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pinayanne27

Same Sex Fiance Visa

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No. If your marriage is valid in the jurisdiction (U.S. state or foreign country) where it took place, it is valid for immigration purposes. For more information, please review the following page on the United States -

http://travel.state.gov/visa/frvi/frvi_6036.html


s-event.png s-event.png
IR-1/CR-1 Visa : National Benefits Center NVC Received: 2014-01-08
Consulate : Montreal, Canada NVC Case Number: 2014-02-07
Marriage : 2013-02-22 Paid I-864 Bill: 2014-02-13
I-130 Sent : 2013-03-16 Sent I-864 Docs: 2014-02-14
I-130 NOA1 : 2013-03-20 Paid IV Bill: 2014-03-03
Trans. to NSC : 2013-11-05 Sent IV Docs: 2014-03-04
I-130 NOA2: 2013-12-16 Submitted DS-260: 2014-03-06

Case Complete 2014-03-21

Interview & APPROVED 2014-05-08

POE 2014-06-21

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Your fiance must live in a state where the marriage is recognized, versus marrying in a state and going back to her home state.


**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

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Your fiance must live in a state where the marriage is recognized, versus marrying in a state and going back to her home state.

This is not accurate information. You can marry in any of the 15 states or Washington, DC and then return to another non same sex marriage state. Immigration will recognize this.

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Hi! We would like to know the process for same sex fiance visa.

Can my fiance petition me even if she lives in a state where same sex marriage is not legal? what are the chances of us getting approved?

The first two replies are a bit misleading. You asked if your fiancée can petition you if she lives in a state where same-sex marriage is not legal - the answer is YES. Your fiancée can file an I-129F petition as long as you two marry within 90 days of entering the USA on a K-1 Visa in a state where same-sex marriage is legal.

As for process, just follow the same K-1 Visa guide and tips here on VJ and you'll be good to go. Use the Google Custom Search at the top right hand corner of this page.

Good luck!


ROC
18-Jul-2016: I-751 mailed via USPS
21-Jul-2016: Received at California Lockbox
21-Jul-2016: I-797 Notice of Action
25-Jul-2016: Cheque cashed
DONE with AOS! Journey took 241 days from US entry to the day I received my Green Card. goofy.gif
AOS
27-Feb-2014: US Entry
28-Feb-2014: Married
28-Feb-2014: I-485, I-765, I-131 sent via UPS
03-Mar-2014: Applied for SSN
07-Mar-2014: UPS package received by USCIS
11-Mar-2014: Received SSN
11-Mar-2014: NOA1 for AOS, EAD, AP
12-Mar-2014: Cheque cashed
20-Mar-2014: Biometrics appointment (04-Apr) letter received
21-Mar-2014: Successful early walk-in for biometrics
21-Apr-2014: EAD & AP approved (email & text)
24-Apr-2014: Email notice received re: combo card mailed to my address
28-Apr-2014: EAD/AP combo card received
17-Oct-2014: Green card approved
25-Oct-2014: Green card received

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The first two replies are a bit misleading. You asked if your fiancée can petition you if she lives in a state where same-sex marriage is not legal - the answer is YES. Your fiancée can file an I-129F petition as long as you two marry within 90 days of entering the USA on a K-1 Visa in a state where same-sex marriage is legal.

As for process, just follow the same K-1 Visa guide and tips here on VJ and you'll be good to go. Use the Google Custom Search at the top right hand corner of this page.

Good luck!

Thanks for clarifying that - I copied the paragraph from the USCIS website, but the way it is worded in response to the post is confusing. Oops!


s-event.png s-event.png
IR-1/CR-1 Visa : National Benefits Center NVC Received: 2014-01-08
Consulate : Montreal, Canada NVC Case Number: 2014-02-07
Marriage : 2013-02-22 Paid I-864 Bill: 2014-02-13
I-130 Sent : 2013-03-16 Sent I-864 Docs: 2014-02-14
I-130 NOA1 : 2013-03-20 Paid IV Bill: 2014-03-03
Trans. to NSC : 2013-11-05 Sent IV Docs: 2014-03-04
I-130 NOA2: 2013-12-16 Submitted DS-260: 2014-03-06

Case Complete 2014-03-21

Interview & APPROVED 2014-05-08

POE 2014-06-21

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My fiance lives in a state where same sex marriage is not yet legalize but yes your fiance can file a petition for you and intend to marry in a state that recognize same sex marriage. We just had our petition approved so take that from me! smile.png

Edited by vanessamaagad

AOS

7-25-2014 - Sent off the packet I-485 && I-765

7-29-2014 - Recieved NOA's

8-25-2014 - Appointment letter Received (Biometrics) Dated for 8/29/14

8-27-2014 - Early Walk-in SUCCESSFUL!

