BINATIONAL SAME SEX COUPLES !! Show up!

[zuluweta 250]

My fiance was asked with both families were supportive of the relationship. There were just letters from one side of the family. However this is understandable with some people from other countries...

You mentioned the AOL interview? Did they refer to the original I-129f application too? I imagine they will have copies of that anyway.

I don't recall any reference to the I-129F form at all. The IO asked me to answer ALL the questions on the I-485 (AOS/green card form) application again, though, even if he already had all my answers in front of him on the form.

[dsldesch 27]

I'd like to thank everyone for your feedback to my previous questions--it was all very helpful, and I've saved a number of the emails VJ sent me when your comments were posted so I can easily refer back to them later. Unfortunately, I've been rather distracted lately, partially because it's just a busy time of the semester, but mostly because my fiance has been going through some pretty serious health concerns and it's quite worrisome. We both hope it won't be as dire as the doctors fear, but we're waiting on additional blood tests and a biopsy to know for sure. Please keep us in your thoughts as we go through this.

[NYCruiser 423]

I'd like to thank everyone for your feedback to my previous questions--it was all very helpful, and I've saved a number of the emails VJ sent me when your comments were posted so I can easily refer back to them later. Unfortunately, I've been rather distracted lately, partially because it's just a busy time of the semester, but mostly because my fiance has been going through some pretty serious health concerns and it's quite worrisome. We both hope it won't be as dire as the doctors fear, but we're waiting on additional blood tests and a biopsy to know for sure. Please keep us in your thoughts as we go through this.

Very sorry to hear this. I can only imagine.

David

[Sukie 1,444]

Just a tip, front load any pictures of the same-sex couple with family members.

At my AOS interview for the green card, the IO asked me if my husband (the USC) has met my parents and thankfully, I had a picture of us with my parents and other family members. At the time the picture was taken - which was many years ago - we just started dating so I introduced him to my family at Thanksgiving dinner as a friend.

Excellent advice for those of us who are in same-sex relationships. Pictures of us with family and friends (the more mixed the better!) show that the couple will have good support when they are together in the US.

Best of luck to ALL of you who are still in the process.

Sukie in NY

[komnaes 0]

Hi folks,

I have posted the same question in the "What Visa Should I Get" section, but since we have our own LGBT corner here I might as well give it a try too:

I am the foreign partner (from Hong Kong) of a same sex relationship with an American.

Our story is that we met over 20 years ago, and at the beginning we maintained a long distance relationship but for most of those 20 years we have a very close and ongoing friendship. Our bonding starts to become stronger again since two years ago and after gay marriage becomes legal, we begin to look at marriage as an option.

I am now in the US for a tourist visa, mainly to see if we can properly live together for real. It's been two months now and we have come to the point that we know we want to get hitched.

We have looked through the information here and cannot decide whether we should go for the K1 fiancé visa or the IR-1. Since there's no legal gay marriage in Hong Kong, for the IR-1 to work we are thinking of making a quick trip to Canada since I have been told that it's not wise to get married in the US while I am on a tourist visa.

It may be too general a question but we are looking to find the shortest route to get my status so we can be together in the US for now (our base is Albany, CA).

In terms of proving our relationship, we have emails, documents, etc and also a lot of our mutual friends here are willing to sign affidavits for us. But there won't be any joint properties, etc, yet.

In terms of our background we both have professional qualifications.

In terms of finance I have a comfortable level of saving (though probably not relevant for the application) and though he doesn't make a lot as he works for a non-profit, it's well above the required above poverty level. And we even have a rich friend volunteers to be a co-sponsor if necessary.

Any of your inputs are well appreciated.

[NYjones 13]

Welcome!

You CAN get hitched in the US! You would have to return home though and wait for you other half to submit paper work and be approved which takes a year or so...or your other half can apply for a fiance visa (and you return home) and wait for approval, which can take around half the time as the first option.

There are different costs to each and you have to factor in your personal life etc.

read up on the guides. I know there is a comparison of the two options. I will look for a link.

I stand to be corrected.

