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Emi&Emi

Same sex couple K1 or lesbian wedding?

By Emi&Emi in K-1 Fiance(e) Visa Process & Procedures

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Emi&Emi Rookie

Emi&Emi   0

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Filed: K-1 Visa Country: Italy
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What is the K1 situation for same sex couples?

We have a lesbian friend who recently got engaged to her girlfriend from Japan. What are their options. If she leaves the country at the moment it seems they can't file for K1. Could they get married in the states (one which allows gay marriage) and file for AOS?

One extra curve ball... her student visa is already expired.

Thanks

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TheOptimist
TheOptimist

Hi Blob18, While I understand your sentiment, I do not think that it is inappropriate for one to leverage what is afforded to them to protect their rights. It may be your opinion that they should no

Jojo92122
Jojo92122

Same sex marriage as a matter of civil rights. Unfortunately, it is often a lawsuit that changes things. Brown v. Board of Education (1954): African Americans suing for the right to attend the same

Jojo92122
Jojo92122

Not true. Immigration is federal law. The Defense of Marriage Act (DOMA) is also federal law. DOMA prohibits the federal government from recognizing same sex marriages which in turn prohibits the f

Penny Lane Grand Master

Penny Lane   8,159

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted (edited)

As far as I know, while same sex marriage is legal in some states, there are unfortunately no immigration benefits and I don't believe they'd be able to adjust status. Someone will correct me if I'm wrong, I'm sure.

They would not be allowed to file for a K1 Visa.

Edited by Coconuts
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aleful Veteran

aleful   1,905

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Filed: Citizen (apr) Country: Argentina
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What is the K1 situation for same sex couples?

We have a lesbian friend who recently got engaged to her girlfriend from Japan. What are their options. If she leaves the country at the moment it seems they can't file for K1. Could they get married in the states (one which allows gay marriage) and file for AOS?

One extra curve ball... her student visa is already expired.

Thanks

none, there is no way to adjust status for same sex marriages.

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EAbbas Experienced

EAbbas   213

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Filed: IR-1/CR-1 Visa Country: Pakistan
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Posted (edited)

Coconuts and aleful are right.... the US does not recognize same sex marriage for immigration purposes.

Edited by EAbbas

10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

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Dan & Jenni Proficient

Dan & Jenni   457

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Filed: K-1 Visa Country: England
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i dont think there is a country in the world that allows immigration based on same sex relationships right now

I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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Filed: Lift. Cond. (apr) Country: Israel
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i dont think there is a country in the world that allows immigration based on same sex relationships right now

A number of countries do. I can think of Sweden, Australia, and Canada off the top of my head - there are more.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Dan & Jenni Proficient

Dan & Jenni   457

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Filed: K-1 Visa Country: England
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A number of countries do. I can think of Sweden, Australia, and Canada off the top of my head - there are more.

i must say that im surprised... and i dont mean that in a bad way

I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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Rebecca Jo Experienced

Rebecca Jo   1,962

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Filed: Lift. Cond. (apr) Country: United Kingdom
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i dont think there is a country in the world that allows immigration based on same sex relationships right now

Great Britain?

Our journey together on this earth has come to an end.

I will see you one day again, my love.

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Jojo92122 Experienced

Jojo92122   1,924

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Posted (edited)

The Defense of Marriage Act (DOMA) is federal law which prohibits the US government from recognizing same sex marriage. Immigration laws are also federal laws. Accordingly, same sex marriages cannot be recognize for immigration purposes.

Same sex marriage is a matter of state law. Each state can set it's own rules. Some states allow gay marriages. Other states prohibits the recognition of same sex marriages.

People in same sex marriages are treated as married under certain state laws and not married under federal laws.

If your lesbian friend petitions for her fiance (K1 visa), the petition will be denied because the union cannot end in a marriage recognizable under federal law. A K-1 visa is only for a beneficiary outside the US, so your friend's fiancee would need to leave the US. However, this will make it extremely hard to receive any benefit (I will explain later.)

If your lesbian friend does get marry here in the US, she can petition for her wife. Her wife can file to adjust her status. The adjustment will be denied because of DOMA. Your friend and her wife can then sue the US government for violation of the Equal Protection Clause of the 14th Amendment of the US Constitution.

People in same sex marriages have been able to convince some judges that DOMA is unconstitutional and had their deportation stayed. These foreign nationals have also been given permission to live and work in the US.

Your friend's best opportunity to stay and remain in the US is to get marry in the US. File for the adjustment. Get denied. File a lawsuit.

If your friend's fiancee leaves the US, it will be impossible for her to ever get back to the US. This will be especially true if she attempts to obtain an immigration benefit.

Edited by Jojo92122
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sjr09 Experienced

sjr09   155

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Filed: Lift. Cond. (apr) Country: Philippines
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Until DOMA is ruled unconsitutional, the current strategy to unify same-sex couples under the immigration law is to identify alternative family, employment-based, diversity-based or other visa categories that will allow the non-U.S. citizen partner to immigrate lawfully.

'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship

http://crbausembassy....wordpress.com/

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Dan & Jenni Proficient

Dan & Jenni   457

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Filed: K-1 Visa Country: England
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Great Britain?

do we allow it?? i know we are ok with same sex marriage but i didnt realise we was ok with the whole immigration thing

I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
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post containing derogatory comment has been removed. If you have nothing constructive to add to the discussion, then do not participate.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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bigdog Veteran

bigdog   376

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

What is the K1 situation for same sex couples?

We have a lesbian friend who recently got engaged to her girlfriend from Japan. What are their options. If she leaves the country at the moment it seems they can't file for K1. Could they get married in the states (one which allows gay marriage) and file for AOS?

One extra curve ball... her student visa is already expired.

Thanks

None here in USA with immigration.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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