Help my K1 same sex visa was denied

[Boiler 43,359]

There is quite possibly something else that has not been mentioned but looking at what has been said now:

The B sounds like it was for an accompanying Domestic Servant which is allowed and could have worked as a Nanny.

[NikLR 13,220]

there is a lot of great advice and I will take it.. but there is also a lot of negativity that quite frankly I don't need or have to listen to. I am not blind and I can see there are genuine people trying to help.

If you feel people have been rude, please report the post so that the moderation team can make an assessment and take action as necessary.

I honestly agree with the poster who said you should get married before filing again.

[dwheels76 5,458]

Could it possible be because the "Nannygate" Visa denial and now you are going for a K1 that they think you are just petending to be a same sex cope to get her to US.

I mean it has happened on these vary pages where someone posted "I am a man, I married a girl to come to us. I told her i am gay. Now I am in love with a boy and want him here in us with me".

Seems the CO doubt the validity of your relationship and all. What kind of merging of lives have you shown? Your wedding plans and all that stuff.

And well also like I have told people nothing says commitment like marriage. 10 years together and not married even for same sex? They might think its all a setup.

[Sukie 1,439]

Could it possible be because the "Nannygate" Visa denial and now you are going for a K1 that they think you are just petending to be a same sex cope to get her to US.

I mean it has happened on these vary pages where someone posted "I am a man, I married a girl to come to us. I told her i am gay. Now I am in love with a boy and want him here in us with me".

Seems the CO doubt the validity of your relationship and all. What kind of merging of lives have you shown? Your wedding plans and all that stuff.

And well also like I have told people nothing says commitment like marriage. 10 years together and not married even for same sex? They might think its all a setup.

dwheels, dear girl,

If the Filipina cannot get to the US, then how can this poor same-sex couple get married? The Philippines will certainly not marry them. For both parties to get visas to a country where they COULD marry (and it looks like Brazil is the only current option) is difficult and expensive. And, the possibilities for a USC to bring a same-sex partner to the US is only one year old.

If they've been together for 10 years, it might still be hard to prove this, as they might not have been able to do anything (legally) together in the Philippines to prove they are together.

Also - I myself COULD have gotten married to my Australian partner three years prior to DOMA's demise, but my immigration attorney said NOT to - as it would affect my partner's safety in trying to enter the US on the Visa Waiver Program.

So...go easy on this couple for not marrying. They have had the option denied them in the US until last year, and then when they tried, it blew up in their faces.

OP - please tell me that your immigration attorney is a SPECIALIST in same-sex cases in the US...

Sukie in NY

[Ebunoluwa 6,136]

There is quite possibly something else that has not been mentioned but looking at what has been said now:

The B sounds like it was for an accompanying Domestic Servant which is allowed and could have worked as a Nanny.

Yes, there is a B1 for the domestic worker to follow/accompany his/her employer.

If this visa was used then it was established that they had a working relationship at that time.

If that is so and they 'later' fell in love then the dates of the relationship timeline flow should be in sync with previous claim.

If they were 'together as a couple' already when this B1 you have mentioned was filed (as domestic worker) then there are inconsistencies

that would confuse the CO.

OP mentioned bosses fall in love with their workers.....I don't know what came first, the chicken or the egg at this point.

Personal or domestic employees who are accompanying or following to join an employer in the United States are eligible for B-1 visas. This category of persons includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, nannies, and gardeners. Domestic employees are eligible to qualify to accompany a non-immigrant visa holder or an American citizen.

Since we are getting just bits and pieces it is really difficult to understand the entire situation.

[Beautifulday 16]

Yes, there is a B1 for the domestic worker to follow/accompany his/her employer.

If this visa was used then it was established that they had a working relationship at that time.

If that is so and they 'later' fell in love then the dates of the relationship timeline flow should be in sync with previous claim.

If they were 'together as a couple' already when this B1 you have mentioned was filed (as domestic worker) then there are inconsistencies

that would confuse the CO.

OP mentioned bosses fall in love with their workers.....I don't know what came first, the chicken or the egg at this point.

Personal or domestic employees who are accompanying or following to join an employer in the United States are eligible for B-1 visas. This category of persons includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, nannies, and gardeners. Domestic employees are eligible to qualify to accompany a non-immigrant visa holder or an American citizen.

Since we are getting just bits and pieces it is really difficult to understand the entire situation.

if that is the case then i wonder WHY her fiancee got denied that b1 visa....

[dwheels76 5,458]

dwheels, dear girl,

If the Filipina cannot get to the US, then how can this poor same-sex couple get married? The Philippines will certainly not marry them. For both parties to get visas to a country where they COULD marry (and it looks like Brazil is the only current option) is difficult and expensive. And, the possibilities for a USC to bring a same-sex partner to the US is only one year old.

If they've been together for 10 years, it might still be hard to prove this, as they might not have been able to do anything (legally) together in the Philippines to prove they are together.

Also - I myself COULD have gotten married to my Australian partner three years prior to DOMA's demise, but my immigration attorney said NOT to - as it would affect my partner's safety in trying to enter the US on the Visa Waiver Program.

So...go easy on this couple for not marrying. They have had the option denied them in the US until last year, and then when they tried, it blew up in their faces.

