Same Sex Fiance Visa

[pinayanne27 8]

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?

[gwenstar 66]

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

[sparkles_ 456]

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

[wornoutcowboy 6]

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.

[djv-tco 29]

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!

[gwenstar 66]

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!

[vanessamaagad 6]

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!

Edited December 19, 2013 by vanessamaagad

[pinayanne27 8]

^wow! When did you pass your application? And your fiance is from what state?

We would love to hear/know stories from other same sex couples so we can get tips.

How much is the total expenses? I'm from the Philippines.

[KayDeeCee 4,893]

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.

[pinayanne27 8]

^do you know anyone who got approved?

How much would be the estimated total costs of the process?

[KayDeeCee 4,893]

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

[pinayanne27 8]

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.

[KayDeeCee 4,893]

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

[pinayanne27 8]

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.

[djv-tco 29]

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 January 4, 2014 by djv-tco