K1 Same sex Fiance Visa (homophobic family)

[Natelopez 5]

Dear VisaJourney Members,

I seriously need your help guys to inquire about my case concerning my same sex K1 Fiancee visa, I would like to get advices help if Possible.

 

We applied for K1 visa in November 28th to California service center and we asked for expedition because my family that doesn't accept homosexuality started to get doubt about my engagement ring that my fiance gave me and I've been hiding ever since. Somehow they found in my luggage, I could be reported to the police and I can face three years of imprisonment as the Tunisian government doesn't respect minority(LGBT) , even slight doubt could make me face jail so easily.

 

In case of avoiding further complication, I would like to know if my family that doesn't approve neither my homosexuality nor my engagement  would cause me DENIAL of the expedition During USCIS or the visa process at the local embassy in my country.

 

I'm looking forward to hearing from You all. Please reply to my post I need help.

 

Yours faithfully Same sex beneficiary member,

 

Nabil.

[Ben&Zian 4,397]

I don't think thst would qualify for expedite honestly. Sorry to say. USCIS does not really care about family issues....

 

As to issues at the embassy, it's hard to say. I assume in Tunisia, like a lot of African countries, that family approval  is a huge cultural thing, and not having your family approval could cause issues as it "out of the norm" for your country; but that being said, with you being a same sex couple, the embassy might also be very understanding of your situation and understand why you wouldn't have family approval... It is hard to say exactly how the embassy will view this to me honestly.

Edited February 6, 2017 by Ben&Zian

[Natelopez 5]

I seriously feel like the world is turning against me I love my husband with all.my heart and I will never allow anything to make me lose him..

 

Should I contact a lawyer for this case ?! 

[Ben&Zian 4,397]

Not much a lawyer would, or could do really in this type of case as they have no power over another countries laws or what the embassy decides. I assume also Tunisia, like a lot of African countries, is not the easiest embassy to go through. The petition itself, the I-129F, will not be denied at USCIS because of this because they only care that you both met the requirements to file, meeting within two years and both free to marry.

 

The embassy is different, as they view the validity of your relationship and also can take into account cultural norms. That being said, again with you being a same sex couple, as we are too, they may be understanding as to why you don't have family approval; but if family approval is a very big factor there in your country it may be looked at negatively... it is hard to say again. I haven't personally read about any other same sex couples from Tunisia here on VJ. In the Philippines, having family approval is not necessarily a big factor or any factor at all as my partner did not even tell his family anything.... each country is totally unique really as to how the embassy views the cases.

 

All you can do really is make sure you and your partner have a lot of evidence to show a strong relationship. Like other African countries, it usually helps to have 2-3 visits in person, this shows really good proof of bonafide relationship.

 

Also, same applies to hetero couples, always reference your fiance as your fiance or fiancee, not husband/wife. Just commenting on that.

 

 

Edited February 6, 2017 by Ben&Zian

[Boiler 43,397]

If they were going to expeditie they would have done by now.

 

I agree, lots of face time etc, not all families are onside with relationships.

[Ben&Zian 4,397]

Agreed with Boiler, an expedite would have already happened; but being at 3 months lets say, the expedite was not approved.

 

to the OP, don't take any of this negatively, all you can do at this point is continue on as you are right now. Gather all the relationship evidence you can and be prepared when it comes time for the interview. You can only control what you can control at this point.

Edited February 6, 2017 by Ben&Zian

[Natelopez 5]

Yes my fiance will attend my interview..he won't let me go alone in my homophobic country.He insisted to come and attend my interview and right now he's working super hard to save up to collect in our bank assets to show that we have enough money (he already attends 2 times more than the poverty line requirement) 

 

My family could never accept homosexuality at all. No matter what you tell them or show them we are mentally and biologocially and they can take me to jail for it or force me to join the military and religious school for it and the country is supportive to it.I've witnessed many stories here for the conversion therapy.

 

Seriously, my husband is my world I don't care about my biological family..he's the only family that K have 

[Ben&Zian 4,397]

As long as he is above the poverty line financially he is fine. Assets in the bank are just seen as "extra",  really unless they are being used to bypass or make up for the lack of current income.

 

Long as he makes enough, he is fine. 

 

All you can do again is be prepared for the interview.

 

If you ever need other information also feel free to message me here. 

Edited February 6, 2017 by Ben&Zian

[AK_2014 113]

23 minutes ago, Natelopez said:

Yes my fiance will attend my interview..

 

Seriously, my husband is my world I don't care about my biological family..he's the only family that K have 

It was already pointed out above, but confusing terminology is still being used.

     fiancé = not married yet. Eligible for K-1 visa.

     husband = already married. Not eligible for K-1 visa.

 

If you are not married yet, never use the word husband, or immigration might think you're already married and deny the K-1 immediately.

 

Best of luck to you two!!!

[Sandra G. 5,009]

if you say the word "husband" when attending the interview you are screwed there!!!!! He is not your husband, as far I know you are coming to the U.S with K1 visa.

[Natelopez 5]

Of course I will only use my fiancé but I'm always calling him my husband, I know politically that's the terminology of a marriage contract but I enjoy calling him my husband that's why I keep using but of course during the interview my fiance until we get married I would call him my husband..

 

Thank you all for your advices.

[BethyWink 96]

I can not give any visa advice, as I think it really is a, "all you can do is wait".  But remember the visa interview is at an American embassy, where it is legal to be homosexual!  You will be safe there!   Best of luck, and I hope you can be with your loved one and partner ASAP!   I am so sorry about your family, and I am so sorry you have to hide who you are.  I can only hope that once you get here, you have the ability to finally be yourself and love yourself as much as your fiance loves you!  

[Tcarrol 54]

Your family approval is not necessary.  Follow the process.  People at the American Embassy are quite understanding about same sex K1 applications and will treat both of you with respect.  Once you are in the US, you will feel safer.

[Sukie 1,439]

If you really want to consult a lawyer, please contact www.masliah-soloway.com  This law firm specializes in same-sex couple visa issues.

 

We used this firm, as we applied for our CR-1 the day after DOMA was ruled unconstitutional. This is also the firm that helped many other same-sex couples gain visas.

 

Sukie in NY

[Jing&Kuting 137]

Hi, 

 

I've been hiding for many years before I came out. It's not as complicated I'm sure since my parents eventually gave in after many years of not accepting my sexual preference. But my only advice I guess is to be diligent in your stories and things that you leave or things that they can check or see like your phone until such time that you are in the soil of the USA. 

Follow the process. As long as you have enough proof about your relationship everything is going to be fine. 

 

Waiting is a talent <3

 

Kuting