OP - please tell me that your immigration attorney is a SPECIALIST in same-sex cases in the US...

Sukie in NY

No No you miss understood me. I was just trying to think what if's as CO's think not me. I know there are few places on earth for Same sex to get married.

And as you say opposite sex couples have been together for years have kids and been denied. I am sorry my intention surely wasn't to come across as "what is wrong with you all". or "why don't you just get married". Sorry.

[Ebunoluwa 6,136]

if that is the case then i wonder WHY her fiancee got denied that b1 visa....

It is not unusual to ger denied a B1/B2 from certain countries, rather the norm.

[Schulley 20]

You may also want to check out Immigration Equality: http://immigrationequality.org/. They provide (sometimes pro bono) legal services and are THE experts on issues unique to same-sex couples post Windsor.

[a@c 3]

dwheels, dear girl,

If the Filipina cannot get to the US, then how can this poor same-sex couple get married? The Philippines will certainly not marry them. For both parties to get visas to a country where they COULD marry (and it looks like Brazil is the only current option) is difficult and expensive. And, the possibilities for a USC to bring a same-sex partner to the US is only one year old.

If they've been together for 10 years, it might still be hard to prove this, as they might not have been able to do anything (legally) together in the Philippines to prove they are together.

Also - I myself COULD have gotten married to my Australian partner three years prior to DOMA's demise, but my immigration attorney said NOT to - as it would affect my partner's safety in trying to enter the US on the Visa Waiver Program.

So...go easy on this couple for not marrying. They have had the option denied them in the US until last year, and then when they tried, it blew up in their faces.

OP - please tell me that your immigration attorney is a SPECIALIST in same-sex cases in the US...

Sukie in NY

Sukie,

I thank you for your kindness, yes I do a have a very strong Immigration attorney. I hope to hear this next week what our next step us. The day it was denied he called the senators office as well as some other people in power. ( Not sure who). I really do hope they see this for what it is.. my small family, I just want us to be together without having to live in the Philippines like I did for 10 years. I miss so much, my mom getting old.. my older brothers wedding my closest brothers passing.. .not to mention many more. It just does not seem fair. So, I hope we see some thing positive sooner than later.

[a@c 3]

So do we just re-apply, making sure all of the dates from the denied b1b2 match up ? or go to Brazil get married and then apply? what are the best chances.. this is such an exhausting process. what are the chances with a second interview with a denial on file we would get approved?

[a@c 3]

also, when I spoke to the UCIS today they said they approved it once so they would likely approve it again once its sent back to them. What are the chances of this happening?

[Ian H. 207]

Getting married is definitely a choice and you can file for a spouse visa. You really have to overcome the reasons for the first denial and prove with overwhelming evidence that you are a legitimate couple.

Now, like I said before Brazil may not be a good choice because the marriage case is under appeal and I don't know what would happen to same sex marriages that were performed in the interim.

I would consider Mexico, Argentina, or other countries where they also allow SSM and visas may be easier to obtain for a Filipino citizen than European countries or Canada.

You can check out Brazil, but if they overturn the marriage decision before your spouse becomes an LPR, I wouldn't know if your marriage would still be valid for immigration purposes. So you may want to consult a lawyer regarding this. The reason I recommended the other countries is because SSM is formally established and not under appeal.

[kehills 217]

also, when I spoke to the UCIS today they said they approved it once so they would likely approve it again once its sent back to them. What are the chances of this happening?

As already noted, not many folks have seen K1 VISAs re-sent once it goes back to USCIS; the petition normally dies. If you have a really aggressive attorney and a sympathetic immigration person within your congressional office, they might be able to forestall the dying of the petition and have it re-approved and re-sent. (But given that it apparently said no appeal on your 221g, I'm not sure what the likelihood of this is.)

That doesn't matter, though, because it doesn't fix the problem you have with the State Department/Consulate, which is that they don't believe your relationship is legit. The chances of them believing it's legit if USCIS sends it back, is probably not very good. (Note: it might help here to make sure that you understand USCIS is part of DHS and not DoS; they're cooperating agencies, but just because USCIS says yes doesn't mean DoS is required to.)

I really honestly think you are beyond a DIY situation at this point. I completely understand and sympathize with wanting to do whatever is necessary to be with your partner, and the frustration of following advice you paid for and thought was good, only to find out years later that it's hurting you now. I cannot even begin to imagine the rage and frustration that must create-and this is why I think you need to find a good lawyer experienced (as much as possible) in this sort of situation. As long as the rest of your timeline matches up accurately (and that's hard to say because you haven't given us a lot of linear information, so I'm merely going on what I've gotten from this thread*), a good lawyer should be able to use that to your advantage (and help you work with DoS utilizing Windsor in particular).

*Note: I realize you feel like VJ members are just being nosy, judgmental, etc. This is NOT the case.. well, mostly. There's a wide range of knowledge in VJ member heads, in part because some of the older members have stayed active here years after their own immigration journey has finished. They do so because they want to help others - but the only way to accurately assist other people is have all the information, even the stuff no one wants to share. (See the entire waiver forum for how detailed and raw things can get, and how people still help.)

Luck.

[Mariana M. 18]

If you decide to come to Brazil and before I go to the US, I'll be glad to help in any way I can!