Gay couple Form I-129F -> K-1 visa

[Daydreamer23 5]

Hello, I'm a 22-year-old gay Mongolian international student living in Japan. I'm having LDR with a 37-year-old American guy. I'll be graduating from university in 1.5 years. So I'll be liberated. We hadn't seen each other in over 2 years. As a result, I'm concerned that form I-129F will fail because we haven't met in a long time because of Covid. We're more than just friends. We discussed marriage and other topics. What should we do if we decide to get married? Traveling is difficult for me because I have a Mongolian passport. Developed countries don't issue visas to a citizen of 3rd world countries easily. I'd like to hear from anyone who has had an international same-sex marriage. How did the procedure go? How much time did it take? Do we have the same rights/benefits as conventional hetero couples? Thank you very much.

Edited September 8, 2022 by Daydreamer23
left out word.

[SalishSea 16,772]

50 minutes ago, Daydreamer23 said:

Do we have the same rights/benefits as conventional hetero couples?

Yes, at this time you absolutely do.  Same sex marriage is still legal in all 50 states, and the fiance visa process is no different for same sex vs opposite sex couples.  It generally is taking around two years now, from start to finish.

 

In order for your USC bf to file the fiance petition for you, you will have had to have met within the past two years.  That is an absolute requirement.  There are no waivers for Covid, or for being unable to get a US tourist visa.

 

If it has been longer than two years, could you meet in another country, or could he visit your country?

Edited September 8, 2022 by Jorgedig

[Daydreamer23 5]

7 minutes ago, Jorgedig said:

Yes, at this time you absolutely do.  Same sex marriage is still legal in all 50 states, and the fiance visa process is no different for same sex vs opposite sex couples.  It generally is taking around two years now, from start to finish.

 

In order for your USC bf to file the fiance petition for you, you will have had to have met within the past two years.  That is an absolute requirement.  There are no waivers for Covid, or for being unable to get a US tourist visa.

 

If it has been longer than two years, could you meet in another country, or could he visit your country?

Thank you for responding. Let's say I meet him during this winter vacation (only two weeks) in the United States. Can we marry if I came on a B2 general tourist visa? Following that, we will apply for my permanent residency visa. You mentioned that the process could take up to two years.
After that, I'd have to return to Japan to finish my studies. It will be ideal because I will be fresh out of college when my visa is finally approved.

[SalishSea 16,772]

Just now, Daydreamer23 said:

Thank you for responding. Let's say I meet him during this winter vacation (only two weeks) in the United States. Can we marry if I came on a B2 general tourist visa? Following that, we will apply for my permanent residency visa. You mentioned that the process could take up to two years.
After that, I'd have to return to Japan to finish my studies. It will be ideal because I will be fresh out of college when my visa is finally approved.

Do you have a B visa currently?

 

If you do, or if you are able to get one, you can travel and marry here on that trip.  He can petition you for a CR1 visa, which is superior to the K-1 anyway, and then you can go back to Japan to finish school and await the visa interview.

[Daydreamer23 5]

2 minutes ago, Jorgedig said:

Do you have a B visa currently?

 

If you do, or if you can get one, you can travel and marry here on that trip.  He can petition you for a CR1 visa, which is superior to the K-1 anyway, and then you can go back to Japan to finish school and await the visa interview.

No, I don't have a B visa yet. Should I hurry? How long does it take to a B2 visa to be approved? I'm almost gonna buy round-trip tickets.

[SalishSea 16,772]

Just now, Daydreamer23 said:

No, I don't have a B visa yet. Should I hurry? How long does it take to a B2 visa to be approved? I'm almost gonna buy round-trip tickets.

Don't buy tickets without a visa in hand.

 

I'm not sure how long for your consulate - you're a student in Japan?  You can easily find out B visa interview wait times by going to the US embassy Japan website.

[Daydreamer23 5]

I checked their website. Like every piece of information, there is tailored for Japanese people with a Japanese passport. It was a frustrating experience. But. yeah. I will check every corner of their website.

[SalishSea 16,772]

Just now, Daydreamer23 said:

I checked their website. Like every piece of information, there is tailored for Japanese people with a Japanese passport. It was a frustrating experience. But. yeah. I will check every corner of their website.

The wait times for a tourist visa interview will be the same, regardless of passport.

 

In general, you need to be a legal resident of the country you're interviewing in, even a temporary one.  Student visa would count.

 

Keep in mind though that B visas are adjudicated based on a person's ties to home.  They want you to demonstrate that you will need to return home after your visit, rather than try to stay in the US without a proper immigrant visa.

[Daydreamer23 5]

9 minutes ago, Jorgedig said:

The wait times for a tourist visa interview will be the same, regardless of passport.

 

In general, you need to be a legal resident of the country you're interviewing in, even a temporary one.  Student visa would count.

 

Keep in mind though that B visas are adjudicated based on a person's ties to home.  They want you to demonstrate that you will need to return home after your visit, rather than try to stay in the US without a proper immigrant visa.

Noted. I have a university to graduate from. I wouldn't try to misuse the system and overstay my visa ofc. I will return, I promise.

Edited September 8, 2022 by Daydreamer23

[carmel34 3,531]

4 hours ago, Daydreamer23 said:

I have a university to graduate from. I wouldn't try to misuse the system and overstay my visa ofc. I will return, I promise.

