The first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)

[moemac59 192]

Congrats to both you and fingers crossed that everything goes well. It seems like you have a huge number of supporters on this site. Cheers!

[DefunctAccount 45]

I just want to say a HUGE thank you to everyone for your outpouring of support. It is incredible to Keno and I and we are truly humbled by your words of love and support. Thank you for all the advice and well-wishes and we will, in fact, keep you all up to date. Keno did pick up some pictures today - if his appearance changes dramatically, we'll update them - but if he stays pretty much the same as he has for the last year and a half, I don't necessarily see the need =P

[Fight for Love 98]

oh my

so proud of guys!!!! goodluck

[elmcitymaven 9,711]

Best of luck to you both. I've been looking forward to seeing the first same-sex K1 on VJ -- it's about bloody time!

I'm also really pleased to see how many people here have raised their voices in support of your efforts.

[MR193 2]

Love conquers all Stay strong and good luck on your journey.

[JE06 54]

Amazing.. Id always hoped same sex couples would have the same opportunity to be with the ones they love. I am really praying for you guys.

[thairath 4]

Keeping couples and families together, I love it. Best of luck to you and other same-sex couples dealing with the road block that is our immigration system.

[mfranc68 31]

Wishing you and your partner good luck!

[Ryan H 3,790]

Since the first interview is with a Filipino consul there may be significant problems. I don't know how much power an individual consul has over the process, but if they have any input into the procedure you may not have any success at the Embassy at all.

Consular Officers are American Citizens who work for the Foreign Service of the United States and they follow the law. What you imply here is irrelevant.

Yes, Iowa has legalized Same-sex marriage.

So has Washington State.

[ggsacks 82]

OK, but K-1s are for fiancees. Also a marriage between a man/woman in New York MUST be recognized it Texas under the "full faith and credit" clause of the constitution...so why not a same sex marriage? DOMA? Maybe.

I am just saying, as with many legal issues before this, a Supreme Court ruling becomes a precedent for other rulings. One cannot reasonably expect that the SCOTUS is going to strike down DOMA and at the same time force all other states to comply and order the issuance of K-1 visas to same sex couples, AND ... it simply is not within the scope of the case at hand.

The ruling this year will be a cornerstone and it may be years before there are other rulings. Just as the ruling in 1955 did not immediately end all segregation and discrimnation against blacks and it took another 10 years and more federal legislation to accomplish, based on that ruling.

Te Obama administration has been pro-Gay rights so Obama may issue an executive order to USCIS to issue same sex K-1s and CR-1s based on a ruling striking down DOMA and could do it the same day. But maybe not.

Keep in mind any petition filed before it is clearly established that same sex K-1s are to be issued will likely be denied and need to be re-filed

I don't believe this to be correct. The states do not issue any visas (including K-1). USCIS is an arm of the DHS, which itself is a department of the federal government. The only current bar to allowing same-sex couples federal recognition and benefits is §3 of DOMA which currently states that marriage as defined federally is limited to one man and one woman. Once DOMA is struck down, same-sex spouses or fiancés will be recognised in the same way opposite-sex spouses and fiancés are right now, allowing them to receive the same federal benefits including immigration. No legislation actually needs to be passed to allow the federal recognition of same-sex relationships. Presumably, as long as the petitioner is resident of a state that performs federally recognised same-sex marriages, they will be treated equally for immigration.

The hazy area is §2 of DOMA which allows states without marriage equality to not recognise same-sex marriages performed in states with marriage equality. I'm not sure if this will limit immigration rights only to marriage equality states, but it will be interesting to see. Of course there is also the slim chance that SCOTUS could issue a nationwide ruling on the Prop 8 case, which would bring marriage equality to every state.

[ggsacks 82]

Congratulations Tim & Keno. We're in the same boat as you, waiting (terribly impatiently) to file for a K-1 visa as soon as DOMA is struck down.

I have all the faith in the world that this will be our year.

[Jamie and Sveta 18]

Good luck!!!

[DefunctAccount 45]

I don't believe this to be correct. The states do not issue any visas (including K-1). USCIS is an arm of the DHS, which itself is a department of the federal government. The only current bar to allowing same-sex couples federal recognition and benefits is §3 of DOMA which currently states that marriage as defined federally is limited to one man and one woman. Once DOMA is struck down, same-sex spouses or fiancés will be recognised in the same way opposite-sex spouses and fiancés are right now, allowing them to receive the same federal benefits including immigration. No legislation actually needs to be passed to allow the federal recognition of same-sex relationships. Presumably, as long as the petitioner is resident of a state that performs federally recognised same-sex marriages, they will be treated equally for immigration.

The hazy area is §2 of DOMA which allows states without marriage equality to not recognise same-sex marriages performed in states with marriage equality. I'm not sure if this will limit immigration rights only to marriage equality states, but it will be interesting to see. Of course there is also the slim chance that SCOTUS could issue a nationwide ruling on the Prop 8 case, which would bring marriage equality to every state.

Actually article 3 is the issue at hand that prohibits federal recognition of my state's right to marry. Windsor v. United States is the case will cause Article 3 to be ruled unconstitutional.

[ggsacks 82]

Actually article 3 is the issue at hand that prohibits federal recognition of my state's right to marry. Windsor v. United States is the case will cause Article 3 to be ruled unconstitutional.

Don't worry I'm all too aware of this, hence the fourth sentence of my post "The only current bar to allowing same-sex couples federal recognition and benefits is §3 of DOMA..."

[moemac59 192]

Congratulations Tim & Keno. We're in the same boat as you, waiting (terribly impatiently) to file for a K-1 visa as soon as DOMA is struck down.

I have all the faith in the world that this will be our year.

This is really exciting and groundbreaking to see same sax couples go through this process. Keeping my fingers crossed for you all that everything works out.