Jump to content
Sign in to follow this  
khoamythovn

K1 visa for same sex

10 posts in this topic

Recommended Posts

I have a female family member who would like to file for K1 visa for fiance of same sex marriage. I reside in IL and would like to know if this is possible. My big question is how would the VN consulate view the K1 visa. As the word 'engage' would mean intent to marry. However, the actual marriage would in the US, not VN. Anyone have an experience if this is even possible?

Share this post


Link to post
Share on other sites

Yep, since the past month or so, this is possible. There are plenty of people doing the same, and it will be treated the same as an opposite-sex case.


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

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

Share this post


Link to post
Share on other sites

As long as same-sex marriage is allowed in the state where the petitioner resides , then all is good.

If it's not, then you have to study the state laws, seeing if that state recognizes same-sex marriage obtained in another state. If that's the case, be prepared to write up the wedding plans (briefly) in a letter of attestation submitted with the I-129F.

So, tell your family member to study the state law for where she resides.. IMO (and others) that's the bit that makes the difference.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

Illinois does not allow same sex marriage but allows as civil union. I found some information and this voids the notion of marriage.

Couples who have a civil union will not have any of the protections or responsibilities federal law provides to married couples. These include social security survivors’ and spousal benefits, federal veterans’ spousal benefits, immigration rights associated with marriage, federal spousal employment benefits, the right to file joint federal tax returns, exemptions from income tax on your partner’s health benefits, the federal exemption from inheritance tax, and many other federal protections which are denied same-sex couples whether legally joined in a civil union or a civil marriage.

Share this post


Link to post
Share on other sites

Illinois does not allow same sex marriage but allows as civil union. I found some information and this voids the notion of marriage.

Couples who have a civil union will not have any of the protections or responsibilities federal law provides to married couples. These include social security survivors’ and spousal benefits, federal veterans’ spousal benefits, immigration rights associated with marriage, federal spousal employment benefits, the right to file joint federal tax returns, exemptions from income tax on your partner’s health benefits, the federal exemption from inheritance tax, and many other federal protections which are denied same-sex couples whether legally joined in a civil union or a civil marriage.

The text is outdated and incorrect.

You are eligible to immigration and all federal benefits so long as you are legally married. If you can't get married in Illinois, you can get married in any of the states that celebrate marriages. The USCIS recognizes marriages performed in any of the 50 states, for K-1 purposes.

In terms of immigration benefits your marriage is no different that anyone else's.

Good luck!

Edited by Gegel

200px-FSM_Logo.svg.png


www.ffrf.org




Share this post


Link to post
Share on other sites

Civil Union will not be good enough. They will have to get really married in another state, or move.


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

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

Share this post


Link to post
Share on other sites

Why would it be a problem? People move all the time.

People even get married out of state, all the time.

I suggest that the marriage will be a life-changing event based on domicile.

Sure, it probably means you get to help out, being a pack mule for your relative, but so what? That's what families are for !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

I remember a recent post with this same question (seems to me the OP was in Illinois). Suggest you do a search for that thread. Agree with Darnell - immigration is a federal benefit - as long as the individual is legally married (people go to Las Vegas all the time to get married even if they live elsewhere, why would this be any different) they are free to file.

Best of luck and congratulations to your relative!

Share this post


Link to post
Share on other sites

You realize that in Vietnam, there're SO MANY traditional couples ( as in men with women) being denied at the US Consulate, even after they've been married for quite an extended period of time (their marriages are FULLY LEGAL AND RECOGNIZED by the Vietnam gov't).

You know the reason why? Because Vietnamese are well known for fraudulent marriages. They're married for immigration purposes. The US Consulate is fully aware of the situation. Their mentality is to assume EVERY marriage is fraudulent til proven otherwise.

Good luck on convincing them your proposal same-sex relationship (not yet LEGALLY recognized, ie. NO marriage certificate) is a GENUINE one. The US Consulate won't deny your case because they don't like gay marriages. They'll deny simply because they don't believe the relationship is bonafide. And they've done that may times before (to straight marriage cases).

Give it a try. It's a 99.999% guaranteed failure, for the US Consulate in Saigon.

You are correct about Vietnam being recognized for a high volume of fradulent marriages. You also may be right about the same sex K1 being denied 99.999%, However, this is such a new process for same sex petitions that no one knows how it is going to go for any country. I know there are a few people on this forum that are petitioning for their same sex partner in Vietnam. So it will be interesting to see what happens. Who knows, they MAY be lucky and get that "00.001%" chance of passing.


11-28-2010 - Married

USCIS:
03/14/2013 - I-130 Sent
03/18/2013 - NOA1

06/05/2013 RFE issued

06/25/2013 RFE recieved in mail

06/28/2013 RFE requested docs. sent to USCIS from abroad

07/08/2013 RFE entered into USCIS system as received and "RFE Review" status online

07/16/2013 NOA2 received by email

07/19/2013 Email from USCIS stating case file has been sent to NVC

07/27/2013 Hard copy of NOA2 recieved abroad (Vietnam) by mail

NVC:
08/02/2013 Received NVC case number via email

08/02/2013 Sent DS-3032 via emial

08/05/2013 Paid AOS ($88) fee

08/19/2013 DS-3032 accepted by NVC

08/26/2013 Paid IV ($230) fee

09/04/2013 Completed new DS-260 Online in place of the old (DS-230 paper form)

09/10/2013 I-864 Sent

10/04/2013 Check list

11/02/2013 Check list

12/14/2013 Case Complete

12/30/2013 Interview Scheduled for Feb 25 2014

US Consulate HCMC, Vietnam

02/25/2014 I-R1 Immigrant Visa interview (APPROVED!!)

03/06/2014 Visa delivered

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×