Same sex couple - Should we apply for K1 now or wait?

[geowrian 22,336]

1 minute ago, EandH0904 said:

Uscis reports China refusal rate of 12.35%

USCIS doesn't issue visas.

DOS B visa refusal rates for fiscal year 2017 (latest available): https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY17.pdf

China: 14.57%

[EandH0904 1,184]

1 minute ago, geowrian said:

USCIS doesn't issue visas.

DOS B visa refusal rates for fiscal year 2017 (latest available): https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY17.pdf

China: 14.57%

Thank you for correcting me. My bad. I think I was looking at 2016

[bakphx1 785]

1 hour ago, geowrian said:

You can get married outside China, although I'm not aware if there are consequences for doing so once you return to China (it's fine for the US, but you still need to deal with China in the meantime). If so, this may be a situation where the K-1 is the better option.

Not sure what you mean by “you still need to deal with China in the meantime.”  

 

Having done SSM with the citizen of a country that didn’t recognize it, we had no issue.  We simply didn’t record the marriage in Honduras as you normally would.  The steps and paperwork related to the visa involved nothing different.  We simply remain single in countries where it’s not recognized.  

[geowrian 22,336]

33 minutes ago, bakphx1 said:

Not sure what you mean by “you still need to deal with China in the meantime.”  

 

Having done SSM with the citizen of a country that didn’t recognize it, we had no issue.  We simply didn’t record the marriage in Honduras as you normally would.  The steps and paperwork related to the visa involved nothing different.  We simply remain single in countries where it’s not recognized.  

It means I don't know the local culture and if/how the government would treat somebody who is in a SSM. Declaring your marital status (even if not recognized locally) may be necessary upon entry into the country, or you may be asked by an official about it, or you may be asked while obtaining various documents needed for the visa process (i.e. police clearances or similar). These concerns are region-specific, and I simply don't know if or how they apply in the OP's case. There's a difference between the government not recognizing said marriage and laws that punish it. The US can offer some protections for the USC, but the non-USC is on their own. I don't think it's an issue with China, but I don't know that's the case either.

 

There are some countries where people have been arrested or otherwise punished after getting married abroad in violation of local law. There was a case recently where somebody from KSA (well, them + their child) was deported because the marriage was not legal within KSA. Another example is the Philippines...they don't recognize divorce (except in some cases with non-Filipino citizens, or some cases with an Islamic marriage). One can divorce abroad, marry (anywhere), and be eligible for a US visa. However, technically they can be arrested within the Philippines for bigamy since they are still married there and the divorce is not recognized, even if the second marriage was never registered within the Philippines.

 

The point is that you must still deal with local laws during the process. The US visa process is exactly the same as any other marriage, though...no disagreement there at all.

Edited May 29, 2018 by geowrian

[bakphx1 785]

2 hours ago, geowrian said:

It means I don't know the local culture and if/how the government would treat somebody who is in a SSM. Declaring your marital status (even if not recognized locally) may be necessary upon entry into the country, or you may be asked by an official about it, or you may be asked while obtaining various documents needed for the visa process (i.e. police clearances or similar). These concerns are region-specific, and I simply don't know if or how they apply in the OP's case. There's a difference between the government not recognizing said marriage and laws that punish it.

 

The point is that you must still deal with local laws during the process. The US visa process is exactly the same as any other marriage, though...no disagreement there at all.

True, there’s  are countries that can be hostile and best bet is get out on a K1 quickly and not go back.  Fortunately, that’s not a problem in most places we travel.  

 

My husband’s country is a bit homophobic so there were more issues on a personal level, rather than the government 

 

There’s no criminal code against same sex relationships in China and my understanding is that the government doesn’t really have an interest in the subject either way.  It neither has a particular problem with it, nor does it recognize them or give rights to same sex couples.  Living there can be a bit different from the official position, but I don’t think it’s hostile.