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LGBT: Fiancé visa for a Cambodian

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Filed: K-1 Visa Country: Cambodia
Timeline

I’m a natural born USC. I met my BF in Cambodia and am interested in bringing him to the US on a fiancé visa. We are both male, I’m 38 and he’s 20. I’m here looking only for immigration advice, not personal opinions or judgments about our relationship. 

When we first met, I was turned off by the age gap. It wasn’t supposed to be serious but has grown into a great, stable, and fulfilling relationship for both of us. There is admittedly a large age gap, but because of the cultural difference, not a large maturity gap. He’s far more mature than anyone I’ve dated before, even those closer to my age. Being from Cambodia, it’s difficult for him to immigrate anywhere. I’m looking into the possibility of the fiancé visa, as we can legally get married in the US. I’ve been to Cambodia 3 times in the last year. The first two times were a month long each, and the 3rd and most recent time(Feb), I decided to live here for a year and I’m currently studying at a language school. We live together, spend time together, and share friends together, much like any other relationship. He’s successful and doesn’t get any money from me. We split all the bills and share all expenses equally. I say all of this to say that it’s a normal, healthy, functioning relationship. We have FaceTimed every single day that we were apart since we met. We’ve got every (thousands of messages) communication between us saved. Lots of pics of us traveling and spending time together. I’m close with his family and we have mutual friends. He speaks fluent American English. He seems older and I seem younger than our respective ages. This is a normal, legitimate relationship.

 

 Next year I have to decide whether to go back to the US or continue staying here. We would both like to live in the US. I sold everything and have been traveling for the last year - I do not have a job waiting for me in the US but based on my qualifications, it will be super easy to get one the week I land. I have savings that will cover each of us above and beyond the Poverty Guideline requirement. He’s healthy with no criminal record and has traveled to several ASEAN countries with no visa issues. I’m also healthy with no visa or legal issues. 

What is my best course of action here and how long should I expect this to take? Do I need to hire an immigration lawyer? Any hiccups/issues I should be especially aware of? Is the age gap going to cause problems? I appreciate any insight from anyone who’s dealt with this, it’s all a bit overwhelming. 

02/24/2020 K1 I-129F Sent via DHL from Cambodia to Lewisville

02/27/2020 - K1 I-129F Package Received & Signed For in Lewisville

03/04/2020 - Credit Card Charged for Processing Fee

03/05/2020 - NOA1

10/03/2020 - Outside Normal Processing Time Inquiry Request Submitted

10/14/2020 - NOA2

10/16/2020 - Outside Normal Processing Time Inquiry Request Responded To (reflected NOA2)

11/10/2020 - Received K1 FTP

11/10/2020 - In Transit to Embassy

11/15/2020 - Arrival at Embassy

12/05/2020 - Filed DS-160

12/15/2020 - Embassy Issues Appointment Date

01/29/2021 - Interview & Approval

02/05/2021 - K1 Visa In Hand

03/06/2021 - Arrival in US POE

04/19/2021 - Marriage

05/11/2021 - AOS/EAD/AP Packet Sent

05/12/2021 - Packet Received @ Chicago Lockbox

05/22/2021 - AOS/EAD NOA1 Received

08/14/2021 - AOS & EAD Biometrics Notice

09/07/2021 - AOS & EAD Biometrics Appointment Completed

09/11/2021 - AP Biometrics Notice

09/21/2021 - AOS Interview Appointment Notice

10/04/2021 - AP Biometrics Appointment Completed

10/29/2021 - AOS Interview & Approval

11/06/2021 - Greencard Received via USPS

 

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No reason not to file for a K1. Hiccups would be in the form of criminal charges, finances or things like that. Regarding the age difference; you would not be the first or the last couple with an age difference, as long as you have good solid evidence of a relationship (seeing that you are now together I think that’s also not an issue) you should not have any worries! Not regarding to the rules or the nature of your relationship.

For the processes: use the ‘Guides’ tab to get a full understanding of the K1 or CR1 processes.

Good luck on your immigration journey! 👍🏻

 

 

Edited by Daphne K
Typo

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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  • 1 month later...
Filed: K-1 Visa Country: Cambodia
Timeline

Thank you Daphne! One thing I’m having trouble finding a clear answer on is whether or not I need to be back in the US working when we file or at the time of interview. My savings will cover us for a year above the Federal Poverty Guidelines but I’ve also been told that I need to be currently employed at the time of interview or we will get rejected. Can anyone shed some light on this? 

 

Also, do I need to be in the US to file a K1 petition or can I do it at the embassy here in Cambodia?

Edited by APA

02/24/2020 K1 I-129F Sent via DHL from Cambodia to Lewisville

02/27/2020 - K1 I-129F Package Received & Signed For in Lewisville

03/04/2020 - Credit Card Charged for Processing Fee

03/05/2020 - NOA1

10/03/2020 - Outside Normal Processing Time Inquiry Request Submitted

10/14/2020 - NOA2

10/16/2020 - Outside Normal Processing Time Inquiry Request Responded To (reflected NOA2)

11/10/2020 - Received K1 FTP

11/10/2020 - In Transit to Embassy

11/15/2020 - Arrival at Embassy

12/05/2020 - Filed DS-160

12/15/2020 - Embassy Issues Appointment Date

01/29/2021 - Interview & Approval

02/05/2021 - K1 Visa In Hand

03/06/2021 - Arrival in US POE

04/19/2021 - Marriage

05/11/2021 - AOS/EAD/AP Packet Sent

05/12/2021 - Packet Received @ Chicago Lockbox

05/22/2021 - AOS/EAD NOA1 Received

08/14/2021 - AOS & EAD Biometrics Notice

09/07/2021 - AOS & EAD Biometrics Appointment Completed

09/11/2021 - AP Biometrics Notice

09/21/2021 - AOS Interview Appointment Notice

10/04/2021 - AP Biometrics Appointment Completed

10/29/2021 - AOS Interview & Approval

11/06/2021 - Greencard Received via USPS

 

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Filed: Other Country: Philippines
Timeline

 

Under the "Where to file" tab are the addresses for filing the I-129f

 

https://www.uscis.gov/i-129f

 

You will need employment or a co-sponsor.     You income must meet or exceed the Poverty Guidelines.    Using savings as an asset it must other requirements

 

Here is a link to the USCIS  I-864P Poverty Guidelines:  https://www.uscis.gov/i-864p

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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