ggsacks

Same-sex filers from July at CSC here with an NOA1 date of 07/22. Promising seeing all these approvals coming through so quick'

The reason I am asking here after looking through tons of information already on the forums is, well, because I'm still unclear how this works. I'm sure you'll all appreciate how confusing this whole process can be, and how much conflicting information there is.

For instance, a lot of posts seem to suggest that proof of domicile is not required for the K-1 and is only an issue for IR-1/CR-1. An equal number of posts say that it is a requirement. I'm trying to get a definitive answer on what is required of us, and at what point we need to show it.

Thanks so much.

Hi, we are in a similar situation as we're both living and working in Oz - basically from what I've read on this site is that the Consulates in NZ and Australia are pretty understanding.

If your USC fiance has a US driver's license that is still valid, plus some sort of US address to use as an initial base (a relative or a good friend), that is helpful.

Ideally your USC fiance would have some sort of job offer, otherwise the self-employed typically show 3 last tax returns. Alternately if he has enough assets, that also can work.

In our situation, I still have an AZ driver's license and am using my nephew's address in AZ (with his permission, haha), plus I still have bank accounts in the US that go to his address. Anything like that helps as well.

Good luck!

Thanks

He still has a US bank account which we plan to transfer money into ahead of the move back. His mail is redirected from his old apartment in New York to his parents' place in Washington (which is also what we used as the address on the I-129F). He doesn't drive, being a north Brooklyite, but has a valid New York State ID, as well as all his furniture in storage in Brooklyn (for which the bills are being sent to the Washington address).

Unfortunately he hasn't been able to work here yet so we are fast running out of money, which means he's unlikely to be able to travel back to the States to reestablish himself before my interview. Given that we likely won't be heading back until 3 or so months after the interview, I'm sure his chances at having a job lined up already are slim.

Type domicile in the search block in the upper right corner.

Yes, thanks, I have.

My question still stands.

Hi all

First of all thanks for collectively being such a great resource. With great thanks to the people here, we've filed our I-129F and received NOA1.

I'm just looking for clarification on domicile requirements now. We'll be using a co-sponsor as my American fiance is living with me in New Zealand temporarily (he arrived a month ago) until we return to the US.

We made a decision ages ago that we couldn't wait in uncertainty any more for a ruling on DOMA, and that he would make arrangements to come to New Zealand - on a temporary basis if there was a ruling in our favour, or more permanently if there wasn't.

He has given up his apartment and full time job in the US (he is also a self employed writer), but has kept all of his furniture in a storage unit in New York. Our intention, should everything go to plan, is to travel to the States in late February to coincide with his best friend's wedding - they're going on honeymoon so their house will be empty for a month, giving us a place to stay while we get ourselves sorted again.

Any suggestions on what we can do to prove domicile would be really helpful.

Thanks!

Congrats espared12! We filed ours a couple days before you and received NOA1 a week after the package was received. Now the fun part - the waiting - has begun!

We sent our K-1 application on the 15th of July from New Zealand. The package was delivered to USCIS in Texas on the 18th, and we received email notification of acceptance on the 23rd

Actually article 3 is the issue at hand that prohibits federal recognition of my state's right to marry. Windsor v. United States is the case will cause Article 3 to be ruled unconstitutional.

Don't worry I'm all too aware of this, hence the fourth sentence of my post "The only current bar to allowing same-sex couples federal recognition and benefits is §3 of DOMA..."

Congratulations Tim & Keno. We're in the same boat as you, waiting (terribly impatiently) to file for a K-1 visa as soon as DOMA is struck down.

I have all the faith in the world that this will be our year.

OK, but K-1s are for fiancees. Also a marriage between a man/woman in New York MUST be recognized it Texas under the "full faith and credit" clause of the constitution...so why not a same sex marriage? DOMA? Maybe.

I am just saying, as with many legal issues before this, a Supreme Court ruling becomes a precedent for other rulings. One cannot reasonably expect that the SCOTUS is going to strike down DOMA and at the same time force all other states to comply and order the issuance of K-1 visas to same sex couples, AND ... it simply is not within the scope of the case at hand.

The ruling this year will be a cornerstone and it may be years before there are other rulings. Just as the ruling in 1955 did not immediately end all segregation and discrimnation against blacks and it took another 10 years and more federal legislation to accomplish, based on that ruling.

Te Obama administration has been pro-Gay rights so Obama may issue an executive order to USCIS to issue same sex K-1s and CR-1s based on a ruling striking down DOMA and could do it the same day. But maybe not.

Keep in mind any petition filed before it is clearly established that same sex K-1s are to be issued will likely be denied and need to be re-filed

I don't believe this to be correct. The states do not issue any visas (including K-1). USCIS is an arm of the DHS, which itself is a department of the federal government. The only current bar to allowing same-sex couples federal recognition and benefits is §3 of DOMA which currently states that marriage as defined federally is limited to one man and one woman. Once DOMA is struck down, same-sex spouses or fiancés will be recognised in the same way opposite-sex spouses and fiancés are right now, allowing them to receive the same federal benefits including immigration. No legislation actually needs to be passed to allow the federal recognition of same-sex relationships. Presumably, as long as the petitioner is resident of a state that performs federally recognised same-sex marriages, they will be treated equally for immigration.

The hazy area is §2 of DOMA which allows states without marriage equality to not recognise same-sex marriages performed in states with marriage equality. I'm not sure if this will limit immigration rights only to marriage equality states, but it will be interesting to see. Of course there is also the slim chance that SCOTUS could issue a nationwide ruling on the Prop 8 case, which would bring marriage equality to every state.