How would the US citizen being transgender affect a K-1 visa?

[MichiganSucks 1]

Hello! 

 

I'm in a relationship with a foreigner (female from the Philippines) and I was wondering how me being a trans man would affect a possible K-1 visa.

 

I'm pre-op, meaning that I haven't gotten my surgery yet (pre-operation), so I'm still considered female by the government. I know same sex marriage isn't allowed in the PH yet so I'm not sure how that would affect a visa on either side.

 

Would either of us need to file any extra paperwork? I wouldn't mind sharing medical records from my doctors but I'd kind of like to know in advance. I don't know if a potential fiancee would have to file anything extra either, other than obviously knowing that I'm transgender which isn't a problem.

 

Thanks in advance!

[grumpybrit 22]

You need to speak to an immigration attorney. Your situation falls well within the "special handling required" category and I would be surprised if anyone here would be able to give you good advice for such a unique scenario.

 

That being said, good luck with everything and I hope it works out!

[Suss&Camm 2,213]

56 minutes ago, MichiganSucks said:

Hello! 

 

I'm in a relationship with a foreigner (female from the Philippines) and I was wondering how me being a trans man would affect a possible K-1 visa.

 

I'm pre-op, meaning that I haven't gotten my surgery yet (pre-operation), so I'm still considered female by the government. I know same sex marriage isn't allowed in the PH yet so I'm not sure how that would affect a visa on either side.

 

Would either of us need to file any extra paperwork? I wouldn't mind sharing medical records from my doctors but I'd kind of like to know in advance. I don't know if a potential fiancee would have to file anything extra either, other than obviously knowing that I'm transgender which isn't a problem.

 

Thanks in advance!

USCIS don't care about your gender and/or sex since the US recognizes same sex relationships. Your case will be treated exactly the same as any other relationship.

If they come on a fiancé visa they won't be married yet so the fact that PI doesn't recognize a same-sex marriage is moot.

You don't need an attorney for this unless there are other legal immigration  issues also present. 

Edited August 20, 2017 by Suss&Camm

[Ontarkie 13,915]

1 hour ago, grumpybrit said:

You need to speak to an immigration attorney. Your situation falls well within the "special handling required" category and I would be surprised if anyone here would be able to give you good advice for such a unique scenario.

 

That being said, good luck with everything and I hope it works out!

There is no special handling or need for an attorney. 

 

1 hour ago, Suss&Camm said:

USCIS don't care about your gender and/or sex since the US recognizes same sex relationships. Your case will be treated exactly the same as any other relationship.

If they come on a fiancé visa they won't be married yet so the fact that PI doesn't recognize a same-sex marriage is moot.

You don't need an attorney for this unless there are other legal immigration  issues also present. 

This 

[Boiler 43,432]

Do not see any issue.

[MichiganSucks 1]

Thanks, guys. 

 

I was worried about our relationship getting serious enough for marriage and then having any huge obstacles in our way. Wouldn't want to propose and then let her down with bad news!

 

I'm secure in my masculinity enough to have a same-sex marriage even though I don't identify as female, but I wasn't sure if that might be a problem. I've yet to start hormones because my insurance doesn't cover it, so who knows when I might get my sex changed and have my ID, etc. updated with an M.

[kmmthw2014 2]

Hi there,

You no every country is different but the USA allows same sex so I wouldn't even mention transgender because it would just be too complicated and not needed. Good luck to you both! 

[Sukie 1,439]

Your only issue would be that you would have to apply as the person/gender shown on your passport.  The K-1 would be granted for either gender - but you must file the paperwork as the gender/name on whatever ID you use to establish your US Citizenship.

 

Good luck!

 

Sukie in NY

[Cathi 5,610]

15 hours ago, grumpybrit said:

You need to speak to an immigration attorney. Your situation falls well within the "special handling required" category and I would be surprised if anyone here would be able to give you good advice for such a unique scenario.

 

That being said, good luck with everything and I hope it works out!

Wrong.

[f f 725]

the only issue I see is having to update your gender on the g325a when the time comes. which is just bringing an updated copy.

[Dutchster 1,106]

18 hours ago, grumpybrit said:

You need to speak to an immigration attorney. Your situation falls well within the "special handling required" category and I would be surprised if anyone here would be able to give you good advice for such a unique scenario.

 

That being said, good luck with everything and I hope it works out!

Where did you get that information from?

[Going through 5,668]

Good luck with your filing!  No need for a lawyer based on being transgender.  Your K1 case will be handled like any other applicant's.

[Dashinka 23,239]

I agree with the majority of the responses, no real issues requiring a lawyer seem apparent at least relative to being transgendered, or a same sex relationship.

 

@Suss&Cammseemed to sum it up very well with some addditions from @Sukie 

 

Good Luck!

[Dutchster 1,106]

I'm a little baffled someone says this case falls under a certain "special handling required" category. 

[Going through 5,668]

43 minutes ago, Dutchster said:

I'm a little baffled someone says this case falls under a certain "special handling required" category. 

I'm not the person who said it---but perhaps he/she thought that the case was, in their eyes, adjudicated outside of other application scenarios, and just used poor choice of wording.   I don't believe they meant it in any disparaging or offensive way.

 

Either way, the main thing is the OP is reassured that their case will not fall into any sort of "special category" or adjudicated any differently based on gender identification.