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

[Cathi 5,624]

26 minutes ago, Daydreamer23 said:

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. 

You don't need to convince anyone here that you won't overstay or that you won't leave at all, you have to convince the consulate where you interview. You need to show very strong ties and reasons that you will return home. Merely saying "I promise I will return" is not going to convince anyone. You need to understand that many, many, many people before you have said the same but made the choice to do the opposite. You can thank those that have gone before you for making it difficult to get a B2. Good luck.

[davidvs 320]

50 minutes ago, Daydreamer23 said:

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. 

You could go to Thailand, meet and get your I129 filed long before your tourist visa is processed and, most likely, denied. "Those immigration people" have EVERY reason to distust you.

[aurelius22 15]

1 hour ago, Daydreamer23 said:

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. 

I was in your shoes in December 2017. I was in my early 20s, originally from what you call “third world country,” an international student in China for many years. I also met a special American guy and wanted to visit him in the US. I was 8 months away from graduating from my college and I also had good intentions and no desire to overstay my B-2 visa and become without status in the US. I went to Beijing after thorough preparation, I spent lots of money for the trip and the interview and I was denied on the spot. I wasn’t even asked ONE question. I was denied within one minute of my interview. All I said was, “Hi! How are you?!” The Consul smiled and said, “I’m doing great! How are you?” But all she saw was a young woman from a low income country with no strong ties to her country of origin (no house, no employment, no husband, no kids, etc.) and she just denied me immediately. I brought lots of evidence and none of it was requested. 
 

Truth is consulates and embassies are harsh. People mostly get denied and approval rates are low for someone as young as you. The only people from my country who I know were approved for B visas were mostly people in their 40s who had history of travel to Europe and other high income countries, had a huge family back home and stable long term jobs.

 

I have no doubt that your intentions are pure and you don’t plan to cheat, but Consuls don’t give out visas based on promises. They look at facts. Being 1.5 years away from graduating is not enough.
 

In my opinion, you’re being a little over confident by thinking you have high chances of getting a B visa in your current position. It is highly unlikely that you will succeed. 
 

@Powerpuff gave you wonderful advice. Thailand is a beautiful destination and the best shot for you to see your boyfriend soon. I’m sure you can’t wait to see him anyway.
 

After your vacation together, your partner can submit I-129F and the wait for K-1 begins. 
 

I was crushed after my B-2 denial and I ended up graduating, going back home and asking my partner to move to my country of origin, so that we can date some more and live together before getting engaged. 
 

We are now happily married in the US and all is well. 
 

I wish you all the luck in the world! I truly hope you and your partner will see each other soon! I know the pain of long distance well. 
 

Warmly, 

aurelius22
 

[Kiana & Katarina 192]

I'm still in the process, so I can't tell you much. But we are a lesbian couple where the beneficiary's country does not allow same-sex marriage  I am scared that they might reject my fiancee at her embassy because they could make up some reason to deny her when it's really because the officer was simply homophobic...

 

Just the many things we have to deal with not being in straight relationships, unfortunately.. 

 

Good luck to you and wish you all the best!

[Maki&Kiki 123]

35 minutes ago, katiana said:

I'm still in the process, so I can't tell you much. But we are a lesbian couple where the beneficiary's country does not allow same-sex marriage  I am scared that they might reject my fiancee at her embassy because they could make up some reason to deny her when it's really because the officer was simply homophobic...

 

Just the many things we have to deal with not being in straight relationships, unfortunately.. 

 

Good luck to you and wish you all the best!

That’s not going to happen. In my experience all employers at Belgrade embassy (from security to CO) are very polite and professional. She will not get denied because she is lesbian i can promise you that. All they ask are basic questions, interview is pretty short and if you are genuine couple she will be okay~ 

 

As for obtaining b visa, if you have bf/gf in usa it’s super hard, even with strong ties :(. OP, I say go go for it, but keep your expectations low and have backup plan~

[carmel34 3,538]

44 minutes ago, katiana said:

I am scared that they might reject my fiancee at her embassy because they could make up some reason to deny her when it's really because the officer was simply homophobic...

