same sex K-1 visa

[Cometz 0]

Hello,

I am in the the same boat. I am starting my K-1 for my fiance. She and I have been together for 6 years, went to see her 5 times and each time 2-3 months. I am VERY worried now, I have read many couples K-1 visa and what they have included in the package for proof of relationship. I have everything evidence to proof our relationship (itineraries, copies of ALL pages my passport, pictures of each trip, emails, copies of wiring money to her, and phone records) EXCEPT boarding pass tickets and hotel receipts. I thought this day will never come true for us so I did not kept the ticket passes.

Should I be worried or are the evidences I got sufficent enough? Please help. I got my own thread going for I-129F but since this thread is SSM topic. It's closer to home.

Thanks and I wish all the couples GOOD LUCK!

[KayDeeCee 4,892]

first cousin issue is a fraud indicator for immigration. Families just trying to get family in the country and its a fake marriage. thats why SSM is totally different. The immigration issue for SSM is totally resolved with repeal of DOMA. Only issue for gays is moving from state to state and getting the same rights.

I do not think a case where the first cousin petitioner was asked to provide proof of how they would legally marry since they did not reside in a state that legally allowed first cousin marriage fits in with your statement.

The safest course of action for same-sex couples where the USC petitioner does not currently reside in a state that allows SSM is to provide an explanation of your plans to marry in a state where it is legal and provide and documentation of the plans that you might have.

This is a brand new process for same-sex couples. No one can know how the USCIS and DoS will be handling these cases. If it were me, I would proceed on the safe side and provide as much evidence as I possibly could.

[Harpa Timsah 13,258]

Hello,

I am in the the same boat. I am starting my K-1 for my fiance. She and I have been together for 6 years, went to see her 5 times and each time 2-3 months. I am VERY worried now, I have read many couples K-1 visa and what they have included in the package for proof of relationship. I have everything evidence to proof our relationship (itineraries, copies of ALL pages my passport, pictures of each trip, emails, copies of wiring money to her, and phone records) EXCEPT boarding pass tickets and hotel receipts. I thought this day will never come true for us so I did not kept the ticket passes.

Should I be worried or are the evidences I got sufficent enough? Please help. I got my own thread going for I-129F but since this thread is SSM topic. It's closer to home.

Thanks and I wish all the couples GOOD LUCK!

There are two things you seem to be confusing. 1) is proof of seeing eachother in person in the last two years. 2) is proof of a relationship. Does your passport have passport stamps that prove you were in her country? Then item 1) is satisfied. I can see 2) is satisfied because you showed many other things.

[GayK1inTexas 12]

Btw this thread is to support SSM visa applications and our experiences. This first cousin thing is totally confusing the discussion. Perhaps you should take it to a more appropriate thread. Thanks.

[Cometz 0]

There are two things you seem to be confusing. 1) is proof of seeing eachother in person in the last two years. 2) is proof of a relationship. Does your passport have passport stamps that prove you were in her country? Then item 1) is satisfied. I can see 2) is satisfied because you showed many other things.

Yes, my passport has stamps from her country. I should be good without the tickets. Yeppy.

[GayK1inTexas 12]

can be solved accompanying documents showing plans to marry in a state that permitting such an appointment to get everything in order, maybe air ticketing to the state where you are getting married and maybe a reservation of hotel etc. ... federal laws take precedence over any state decision....

Yep. We included in our package our plans to marry in Iowa and indicated that we meet all the requirements to be able to marry there. Unfortunately most of us are going to have travel to another state to get legally married. For us Iowa is the close plus you can register via mail so no waiting. Just arrive and marriage license is ready to go.

[GayK1inTexas 12]

That is not true and is very closed-minded about people with "other" types of relationships. Traditionally marrying your cousin was the thing to do.

I hope so, I really do. But in the case of cousins I have been mentioning federal laws do NOT overcome state decisions.

Sadly we already know we will not have rights in Texas and probably wont unless the state laws that prohibit SSM are struck down. There are some indications in the language that the Justices' used in DOMA that a case could be made to strike down state laws preventing SSM.

[KayDeeCee 4,892]

Btw this thread is to support SSM visa applications and our experiences. This first cousin thing is totally confusing the discussion. Perhaps you should take it to a more appropriate thread. Thanks.

We ARE trying to provide support. Advising the best ways for same-sex couples to be successful I think fits very well with this topic. One does not have to be in a same-sex couple to support SSM and want to help. I do not see how comparing a similar situation logically with that of another is confusing. This topic has not changed over to discussing first cousin marriage, and I see no reason for a new thread about it. There are plenty on those already. You can search VJ for them and come up with the cases about the need to marry in a state where it is legal. Their petitions are not different than yours. I could say exactly what you said about cousin marriages about SSM. They could be viewed as fraudulent, as someone just trying to bring a friend over for a green card. Hmm....?

If you meet the petition requirements and satisfy the USCIS adjudicator, then the petition will be approved. The CO at the consulate will take over with all cases: cousins, same-sex or hetero and decide who seems to be fraudulent or not. The advice offered here is to help people get their petitions approved and then get an approved visa as well. I am sorry you do not think our advice is useful to you, but maybe someone else posting in this thread or just reading through it might feel differently.

[GayK1inTexas 12]

We ARE trying to provide support. Advising the best ways for same-sex couples to be successful I think fits very well with this topic. One does not have to be in a same-sex couple to support SSM and want to help. I do not see how comparing a similar situation logically with that of another is confusing. This topic has not changed over to discussing first cousin marriage, and I see no reason for a new thread about it. There are plenty on those already. You can search VJ for them and come up with the cases about the need to marry in a state where it is legal. Their petitions are not different than yours. I could say exactly what you said about cousin marriages about SSM. They could be viewed as fraudulent, as someone just trying to bring a friend over for a green card. Hmm....?

