posting for a friend please help

[anoras87 9]

i am not on this situation but my friend is and ask for some advice on how to go about.

background:

my friend ( boy) who is a filipino met had a girlfriend who is a us citizen. my friend is bisexual and his gf knows about it and is ok with it. they decided to get marry so they applied for k1 visa last march2013. got approved and my friend flew to the Us last september. while they were together and planning for their marriage. my friend got cold feet and fear that he may not be able to live up to her gfs expectation of being a true male. so he explained the situation to the girl. the girl altho was hurt but understand. my friend flew back to philippines after 3 weeks of staying in the us. before he left, he took a flight going to new orleans to meet his long time friend and x partner (male). stayed there for 4 days and fly out. now my friend and his x partner(male) is getting along and is coming herr in the philippines to visit. my friend told me that they are getting along and his x wants to marry him tho he is not sure yet. hes partner is coming over on may. his questions that he wants advicesre the following:

1. if they are going to get along pretty well and plans to get marry and apply for another k1. will he encounter any problem during the process?

2. is there any timel frame that he should wait before his soon to be fiancee as i may say it that way, will file a k1 visa for him?

thank you for your advice.

[meagan 3]

If they are going to get married then file they can not do a k1. that us for finance visa only. they will need to file cr-1 if they plan to marry before they file

[anoras87 9]

If they are going to get married then file they can not do a k1. that us for finance visa only. they will need to file cr-1 if they plan to marry before they file

u must have misunderstood my inquiry, my friend and his fiancee(girl) are no longer together. and hes back in his home country. him and his gay partner are getting along pretty well now. not the girl.

[Penguin_ie 5,994]

The ex-current-again can file. There WILL be questions about the past K1 and why it didn't work out so quickly, so be prepared with lots of relationship evidence.

[ashleyphilly 70]

I think your friend's ex fiancee should withdraw the petition first. Then the new fiancee can file a petition

[NigeriaorBust 4,087]

There will be questions about why if he is gay he had a girl file the previous petition ( seems like fraud) but there is nothing preventing the new man from filing for him. What will seem stranger is the stop over to see him while abandoning her.

[ashleyphilly 70]

There will be questions about why if he is gay he had a girl file the previous petition ( seems like fraud) but there is nothing preventing the new man from filing for him. What will seem stranger is the stop over to see him while abandoning her.

I didn't think about that. Then I think the beneficiary should write a letter stating that he is bi-sexual, the first petitioner was a woman, and the second is a man. This letter should be included in the new petition.

[anoras87 9]

There will be questions about why if he is gay he had a girl file the previous petition ( seems like fraud) but there is nothing preventing the new man from filing for him. What will seem stranger is the stop over to see him while abandoning her.

as far as i know gay and bisexual are different. he told me, he just want to see him and thats it. nothing else he told me

[Sarah Elle-Même 660]

OP,

It will be tough going for your friend, but it's not necessarily insurmountable if he can commit to his boyfriend and is willing to be in it for the long haul. They will need to provide a lot of evidence of their meeting(s) and of their ongoing relationship. Proving a bonafide relationship will probably be a big hurdle, though it helps that he left the US without marrying the woman. No one can say for sure what challenges he will have. Visas for same-sex couples are relatively uncharted waters and everyone is learning as they go along.

So, I say, they have their trip together, they see how it goes, and take it from there. As long as the I-129F (Fiance) petition is filed within 2 years of meeting and both are free to marry, you've met the requirements to file.

Edit: oh yes and the former fiancee needs to withdraw the petition, if she hasn't done so already.

Edited December 30, 2013 by Sarah and Adnan

[TBoneTX 45,536]

One nonresponsive post and two quoting it (including one with a Terms of Service violation, for which administrative action has been applied) have been removed. Please stick to the OP's question.

TBoneTX

on behalf of VJ Moderation

Edited December 30, 2013 by TBoneTX

[Boiler 45,666]

This may well be a VJ first so let us know how it goes.