K-1 Gay Couple

[eeis77 0]

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?

 

 

Edited October 14, 2017 by eeis77

[KULtoATL 1,551]

On question 2, the US petitioner must be domiciled in the US in order to petition someone

[eeis77 0]

The petitioner must prove domicile to sponsor to get the green card, I know, but we have no intention of moving back to Korea after marriage. 

 

Can't we get him in on a K-1, get married, then prove domicile by me getting a job/house/etc. in order to apply for the green card?

[bakphx1 785]

I think the process you want is Direct Consular Filing, but may be for married couples only. If SSM isn't available where you live, Iceland is a good option.  My husband and I got married there as it allows you to file everything ahead of time with no waiting period once you are there and both can be noncitizens of Iceland. Other countries with SSM have the same restrictions as any marriage, often one party must be a citizen and/or both parties must present in person to file 10-30 days in advance of the ceremony.   It may not be the answer you wanted, but may be most in line with what you can do right now. 

Edited October 14, 2017 by bakphx1@aol.com
Autocorrect error noted

[eeis77 0]

3 minutes ago, bakphx1@aol.com said:

I think the process you want is Direct Consular Filing, but may be for married couples only. If SSM isn't available where you live, Iceland is a good option.  My husband and I got married there as it allows you to file everything ahead of time with no waiting period once you are there and both can be noncitizens of Iceland. Other countries with SSM have the same restrictions as any marriage, often one party must be a citizen and/or both parties must present in person to file 10-30 days in advance of the ceremony.   It may not be the answer you wanted, but may be most indulgent line with what you can do right now. 

So does that mean that you were able to enter the U.S. together and did not have to separate?

[bakphx1 785]

2 minutes ago, eeis77 said:

So does that mean that you were able to enter the U.S. together and did not have to separate?

We had to separate.  My husband still has to finish up at home with things so I returned to the US.  He comes in December. 

 

I'm not sure how soon you plan to return.  If you are going to be living abroad for a while, he can get his visa in the meantime and hopefully have it in hand when you return.  If your plans are immediate, it won't help much. But if you're staying there for the foreseeable future, then it could be seamless. 

 

 

 

[eeis77 0]

6 minutes ago, bakphx1@aol.com said:

We had to separate.  My husband still has to finish up at home with things so I returned to the US.  He comes in December. 

 

I'm not sure how soon you plan to return.  If you are going to be living abroad for a while, he can get his visa in the meantime and hopefully have it in hand when you return.  If your plans are immediate, it won't help much. But if you're staying there for the foreseeable future, then it could be seamless. 

 

 

 

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?

[bakphx1 785]

Just now, 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?

We would have had to separate regardless.  The marriage itself doesn't mean anything visa-wise.  It's just a basis to begin the process.  If you're not planning to return to the states right away, you can do the DCF and finish the process and return together.  If you are planning to come home very soon there's not a quick process.  You'd be better off coming here and filing a K1 if time is the most important thing. 

[eeis77 0]

3 hours ago, bakphx1@aol.com said:

We would have had to separate regardless.  The marriage itself doesn't mean anything visa-wise.  It's just a basis to begin the process.  If you're not planning to return to the states right away, you can do the DCF and finish the process and return together.  If you are planning to come home very soon there's not a quick process.  You'd be better off coming here and filing a K1 if time is the most important thing. 

You had to separate regardless?  Then how would it be different for us?  Why didn't you try to do the DCF if it's possible?  

[Unlockable 7,306]

DCF is offered for every country.

[bakphx1 785]

4 hours ago, eeis77 said:

You had to separate regardless?  Then how would it be different for us?  Why didn't you try to do the DCF if it's possible?  

I was living in the US the whole time, so I couldn't. 

[swalker 137]

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

[mallafri76 1,012]

Reestablishing domicile isn’t as difficult as it sounds, it just means you must show a connection to the US and a willingness to move back before or at the same time as your fiance. 

 

You must meet the financial requirements to sponsor your fiancé. So if you don’t have a salary in the US, you must find a joint sponsor in the US that meets the financial requirements for their household size. 

 

Considering the instability we’re currently living with in the US, I’d hurry up with the process if I were you. I would get married and file for DCF. Then you can live together in South Korea during the process. But remember, you need to have someone in the US as a joint sponsor.

 

[dwheels76 5,459]

7 hours ago, NuestraUnion said:

DCF is offered for every country.

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

[dwheels76 5,459]

12 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?

 

 

Here's a list of things to compile to re-establish or establish Domicile. You don't have to leave your fiance'. You can stay together until Visa in hand and come back together. Just get your ducks in a row.

 

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________