Hi folks,

I have posted the same question in the "What Visa Should I Get" section, but since we have our own LGBT corner here I might as well give it a try too:

I am the foreign partner (from Hong Kong) of a same sex relationship with an American.

Our story is that we met over 20 years ago, and at the beginning we maintained a long distance relationship but for most of those 20 years we have a very close and ongoing friendship. Our bonding starts to become stronger again since two years ago and after gay marriage becomes legal, we begin to look at marriage as an option.

I am now in the US for a tourist visa, mainly to see if we can properly live together for real. It's been two months now and we have come to the point that we know we want to get hitched.

We have looked through the information here and cannot decide whether we should go for the K1 fiancé visa or the IR-1. Since there's no legal gay marriage in Hong Kong, for the IR-1 to work we are thinking of making a quick trip to Canada since I have been told that it's not wise to get married in the US while I am on a tourist visa.

It may be too general a question but we are looking to find the shortest route to get my status so we can be together in the US for now (our base is Albany, CA).

In terms of proving our relationship, we have emails, documents, etc and also a lot of our mutual friends here are willing to sign affidavits for us. But there won't be any joint properties, etc, yet.

In terms of our background we both have professional qualifications.

In terms of finance I have a comfortable level of saving (though probably not relevant for the application) and though he doesn't make a lot as he works for a non-profit, it's well above the required above poverty level. And we even have a rich friend volunteers to be a co-sponsor if necessary.

Any of your inputs are well appreciated.

[NYjones 13]

O! What you can't do is get married and stay in the us on a tourist visa....well u can do it BUT you can face problems. Whatever you decide you Wil have to leave your other for some time though.

[NYCruiser 423]

Hi folks,

I have posted the same question in the "What Visa Should I Get" section, but since we have our own LGBT corner here I might as well give it a try too:

I am the foreign partner (from Hong Kong) of a same sex relationship with an American.

Our story is that we met over 20 years ago, and at the beginning we maintained a long distance relationship but for most of those 20 years we have a very close and ongoing friendship. Our bonding starts to become stronger again since two years ago and after gay marriage becomes legal, we begin to look at marriage as an option.

I am now in the US for a tourist visa, mainly to see if we can properly live together for real. It's been two months now and we have come to the point that we know we want to get hitched.

We have looked through the information here and cannot decide whether we should go for the K1 fiancé visa or the IR-1. Since there's no legal gay marriage in Hong Kong, for the IR-1 to work we are thinking of making a quick trip to Canada since I have been told that it's not wise to get married in the US while I am on a tourist visa.

It may be too general a question but we are looking to find the shortest route to get my status so we can be together in the US for now (our base is Albany, CA).

In terms of proving our relationship, we have emails, documents, etc and also a lot of our mutual friends here are willing to sign affidavits for us. But there won't be any joint properties, etc, yet.

In terms of our background we both have professional qualifications.

In terms of finance I have a comfortable level of saving (though probably not relevant for the application) and though he doesn't make a lot as he works for a non-profit, it's well above the required above poverty level. And we even have a rich friend volunteers to be a co-sponsor if necessary.

Any of your inputs are well appreciated.

Nice letter to us all.

• Since its been two months since you have been here in a B2, its ok to get married and file an adjustment of status without going back. However, if you have your affaires to settle in HK, then you will have to wait the year it takes filing a CR-1/I-130.
• if the above scenario to go back, then dont get married, just engaged here in the US, have your fiance file for a K1 visa for you which at todays rate and approval times is taking 8 months which is less than the CR-1. (believe me I just went through it). (unless you arein the Western Half of the USA).
• Since its been twenty years you have a lot of documentation!! Documentation is your friend here...frontload, frontload the application!!! Your fiance will apply using the I-129f USCIS form and use the wonderful advice from VJ..I know it helped me which is why I am on here helping others.
• It will make your interview at the US Embassy (consulate?) in HK very quick. Maybe also no interview here for the AOS??? Who knows.

Anyone correct anything I advised

David

[NYjones 13]

Just wondering but wouldn't staying and seeking adjustment be considered fraud while on a tourist visa?

Nice letter to us all.