10-3-2014 - EAD CARD PRODUCTION!!

10-9-2014 - EAD has been Mailed - IN TRANSIT!

10-11-2014 - EAD Received!! :)

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Follow the same guide as everyone else, but be sure to state in your I-129F paperwork which state you intend to marry in and that it is legal there. Some have gotten RFEs and asked for this information. As pointed out, it is incorrect that you must live in a state that allows SSM.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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http://www.visajourney.com/forums/topic/441524-binational-same-sex-couples-show-up/

http://www.visajourney.com/forums/topic/471068-same-sex-peru-interview-approved/

http://www.visajourney.com/forums/topic/469314-same-sex-interview-todayvisa-approved/

http://www.visajourney.com/forums/topic/459321-gay-k-1-visa-approved/

http://www.visajourney.com/forums/topic/467771-another-k1-approval/

There are other fees, like mailings, plane tickets, hotel stays, medical fees, etc., but these are just the immigration form/processing fees:

I-129F petition fee: $340

Visa processing fee: $240

Adjustment of Status fee: $1070

Removal of Conditions fee: $590

Naturalization fee: $680

Total from petition to citizenship: $2920


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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We would like to know if there are new approved same sex couples here in the Philippines?

That's one of our main concerns.

Secondly, we would like to affirm that even if my USC fiance is from the state which same sex marriage is not legal we will still be approved.

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I am not sure what else you are wanting to know. You were already told that you do not need to reside in a state that allows SSM. You only need to marry in a state that does. Here is the USCIS site about SSM > http://www.uscis.gov/family/same-sex-marriages

You could search on your own for info specific to Manila, but I will start you out with these links >

http://www.abs-cbnnews.com/global-filipino/12/07/13/first-us-visa-same-sex-couples-issued-ph

http://www.visajourney.com/forums/topic/467277-same-sex-k1-us-embassy-maila/?p=6681935

http://www.visajourney.com/forums/topic/467277-same-sex-k1-us-embassy-maila/page-2#entry6681951


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Thanks for the very helpful links.

We are just looking for some comfort from approved couples especially those who doesn't live in a state that recognizes same sex marriage.

I apologize if we still have the same concerns. Please understand that we don't earn much and of course we don't want to get disappointed so we just want to make it right the first time.

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Thanks for the very helpful links.

We are just looking for some comfort from approved couples especially those who doesn't live in a state that recognizes same sex marriage.

I apologize if we still have the same concerns. Please understand that we don't earn much and of course we don't want to get disappointed so we just want to make it right the first time.

You really have to factor in the time - DOMA was only repealed at the end of June 2013. Some people sent in their application soon after, most waited a few weeks, some even months. According to current USCIS processing times, K-1 Visa application takes about 5-8 months, sometimes longer. That being said, it has only been six months since same-sex I-129F petitions have been allowed so if you're asking about same-sex I-129F/K-1 Visa approvals, there has been an increase in number but country-specific, no one really knows.

I will reiterate what has been relayed a number of times: regardless of which state the USC resides, same-sex couples can file for I-129F petition. Case approval is not based on the state, it is case-to-case basis. Approval highly depends on the correctness and completeness of submitted paperwork, proof of evidence of meeting in the two years immediately prior to filing, proof of bona fide relationship, etc. Jay-Kay has provided a lot of guides and useful links, I suggest studying those.

All of us want to do it right the first time, trust me. And all of us have to put in a good amount of time and effort to do research to be as knowledgeable and prepared as we possibly can.

Best of luck!

Edited by djv-tco

ROC
18-Jul-2016: I-751 mailed via USPS
21-Jul-2016: Received at California Lockbox
21-Jul-2016: I-797 Notice of Action
25-Jul-2016: Cheque cashed
DONE with AOS! Journey took 241 days from US entry to the day I received my Green Card. goofy.gif
AOS
27-Feb-2014: US Entry
28-Feb-2014: Married
28-Feb-2014: I-485, I-765, I-131 sent via UPS
03-Mar-2014: Applied for SSN
07-Mar-2014: UPS package received by USCIS
11-Mar-2014: Received SSN
11-Mar-2014: NOA1 for AOS, EAD, AP
12-Mar-2014: Cheque cashed
20-Mar-2014: Biometrics appointment (04-Apr) letter received
21-Mar-2014: Successful early walk-in for biometrics
21-Apr-2014: EAD & AP approved (email & text)
24-Apr-2014: Email notice received re: combo card mailed to my address
28-Apr-2014: EAD/AP combo card received
17-Oct-2014: Green card approved
25-Oct-2014: Green card received

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