If you meet the petition requirements and satisfy the USCIS adjudicator, then the petition will be approved. The CO at the consulate will take over with all cases: cousins, same-sex or hetero and decide who seems to be fraudulent or not. The advice offered here is to help people get their petitions approved and then get an approved visa as well. I am sorry you do not think our advice is useful to you, but maybe someone else posting in this thread or just reading through it might feel differently.

I do not see how comparing a similar situation logically with that of another is confusing. Your premise that it is similar is just wrong is my point. Your experience in the process may be helpful but your comparison with first cousins is just plain wrong. Sorry.

[GayK1inTexas 12]

I do not see how comparing a similar situation logically with that of another is confusing. Your premise that it is similar is just wrong is my point. Your experience in the process may be helpful but your comparison with first cousins is just plain wrong. Sorry.

Oh and BTW your innuendo about bring a friend over is insulting and not very helpful.

[Harpa Timsah 13,258]

Oh and BTW your innuendo about bring a friend over is insulting and not very helpful.

You said the exact same thing for first cousins!! What bigotry!

Jay-Kay was only responding to your bias.

Don't worry, I won't help you any more. Glad you got "no RFEs" with your NOA1. You have nothing else to worry about, obviously... You've got it all figured out... :S

Edited July 18, 2013 by Harpa Timsah

[KayDeeCee 4,892]

first cousin issue is a fraud indicator for immigration. Families just trying to get family in the country and its a fake marriage. thats why SSM is totally different. The immigration issue for SSM is totally resolved with repeal of DOMA. Only issue for gays is moving from state to state and getting the same rights.

Oh and BTW your innuendo about bring a friend over is insulting and not very helpful.

See what you posted about first cousin marriage? I was parroting what you implied about them but substituted SSM. It was to prove a point that the same could be said about SSM. I was insulting no one. Were you?

You claim they are different because they are about fraud and fake marriages for a green card. Any case could be fraud just for a green card. No case is different in that aspect. Do you think no one in a hetero marriage that has gone through immigration did so fraudulently for a green card only? The issue with first cousin marriage is not about them being fraudulent. The comparison is because first cousin marriage is only legal in SOME states. Hey, coincidentally, so is SSM. THAT is the comparison and what makes them similar. The comparison is not wrong.

USCIS does not try and discover and weed out fraudulent relationships when adjudicating the petitions. They are looking to see if the petition meets the requirements; the two main ones being that you have met in person within the 2 years prior to filing and that both are free to and legally able to marry within the 90 days after the foreign fiance(e) enters with a K-1.

[Nemoisfound 0]

well, some experts here seem claiming that they know everything. sorry to say, but it seems like it.

Lets see it from outsider view.

Mr GayTexas never has an issue with the states where he will live after his marriage, whether or not the states legalize SSM. if he did, he would question about it at first place. in fact, he never question about states matter. all he wants is sharing his experiences esp with people that is in the same circumstances.

and then someone commented on his comment and talk about first cousin marriage with an assumption it is the comparison to the SSM and advised him to prepare to move to another states just because he wants to stay in Texas which doesnt recognize SSM after his marriage.

Its confusing for him, because he never asked about states matter, never have an issue with it and doesnt want to move out from Texas, but someone came with the issue out of nowhere as if it is big problem for him.

If he thinks it wont be a problem for them, probably he already has another plans to overcome the issue.

And the question is

why did ppl complicate the case with other stuff as comparison as they said when it is not a matter at all for him?

why do some experts here act in not good manner by saying words guinea pigs, bigotry, etc?

FYI, its not kinda help what ppl expected to get when you complicate the case. it will bring them down instead.

Talking about proofs for petition, if the applicant get the NOA1 it means he/she has complete all the requirements needed.

but doesnt guarantee he/she will not get RFE in the next stage, because the next stage is to review whether the complete application is detail and reliable enough to proof the relationship. if someone feels confidence enough with his application, probably he has fulfilled all the requirements needed n given all the proofs as many as he can give, including when and where the marriage will happen.

again just because you re the experts doesnt mean you know everything, you re always right, and you can predict what will happen.

as ppl here said this case is really new for USCIS, no one really know what will happen.

sorry no offense to anybody.

Have a great time

[Leono27 3]

is too early to start making comparisons, our process is new and we have a lot of faith that things will turn out well, we ARE REALISTIC and why we fought this long to get to this point, and we are sure that if satisfied USCIS officials with relevant evidence we will reach the goal, we can not just sit and do nothing because the cousins ​​did not have the strength to claim their rights, anyway prefer real experiences and experiences that have our same line because we started with the best of expectations.

[NikLR 13,220]

There isn't much for real experiences at this point. You are all part of the newest part of immigration. You should have been part of it all along. None of us are claiming to be experts. We are not lawyers. We are trying to help. I saw what could be an issue and wanted to bring it up, just for awareness. Not to burst anyone's bubble. But how can you prepare for something that is unknown? You cannot. Is it not better to be prepared for something that never comes to be than for something that jumps out at you? Maybe it's the mom in me. I like to be prepared.

In Canada, this isn't an issue. Anyone can apply for permanent residency for their spouse, SS or OS. Heck you don't have to be married, we accept common-law as well. But SSM is legal across Canada and every province has some kind of common-law relationship laws but the extent of them vary by province. But I'm not sorry for bringing it up. I do hope you all have a painless, wonderful journey back to each other for happily ever after.