• Since its been two months since you have been here in a B2, its ok to get married and file an adjustment of status without going back. However, if you have your affaires to settle in HK, then you will have to wait the year it takes filing a CR-1/I-130.
• if the above scenario to go back, then dont get married, just engaged here in the US, have your fiance file for a K1 visa for you which at todays rate and approval times is taking 8 months which is less than the CR-1. (believe me I just went through it). (unless you arein the Western Half of the USA).
• Since its been twenty years you have a lot of documentation!! Documentation is your friend here...frontload, frontload the application!!! Your fiance will apply using the I-129f USCIS form and use the wonderful advice from VJ..I know it helped me which is why I am on here helping others.
• It will make your interview at the US Embassy (consulate?) in HK very quick. Maybe also no interview here for the AOS??? Who knows.

Anyone correct anything I advised

David

[NYCruiser 423]

Just wondering but wouldn't staying and seeking adjustment be considered fraud while on a tourist visa?

It depends on the intent. Since it has been a while since you have been here, then no...however, if you arrived (lets say) yesterday then married and adjusted the status, then USCIS would rightly suspect pre-convcieved intent.

The nice thing with marrying now is that you are with your loved one and (usually) after you apply for an AOS you get a EAD to work for the year in which it could take to adjudicate the I-485.

You got a great story either way....;-) So nice to have these options with DOMA gone.

David

[komnaes 0]

Nice letter to us all.

• Since its been two months since you have been here in a B2, its ok to get married and file an adjustment of status without going back. However, if you have your affaires to settle in HK, then you will have to wait the year it takes filing a CR-1/I-130.
• if the above scenario to go back, then dont get married, just engaged here in the US, have your fiance file for a K1 visa for you which at todays rate and approval times is taking 8 months which is less than the CR-1. (believe me I just went through it). (unless you arein the Western Half of the USA).
• Since its been twenty years you have a lot of documentation!! Documentation is your friend here...frontload, frontload the application!!! Your fiance will apply using the I-129f USCIS form and use the wonderful advice from VJ..I know it helped me which is why I am on here helping others.
• It will make your interview at the US Embassy (consulate?) in HK very quick. Maybe also no interview here for the AOS??? Who knows.

Anyone correct anything I advised

David

Big hugs to you David!

• I do have affairs to settle in HK and my return ticket has been booked for late Nov. Would it make sense if we just get hitched now in California and then return shortly with another B2 after my trip home to begin the AOS process while I am in the US? Or it cannot proceed if I am in the US?
• As for the K1 fiancé visa, we just spoke to an old friend who's Japanese and based in Oakland. Her now husband started the K1 process for her while she was back in Japan last year, and it took her 3 months to get it. Does my partner's location (he lives in Albany in the Bay Area in California) favourable for a speedy process?
• Yes, my partner found a letter to a friend with my name mentioned that dated back to 1996. But we think our strongest documentation will be affidavits from friends. My partner has a big support network here and some of them are rather permanent figures in the community (e.g. a senior reporter in a large Bay Area newspaper and even a former mayor of one of the smaller cities here); they are all willing to sign affidavits testifying that they have known of our relationship/friendship over 2 decades. Do you think they're helpful?

So how do you see which option may work better for our situation?

Again, thank you so so much for being so helpful.

I have barely looked into the details as we were and still are very concentrated on actually testing out to see if we can actually live together as a couple.

[NYCruiser 423]

Big hugs to you David!

• I do have affairs to settle in HK and my return ticket has been booked for late Nov. Would it make sense if we just get hitched now in California and then return shortly with another B2 after my trip home to begin the AOS process while I am in the US? Or it cannot proceed if I am in the US?
• As for the K1 fiancé visa, we just spoke to an old friend who's Japanese and based in Oakland. Her now husband started the K1 process for her while she was back in Japan last year, and it took her 3 months to get it. Does my partner's location (he lives in Albany in the Bay Area in California) favourable for a speedy process?
• Yes, my partner found a letter to a friend with my name mentioned that dated back to 1996. But we think our strongest documentation will be affidavits from friends. My partner has a big support network here and some of them are rather permanent figures in the community (e.g. a senior reporter in a large Bay Area newspaper and even a former mayor of one of the smaller cities here); they are all willing to sign affidavits testifying that they have known of our relationship/friendship over 2 decades. Do you think they're helpful?

