Gay Engagement

[lonelywithouthim1 36]

I have the same issue as you in regards to having a same sex fiance.

I received this from the USA embassy in Laos on July 15th.

We are aware of the Supreme Court ruling and are working closely with other agencies to determine next steps. As of yet, we have not received any guidance so we are currently not accepting applications for same-sex couples. We understand how important this decision is for many LGBT families and will post updated guidance soon. [/size]

I haven't heard anything recently so I am not aware if they have started processing petitions or not.

I suspect with the delays in processing filing now would be a good idea anyway.

I say apply now, don't waste your time waiting on the embassy. It will take 6 to 8 months before you are approved and I'm sure they will get what ever direction needed by than or when they receive the first same sex petition. Good Luck!

[Kanja 202]

Congratulations!

I am still learning the details about this....does it matter if the beneficiary is in a country where same sex marriage is illegal/taboo?

[FulanoDeTal 19]

Kanja,

For purposes of the K-1 fiance visa, whether or not the beneficiary's home country permits same-sex marriage is irrelevant. The petitioner and the beneficiary must demonstrate that they intend to marry within 90 days of the beneficiary's entry into the United States in one of the U.S. states that permits same-sex marriage or the District of Columbia. Therefore, if you plan to reside in a U.S. state that does not permit same-sex marriage, your I129F petition should be very clear that you plan to have the marriage performed in a U.S. state that does permit same sex marriage. You don't have to worry, however, about whether your home country permits same-sex marriage.

[Derby dog 9]

I just signed up to say that I see a lot of confused and misinformed posts here about the recent DOMA decision and how to file. I suggest first going to www.immigrationequality.org if you haven't already. They have been fighting for us for years and are still helping to make sure our applications go through without issues. Also for the person who had the bad attorney experience, (sorry I forgot to quote) you can contact them for a list of GLBT immigration attorneys in your area. These people have been trained by immigrationequality lawyers the week DOMA was overturned on how to handle the applications. And you won't be turned away.

Not really, as long as gay marriage is allowed where you want to marry/ live you'll be fine. You have to follow the guidelines on this web site that everyone else has followed, and if you have any doubts or questions there's always someone on to help.

Also I'm not sure what you meant by this but either way I see this question a lot. So just to clarify, It Does Not matter what state you plan to reside in, as long as you were married in a gay marriage state. eg: marry in Massachusetts but will live in Texas.

[Fred&Tonton 5]

We all wish it would go faster....

[duraaraa 203]

Congratulations to all of you who will be finally able to marry and finally treated as equal.

I hope all of your applications fly through with little difficulty!

[espared12 52]

Derby dog is right immigrationequality.com is an awesome website and if you have any questions you email them and theyll reply with an answer. Unfortunately they dont have attorneys that they work with where I live which is why I decided to do this solo.

[bakodj 0]

Thanks again for all of your responses. I will be submitting my application probably Monday but I was wondering...do I need to submit my financial sponsorship (1-134 and supporting documentation) with my original petition (I-129F) or later upon my fiancee's interview at the Recife, Brazil consulate? Also, according to some estimates, it looks like the petition is processed within 5 months. How long should my fiancee expect to actually receive the visa from the time we submit the petition? As always, I am appreciative of your assistance.

[FulanoDeTal 19]

Bakodj, you do not submit the I-134 information with the I-129F petition. The I-134 information should be in the package submitted by your fiance on the day of his interview in Rio de Janeiro. By the way, all of the K1 fiance visa applications in Brazil are handled by the consulate in Rio de Janeiro, so your fiance will have his interview in Rio and not Recife. The Vermont Service Center (where my petition is being processed) claims a 5-month processing time. Once your package is shipped to Rio, it looks like another two months or so before the interview is scheduled, although if he's approved at the interview your fiance will get the visa via express mail in a few days. So, I'm figuring that unless there is some snag, a ballpark estimate for Brazil is about 7-8 months from I-129F filing to visa issuance. Good luck with your petition, and we'll see how this goes!

[KayDeeCee 4,904]

I have the same issue as you in regards to having a same sex fiance.

I received this from the USA embassy in Laos on July 15th.

We are aware of the Supreme Court ruling and are working closely with other agencies to determine next steps. As of yet, we have not received any guidance so we are currently not accepting applications for same-sex couples. We understand how important this decision is for many LGBT families and will post updated guidance soon.

I haven't heard anything recently so I am not aware if they have started processing petitions or not.

I suspect with the delays in processing filing now would be a good idea anyway.

You can file now. See this > http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2543215c310af310VgnVCM100000082ca60aRCRD&vgnextchannel=2543215c310af310VgnVCM100000082ca60aRCRD

Q2. I am a U.S. citizen who is engaged to be married to a foreign national of the same sex. Can I file a fiancé or fiancée petition for him or her?

A2. Yes. You may file a Form I-129F. As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for marriage.

Edited August 1, 2013 by Jay-Kay

[KayDeeCee 4,904]

Thanks again for all of your responses. I will be submitting my application probably Monday but I was wondering...do I need to submit my financial sponsorship (1-134 and supporting documentation) with my original petition (I-129F) or later upon my fiancee's interview at the Recife, Brazil consulate? Also, according to some estimates, it looks like the petition is processed within 5 months. How long should my fiancee expect to actually receive the visa from the time we submit the petition? As always, I am appreciative of your assistance.

I-134 is not needed until the actual K-1 visa interview. Just follow the guide here. It lists everything that is required for the i-29F petition> http://www.visajourney.com/content/k1guide

[Shelby + Sylmara 0]

I filed the I-130 / IR-1 petition immediately after the DOMA repeal and have a priority date of July 2nd, 2013. My wife and I have been together for seven years and we married in Washington DC last November, 2012. She lived in the United States from December of 2000 through February 27th of this year. We choose to leave for Brazil to live, knowing that she would not be able to re-enter the United States, because she had a family member that was ill and it was important that we not have any regrets if something should happen and she not get the opportunity to visit. Now I am dealing with a tourist visa in Brazil and hopeful that my permanent visa application in Brazil will allow me to stay past the 180 days I'm currently allowed, so that we can remain together until she is permitted to return to the US. We are both anxious for the next steps and will be waiting and advising as we move along. We are expecting to be dealing with the Consulate in Recife, PE.

[bakodj 0]

You all have been very helpful! I have a couple more questions. First, as the petitioner, what evidence (if any) should I provide of our preparations to marry other than the letter of intent? Second, I just finished grad school and will begin working next week and expect to make above the 125% of the poverty guideline by the year. Once I meet that threshold do I also need to show my assets? I ask because I have been accruing a savings to buy a much needed car but I don't watch to jeopardize the sponsorship. As always, thank you for your insight.

[Nikkosan 127]

I am also in the same boat, but I haven't filed yet (though I have a complete package already) as I'm waiting for my attorney to do that for me, and his firm seems to be (rightly so) extremely busy at the moment.

It is exciting to read about other people in the very same situation!!!

I'll also try to keep everyone else posted! Friend me on here if you'd like, it helps keep better track of people who are going through the same stuff!

[espared12 52]

I created my package using the instructions on this website. As evidence I sent about 26 pictures ranging from 2003-2013. I knew I only needed 3-5 pictures of us together, but I figured what more evidence do they need if they can see for themselves that we've been together for 10 years. I did not include anything more. I used all the templates for letters on this website as well. I did make a change to the letter of intent. I made sure the letter of intent said we would marry within 90 days in a state where it is allowed by law.