, the guard looked at me and asked if I were the petitioner. This made me realize the guard knew what the K-1 visa type was, a fiance visa. I said yes. Again, no reaction, no hesitation, no smiling, he made no reaction to this information. He reviewed our appointment letter. He collected our phone. He directed us where how to enter the building, and as we were walking away he said, "Good luck guys." It was the moment my stress left me.
The guard inside had us go thru the metal detector, he was polite and professional. Two young women at the entrance to the interview hall reviewed our appointment letter, gave us a ticket number and it was then that I realized there was absolutely no one in line. There was a man at one window and a family in the enclosed interview window and a man in the seats. We stood in line until 10:07 am.
We were called to window 3. The staffer helping us was a woman of Indian heritage. During this process, the best I can say about her attitude is that she was professional. I could not ask for any more than that. She did not smile. She did not use "please" or "thank you". I stood there as Kean supplied here with the documents she requested and I wondered if this woman was bothered having to process a same-sex couple's paper. She gave no indication that it did. She just did not seem content. No issue came of this exchange except for my hope that she was not the one interviewing us.
As instructed, we sat down in one of the many available chairs and it was 10:15 am, our appointment time. At 10:19 am, we were called to window 5. This was an open air window, we were not directed to a more private enclosed window. The woman who was of Chinese descent asked Kean's name and then said, "May I know who this person is?" I replied that I was the petitioner. She stated, "Very good." Kean took the oath, I honestly thought she told both of us to raise our hands when I did she told me I was not to take the oath. Kean swore and the interview began.
Her first question was, "Tell me your story, how did not meet?" Every question she asked during the interview was a question we had discussed. There were no surprises. Kean was nervous but very positive in attitude and answers. The interviewer directed some questions towards me. She was pleasant, polite, and professional. She smiled and laugh with us during this process. She showed no indication that our being a same-sex couple was an issue for here personally or professionally.
I had expected the following areas to be of concern for the interviewer regarding our case:
1. Income
2. Domicile
I had no expectation that the following would be of concern:
1. Documenting an Established Relationship
2. Proving Intent to Marry
Income:
My only income is as an English tutor. I was concerned this may not have produced enough income this year to meet the guidelines. However, our interview was prior to the tax filing date of April 15, so, as instructed by the instructions provided by the government, I submitted my 2015 tax records which reflect income prior to my retirement. I also supplied full documentation of my assets. The asset well surpasses the financial support requirements. I also had tax returns for 2014 and 2013. These were handed back to us at the first window, along with my bank statement, and was not reviewed. Again, this was my top area of concern.
Domicile:
I have been out of the US for 20 months. I am staying in Asia on tourist visas. Malaysia is my home base. I stay 8-10 weeks and then I leave the country for 1-4 weeks touring other countries and then I return to Malaysia. To prove I continue to have my domicile in the US, I provided copies of my passport, AZ driver license, SS card and birth certificate. I provided a copy of the rental agreement my sister and I have entered into showing I will be renting from her. I provided a copy of my nursing license renewal receipt from Feb of this year.
Documenting an Established Relationship:
When I am in Malaysia I live with my fiance. This has been so for the 18 months I have been out of the US. To establish our relationship, we provided 35 pages of Facebook screenshots that documented our meeting [four years ago the exact date of this interview], Kean singing with his Christian church group at Christmas, our two-week 'post engagement vacation' to Perth, our 'pre-honeymoon' three-week vacation to France, a post about the power going out at the condo, our engagement announcement, and our wedding Facebook page. We also had prepared but was given back to us at the first counter, Whatsapp conversations that documented a misunderstanding and or conversation to clear that misunderstanding up. This was returned to us at the first window and not reviewed.
Intent to Marry
We had written statements expressing our intent to marry. Kean was required to sign a form at the first window expressing this as well. We had Facebook screen shots as well as copies of my emails to people back home making arrangements for the June 17, 2017, event.
During the interview, we were NOT questioned AT ALL about finances. As this was heavily on my mind towards the end of the interview I realized that having full discussions about the pictures were provided that was heavily vacation oriented listing our travels in Asia, Europe and locally as well as discussing my traveling alone ever 2 months, this established a demonstrated financial viability.
Regarding domicile, we, again, were not questioned about this issue. My documentation must have made the case.
The questioning was all about establishing there is a relationship between us. This included questions on how we met, discussions on our currently living together, and what our wedding plans are. Towards the end of the interview, as we were discussing the wedding, Kean told her about our plan not to have a cake but to have a chocolate truffle tiered tray. She said to us, "Wow, you guys really have the wedding planned." [We had also supplied a copy of the Evite webpage showing our invited guests statuses.]
It was not easy to hear her as I was standing behind Kean and the speaker started crackling. After the wedding cake discussion, she said something. I felt Kean shift his feet. I apologized and asked her to repeat herself and she said, "It is obvious you have an established relationship, congratulations your visa is approved."
Of note, for those who are going to this embassy in the future, please know the interview hall has been updated recently. With this update, they have eliminated the finger print line. Previously you had to go to three windows total. Now there are fingerprinting devices at every station. We wondered if this was part of the reason the lines were nonexistent today.
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Consulate / USCIS Member Review #21460