Here's a stumper. Same sex K-1, partner is Arab.

[jrddecker 0]

Hi, Im looking to get a K-1 for my partner and myself. Im an American and my partner is Arab, lives in Tunisia. We meet all the points of this except one that we saw on a site that says that our marriage must be legal in both countries to apply. Gay marriage is legal in the state that we will get married in, but not in her country. In fact, her parents dont even know, because being gay in that country is illegal and she will go to jail if anyone found out and might even be 'honor killed' by her father who has already threatened her life for having short hair. I need to get her out of that country and by my side. I love her and we have been together for two years, I will be making a visit to see her in 4 months as her "American Pen-Pal" because once again, if her family knew about this, it would be very dangerous. So, my question, that I cant find an answer for, Do we qualify? Also, I know its important for the interviewers to ask about what our parents would think about us getting married. I dont know how to handle that.. would that take an honest answer of "Oh, no.. they dont know, they would kill me if they did"

[KayDeeCee 4,902]

The marriage must take place where SSM is legal. It does not need to be legal in Tunisia because you will not get married there. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2543215c310af310VgnVCM100000082ca60aRCRD&vgnextchannel=2543215c310af310VgnVCM100000082ca60aRCRD

The requirement for the I-129F is that you must both be free and legally able to marry(as in both single or legally divorced) and that you have met face-to-face at least once within the 2 years prior to filing.

[TicoLover 17]

Correct . There is no requirement for the marriage to be legal in the country of origin or even in the state where the USC lives. You just need to eventually get married in anyplace that allows same-sex marriage in the US or any other country that allows it for that matter. And you should tell the truth about how her parents would kill her if they found out. Maybe the Embassy could assign a high confidential level to the case. Honestly, I would even call my Senator or Congress person so they could contact the Embassy directly on your behalf to explain the danger to your partner.

http://www.visajourney.com/news/2013/08/18/state-department-issues-cable-on-same-sex-marriages/

[KayDeeCee 4,902]

Correct . There is no requirement for the marriage to be legal in the country of origin or even in the state where the USC lives. You just need to eventually get married in anyplace that allows same-sex marriage in the US or any other country that allows it for that matter. And you should tell the truth about how her parents would kill her if they found out. Maybe the Embassy could assign a high confidential level to the case. Honestly, I would even call my Senator or Congress person so they could contact the Embassy directly on your behalf to explain the danger to your partner.

http://www.visajourney.com/news/2013/08/18/state-department-issues-cable-on-same-sex-marriages/

For a K-1, the marriage must take place in the US, so other countries that allow it are a moot point for the K-1 process. They just need to marry in a state in the US that allows SSM.

[jrddecker 0]

Thank you, at least I know this is still possible. I live in Arizona and same sex marriage is not legal here, but I already found out that I can return to Washington or California and get married there, since I lived in both states and have family in both states, I have no problem doing that. Im not sure if I can contact my senator about this, since like I said, ssm is still not allowed here. But Im sure I can stress this somewhere along the process to find someone to explain this to. I plan on being in the waiting room at the embassy in Tunisia the day she has her interview, maybe that will help too.

[jan22 3,174]

I'm sure the officers at the Embassy know the country's stance on SSM, as they live there and are given at least minimal cultural awareness training. And, all visa records are confidential -- they can only be discussed by with the applicant. You may or may not be in the waiting room for her interview; each Embassy sets procedures on who may enter the visa section, especially in the non-immigrant visa area (which a K-1 is, even though everyone knows it really is an IV). Space is often at a premium and only the applicants are permitted entry in many Embassy visa sections. Hope all goes well....I'm sure it will.

[FulanoDeTal 19]

Good luck with your visa process. Sometimes it's easy to take for granted the relative liberty and security in our relationships that we enjoy in the U.S. and Brazil. Your situation reinforces the importance of the Windsor decision on so many levels. Please keep us posted on your progress.