I understand the fear, but the law is on your side, and the decision will be based on the facts of the case.  If you sent good, solid evidence of meeting at least once in the two years prior to submitting the I-129F petition, and satisfy all other requirements to qualify for a visa, it is likely to be approved. 

[Kiana & Katarina 192]

18 minutes ago, Kittinpaw said:

That’s not going to happen. In my experience all employers at Belgrade embassy (from security to CO) are very polite and professional. She will not get denied because she is lesbian i can promise you that. All they ask are basic questions, interview is pretty short and if you are genuine couple she will be okay~ 

 

As for obtaining b visa, if you have bf/gf in usa it’s super hard, even with strong ties :(. OP, I say go go for it, but keep your expectations low and have backup plan~

thank you so much!! really needed to hear this, you sometimes never know with serbia but this is good news

19 minutes ago, carmel34 said:

I understand the fear, but the law is on your side, and the decision will be based on the facts of the case.  If you sent good, solid evidence of meeting at least once in the two years prior to submitting the I-129F petition, and satisfy all other requirements to qualify for a visa, it is likely to be approved. 

thank you for the re-assurance! 

[Coco8 1,039]

Your BF should visit you in Japan. 

 

 

[Knome 245]

We are same sex couple. We applied for fiance visa in 2018. I came from developing country (India) my now wife is american citizen. India considered same sex relationship crime till late 2018 . Still we went ahead applied for K1 visa.  I applied for B1 for US got rejected. My wife came to India 3 times in 2 years of time period. We went to Thailand for vacation and we got engaged thr ( Thailand is really nice and gay Friendly country).  Our K1 visa got approved without any issues . Everyone in US embassy in India treated us nicely and without any bias. The whole process went smoothly 😊. So dont worry about anything. If your relationship is genuine no one can stop you.I am happily married to my wife now 😊

[AffableAndy 107]

I am in a same sex marriage now, but I was also was an international student with a relatively weak passport (Indian citizen, though I was a student in the US). While I was a US student, I got tourist visas within the US to the UK and EU with no issues, they just wanted to confirm that I was enrolled. One trip was to visit family in the US, the other was to visit a friend who was also an international student in Germany. Obviously there is always the risk of being rejected, but it was a very smooth and easy process.

 

After finishing my US undergrad I also got a B1/B2 for the US (albeit from India) with no issues, though of course I did not have a boyfriend at the time, we met when I came back for grad school a couple of years later.

 

It can be a little scary but you are in a developed country already and presumably following the regulations in Japan that relate to a student visa. I'd apply, worst thing that happens is you get denied and go meet up in Thailand or something instead. 

Edited September 8, 2022 by AffableAndy

[SalishSea 16,923]

7 hours ago, katiana said:

I'm still in the process, so I can't tell you much. But we are a lesbian couple where the beneficiary's country does not allow same-sex marriage  I am scared that they might reject my fiancee at her embassy because they could make up some reason to deny her when it's really because the officer was simply homophobic...

 

Just the many things we have to deal with not being in straight relationships, unfortunately.. 

 

Good luck to you and wish you all the best!

Same sex marriage is legal in the United States.  As long as the marriage was legal where it occurred, it will not be denied.

[Daydreamer23 5]

17 hours ago, Cathi said:

You don't need to convince anyone here that you won't overstay or that you won't leave at all, you have to convince the consulate where you interview. You need to show very strong ties and reasons that you will return home. Merely saying "I promise I will return" is not going to convince anyone. You need to understand that many, many, many people before you have said the same but made the choice to do the opposite. You can thank those that have gone before you for making it difficult to get a B2. Good luck.

Sorry for the delayed response. I reached my post limit yesterday, so I could only read the comments you all left for me. Today, I'm going to clear my mind, summarize things, and submit lengthy posts, Cathi, davidvs, aurelius22 I wanted to reply so badly.

 

My American friend says otherwise. He doesn't think my B-2 will be denied. In fact, I applied for B-2 and paid the application fee of approx. 26000円 ($180) yesterday after speaking with Jorgedig. The fees are non-refundable. So, I'm hoping you'll all advise me to take this route (B-2) for the time being. I could be a complete moron. But let me act young and dumb shortly because I didn't have a good childhood (big chunks were bullying at school, domestic violence at home, and depression).

