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ryuryutofu

K-3 and IR1 Visa for same-sex marriage

By ryuryutofu in IR-1 / CR-1 Spouse Visa Process & Procedures

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ryuryutofu Newbie

ryuryutofu   0

Posted
Filed: IR-1/CR-1 Visa Country: Hong Kong
 Timeline
Posted

I am a US citizen and my spouse is a Hong Kong citizen.

We were married in New Zealand last year because we cant have same marriage in Hong Kong.

I want to apply a CR-1 visa for my spouse.

The problem is that we both live in Hong Kong.

Will the interview take place in New Zealand or where we are living now?

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B&Z Community Regular

B&Z   201

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted

It will take place in Hong Kong. It's not possible to interview in New Zealand unless the beneficiary has citizenship or residency in New Zealand.

Don't worry, the US accepts same-sex marriage and your marriage was valid in the place where you married. Same-sex marriage being illegal in Hong Kong will not cause a visa denial at the US consulate.

My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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  • 2 months later...
ryuryutofu Newbie

ryuryutofu   0

Posted
Filed: IR-1/CR-1 Visa Country: Hong Kong
 Timeline
  • Author
Posted (edited)

I am a dual citizen of USA and Hong Kong, and my spouse is a citizen of Hong Kong.

I and my spouse were married in New Zealand because we are not allowed to have same-sex marriage in Hong Kong.

According to the US Visas website "a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place."

Does that mean we have to travel back to New Zealand to apply for a K-3 Visa? What about IR1 visa?

Edited by ryuryutofu
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Penguin_ie Grand Master

Penguin_ie   5,986

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

It can take place anywhere the beneficiary is legally resident.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Ryan H Grand Master

Ryan H   3,791

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

***Duplicate threads merged; do not start multiple threads on the same subject.***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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