So how do you see which option may work better for our situation?

Again, thank you so so much for being so helpful.

I have barely looked into the details as we were and still are very concentrated on actually testing out to see if we can actually live together as a couple.

• Hey, no you probably will not be able to be admitted (or even apply for a B2) once you are either engaged or married. The reason is the B2 and Point of Entry Admittance in the USA is based on non-immigrant intent ie your intention is to return home after the visit. Since you have a family tie here that Visa will not be valid/given
• California? You are lucky..I hear approvals for the I-129f are about 3 weeks compared to the Texas Service Center taking 7 months...(long story..dont ask,,,you will get a earful from peeps on here).
• Yes all those affidavits are worth it..make sure none are illegal/immoral or non-US citizens. (include their ID in the letter too).
• You are in great shape for a K1 it seems....
• Testing to see if you can live together? Its a process....:-)

[komnaes 0]

• Hey, no you probably will not be able to be admitted (or even apply for a B2) once you are either engaged or married. The reason is the B2 and Point of Entry Admittance in the USA is based on non-immigrant intent ie your intention is to return home after the visit. Since you have a family tie here that Visa will not be valid/given
• California? You are lucky..I hear approvals for the I-129f are about 3 weeks compared to the Texas Service Center taking 7 months...(long story..dont ask,,,you will get a earful from peeps on here).
• Yes all those affidavits are worth it..make sure none are illegal/immoral or non-US citizens. (include their ID in the letter too).
• You are in great shape for a K1 it seems....
• Testing to see if you can live together? Its a process....:-)

Thanks !!

• I see what you are saying. Then how about we apply for the AOS now? Does it mean I cannot leave the US at all once it begins? Alternatively, how about leaving in late Nov, then come back in Dec and say get hitched next year Jan to begin the AOS process? (* all these questions of course will be irrelevant if the K1 process is much speedier).
• Yes, we don't know the current time now but the recent example of our Japanese friend is that she got it late last year within 3 months. She's now happily married with a green card living with her husband in Oakland. Just curious, does the location of the embassy / consulate make any difference?
• Yes. The whole thing of course is proper and legal.
• So it seems K1 is a better an option in terms of timing and ease of processing?
• Yes. But we have found that good cooking and a lot of mutual massages help, A LOT.

[NYCruiser 423]

Thanks !!

• I see what you are saying. Then how about we apply for the AOS now? Does it mean I cannot leave the US at all once it begins? Alternatively, how about leaving in late Nov, then come back in Dec and say get hitched next year Jan to begin the AOS process? (* all these questions of course will be irrelevant if the K1 process is much speedier).
• Yes, we don't know the current time now but the recent example of our Japanese friend is that she got it late last year within 3 months. She's now happily married with a green card living with her husband in Oakland. Just curious, does the location of the embassy / consulate make any difference?
• Yes. The whole thing of course is proper and legal.
• So it seems K1 is a better an option in terms of timing and ease of processing?
• Yes. But we have found that good cooking and a lot of mutual massages help, A LOT.

Yes when you file the I-485 AOS with the $995 fee the Employment Authorisation Docment application together with the Advance Parole (Travel Document is included). You have to have that doc before travelling or they will consider you have abandoned the application. See below

http://www.visajourney.com/content/k1k3aos

Check the section on the I-485

Good luck

David

[zuluweta 250]

Yes when you file the I-485 AOS with the $995 fee the Employment Authorisation Docment application together with the Advance Parole (Travel Document is included). You have to have that doc before travelling or they will consider you have abandoned the application. See below

http://www.visajourney.com/content/k1k3aos

Check the section on the I-485

Good luck

David

I-485 AOS filing fee is $1070 as indicated here: http://www.uscis.gov/i-485

However, unless adjusting from a K-1 fiance visa, an I-130 Petition For Alien Relative must also be submitted. The filing fee for this is $420, to wit: http://www.uscis.gov/i-130