 

The following are the reasons:

1) I am a recipient of a Japanese government scholarship. I was awarded a highly sought-after scholarship.

I will present this fact to the immigration officer. Japan is more advanced than the rest of the world in many ways and has a high standard of living.

He/she may believe I'm not going to blow this opportunity I worked so hard for.

 

2) Japan is the place I call home these days more than Mongolia; I'm financially and academically connected to this country, but not emotionally or socially.

If I leave this country, I will lose a lot of money, my degree, and possibly my bright future. I will also present this fact to the immigration officer.

 

3) I'm a global member of an NGO called oSTEM. I'll bring up that I'm affiliated with a US-based organization.

This organization is dedicated to LGBT STEM students and professionals. They do, however, only operate in the US, UK, and Canada.

Unfortunately, because I didn't live in the same country as them, I never felt like I belonged.

I'm going to shamelessly ask them to assist me as well.

 

4) I purposefully chose a more relaxed, less crowded embassy for the interview location. So it must have something to do with the success rate, right?

I'll put on my natural smile and compliment his/her outfit to brighten his/her mood, haha. The probability of success jumps may jump slightly. Something is better than nothing.

 

5)I'll need to make a copy of my bankbook to prove I have enough money. Because I can afford to travel, the problem is my passport was issued from ...

I mean, surprisingly I didn't find the phrase "third-world country" to be offensive. I am sorry anyways, you seemed a bit offended, aurelius22.

 

aurelius22, your story is so inspiring, and I completely understand you. I shed tears. I wish you the best of luck in everything you do.

 

katiana, Yeah I can't imagine Serbia being LGBT-friendly. I understand your pain.

 

Coco8, Japanese borders are closed to individual tourism. We don't know how long it will stay that way.

 

Knome, Thank you, what a nice story. I'm just so happy for you two.

 

AffableAndy, Thank you, buddy. I feel like being int. student of Japan has similar status as being int. student of the US. aurelius22, that's why I came off as "overly confident".

 

I'll look into Thailand. I felt blessed because of you all. You care.

Edited September 9, 2022 by Daydreamer23
name format!?

[slavaskii 885]

This was a really nice thread to read. Glad to see people coming together here.

 

OP, I do need to comment on the B2 success rate, as my wife also applied for a B2 several times while in university and was denied (was my girlfriend and later fiancee at the time). I am the first person to say that having a SO in the United States is not a guaranteed denial, because she did get one on try three from a very difficult embassy now closed (Minsk). However, I can't really pinpoint why the third time was the charm. All I know is that after the second denial, the officer told her to return in a year. She did, I came with and waited at the bus stop outside, and sure enough - visa received. 

 

If I had to make any guess, the fact she always told the truth for over a year convinced the officer she, indeed, was going as a tourist. But this is near impossible to prove on try 1. From looking over your evidence, I can say the scholarship will mean very little to them and they probably won't even look at it. True, you can bring whatever evidence you'd like, but they are under no obligation to view it. Same thing with the bank records. In fact, because of your affiliation with oSTEM, the officer may believe you already have enough connections elsewhere to leave. The fact your SO can already sponsor you for the K1 militates against you having trouble rebuilding a life in America. 

 

Additionally, and this isn't often discussed but I did see it mentioned before when I was researching the B2, third country national applicants (TCNs) apparently get rejected more than those who live in the embassy's country. This is because it's presumed the applicant is 'shopping' for an easier embassy. I read a story a while back about an individual from Southeast Asia who got approved for a B2 at another country's embassy, but then received a rejection while his visa was being processed.

 

I wish you the best of luck and I do encourage you to go forward with the B2 interview, telling the truth about your SO, your ties, etc. However, I feel obliged to comment after seeing what your American friend advised. I was extraordinarily heartbroken when my wife didn't get the visa, and I wish someone told me how unlikely it was on the first couple tries. Keep in touch!