For a B2 application, a student temporarily in Japan, with a US boyfriend, a tourist visa may or may not be approved, certainly not a sure thing and even doubtful since the interviewing officer may not believe your promise to return.  Definitely have a backup plan to meet in Japan or a third country, and either get married then file an I-130 petition for a spousal visa (superior choice for many reasons, do more research on this option), or an I-129F for a fiancé visa.  Either way, your US citizen boyfriend initiates the process by filing a petition, so he needs to do the research and set up an account here on VJ to ask questions.  Documentation of visits, and time spent together (original boarding passes, passport stamps, hotel receipts, a few photos of the two of you together), will be required.  Good luck!

[powerpuff 5,905]

These are visa-free countries for Mongolian nationals. There are several countries that would allow you and your USC boyfriend in for a vacation and I think that would be much easier and faster than getting a B visa. Go for Thailand, I think that is the best option for the two of you 

 

http://ambasadamongolii.pl/countries-does-not-require-visa/

1	Belarus*	Up to 90 days	2013.09.04
2	Brazil	Up to 90 days	2015.09.21
3	Hong Kong	Up to 14 days	1998.06.18
4	Israel	Up to 30 days	1996.03.12
5	Kazakhstan	Up to 90 days	1994.12.02
6	Kyrgyzstan	Up to 90 days	1999.12.04
7	Cuba	Up to 30 days	2001.10.08
8	Macau	Up to 90 days	2004.07.03
9	Malaysia	Up to 30 days	1994.06.06
10	Singapore	Up to 14 days	1990.03.09
11	Ukraine**	Up to 90 days /with official invitation only/	–
12	Philippines	Up to 21 days	1994.05.13
13	China	Up to 30 days /for diplomatic, official or official E passport holders only/	1989.03.30
14	Turkey	Up to 30 days	2013.10.10
15	Laos	Up to 30 days	2007.10.14
16	Thailand	Up to 30 days	2008.01.13
17	Serbia	Up to 90 days	2013.11.08
18	Russian Federation	Up to 30 days /from 2014.11.14/	2014.09.03

Edited September 8, 2022 by powerpuff

[Daydreamer23 5]

30 minutes ago, powerpuff said:

These are visa-free countries for Mongolian nationals. There are several countries that would allow you and your USC boyfriend in for a vacation and I think that would be much easier and faster than getting a B visa. Go for Thailand, I think that is the best option for the two of you 

 

http://ambasadamongolii.pl/countries-does-not-require-visa/

1	Belarus*	Up to 90 days	2013.09.04
2	Brazil	Up to 90 days	2015.09.21
3	Hong Kong	Up to 14 days	1998.06.18
4	Israel	Up to 30 days	1996.03.12
5	Kazakhstan	Up to 90 days	1994.12.02
6	Kyrgyzstan	Up to 90 days	1999.12.04
7	Cuba	Up to 30 days	2001.10.08
8	Macau	Up to 90 days	2004.07.03
9	Malaysia	Up to 30 days	1994.06.06
10	Singapore	Up to 14 days	1990.03.09
11	Ukraine**	Up to 90 days /with official invitation only/	–
12	Philippines	Up to 21 days	1994.05.13
13	China	Up to 30 days /for diplomatic, official or official E passport holders only/	1989.03.30
14	Turkey	Up to 30 days	2013.10.10
15	Laos	Up to 30 days	2007.10.14
16	Thailand	Up to 30 days	2008.01.13
17	Serbia	Up to 90 days	2013.11.08
18	Russian Federation	Up to 30 days /from 2014.11.14/	2014.09.03

Thank you for the table. I really appreciate your help. But, those 18 countries have no significance. You cherry-picked the best countries I can visit without a visa. (Russia is ironically the most developed one among them, but like come on, it doesn't do anything to me.) We both aren't interested in going to these countries.

[powerpuff 5,905]

 

8 hours ago, Daydreamer23 said:

Traveling is difficult for me because I have a Mongolian passport.

I was addressing this statement and I only suggested Thailand if you re-read my post carefully. There are ways to solve the traveling issue but seems like you are not interested in exploring all possibilities. Good luck in your journey, immigration and LDR take a lot of effort on both sides. 

[Daydreamer23 5]

1 hour ago, carmel34 said:

For a B2 application, a student temporarily in Japan, with a US boyfriend, a tourist visa may or may not be approved, certainly not a sure thing and even doubtful since the interviewing officer may not believe your promise to return.  Definitely have a backup plan to meet in Japan or a third country, and either get married then file an I-130 petition for a spousal visa (superior choice for many reasons, do more research on this option), or an I-129F for a fiancé visa.  Either way, your US citizen boyfriend initiates the process by filing a petition, so he needs to do the research and set up an account here on VJ to ask questions.  Documentation of visits, and time spent together (original boarding passes, passport stamps, hotel receipts, a few photos of the two of you together), will be required.  Good luck!

Thank you for your reply. In order for my visa approval chance to increase, what should I do? Well, I might have to invite him if my visa gets rejected, but like Japan doesn't allow casual tourists by closing its' borders at the moment.

[Daydreamer23 5]

3 minutes ago, powerpuff said:

I was addressing this statement and I only suggested Thailand if you re-read my post carefully. There are ways to solve the traveling issue but seems like you are not interested in exploring all possibilities. Good luck in your journey, immigration and LDR takes a lot of effort on both sides. 

Thank you again. Yeah, Meeting in Thailand could be one possibility. But, that is next in line. Firstly, I will see if my visa gets approved. I have no reason to overstay or anything. I am close to getting my degree from Japan. Those immigration people have no reason to distrust me.