AliceWhite

You have to be free and legally able to marry. If you are a same sex couple, then yes, where you marry makes a difference. You must marry in a state where SSM is legal. Quite a few same sex applicants have received an RFE asking for proof that it is legal to marry in the state they intend to. See this thread > http://www.visajourney.com/forums/topic/457520-avoid-unnecessary-rfes-same-sex-marriage-i-129f-petitions/

Thanks for answering me. We're getting this taken care of. It makes sense to a degree but it also sucks for same sex couples yet again.

I got an RFE today regarding

Quote

Intent to Marry:

From the evidence, it is not clear where the petitioner and benificiary will wed. Therefore, please submit a statement indicating in which state the petitioner and the beneficiary intend to marry.

Looks like the keyword is where. I used the intent to marry template from VisaJourney's K-1 forms. This does not tell what state in the US we are planning to be married in (my Fianceé is Canada -> US). We intend to marry in New Mexico but only because we're unsure if Oklahoma's anti-marriage equality BS will be overturned (the decision of the 10th Circuit is stayed for now). I'm not sure where I should say I should do it. I assume NM but I'm worried it may count as fraud if we marry in OK (we live here, it's cheaper) if the stayed decision is enacted before our approval. Also, I'm completely unsure what form they want the documentation.

Should I send separate completely retyped Letters of Intent from each of us back, signed as originals by each of us separately, adding "...wed in the state of New Mexico..." somewhere or just type a single reply to the RFE specifically and include the requested information with just my signature (I'm the Petitioner/Citizen)?

I'm sorry if this seems obvious but I'm really bad with official documentation, it gives me anxiety and I overthink things.

I got an RFE today regarding

Intent to Marry:

From the evidence, it is not clear where the petitioner and benificiary will wed. Therefore, please submit a statement indicating in which state the petitioner and the beneficiary intend to marry.

Looks like the keyword is where. I used the intent to marry template from VisaJourney's K-1 forms. This does not tell what state in the US we are planning to be married in (my Fianceé is Canada -> US). We intend to marry in New Mexico but only because we're unsure if Oklahoma's anti-marriage equality BS will be overturned (the decision of the 10th Circuit is stayed for now). I'm not sure where I should say I should do it. I assume NM but I'm worried it may count as fraud if we marry in OK (we live here, it's cheaper) if the stayed decision is enacted before our approval. Also, I'm completely unsure what form they want the documentation.

Should I send separate completely retyped Letters of Intent from each of us back, signed as originals by each of us separately, adding "...wed in the state of New Mexico..." somewhere or just type a single reply to the RFE specifically and include the requested information with just my signature (I'm the Petitioner/Citizen)?

I'm sorry if this seems obvious but I'm really bad with official documentation, it gives me anxiety and I overthink things.

Thank you for answering my questions so thoroughly. I'll be sure to print the forms again with this year's date added in.

Apparently cannot edit my posts. I just wanted to check and see if this is sufficient for I-129F section 34.a Describe how you met:

We discovered each other online through an internet message board. We met when she arrived at Tulsa International Airport (TUL) at baggage claim and spent 23 days together.

It doesn't seem we need the supplement attachment sheet...unless there are some details I should be including?

On the cover letter and in the letter of intent, it asks for the address of the place you're filing, which I assume is the USCIS or DHS office? If so, I've so far got the Dallas lockbox address there. I don't know if that's wrong or what exactly. A lot of this stuff confuses me or is horribly ambiguous.

G-325A must be signed in original. Also the letter of intent must be signed (one from each of you) so that will have to be mailed to you as well.

Money Order is fine. You don't have a personal check?

The passport stamp and boarding passes are good. The photos, not so good, they are not dated so when were they taken? It could have been 2.5 years ago (outside of the timeframe). Include the photos with evidence of relationship.

No, don't start to fabricate evidence now. Use the evidence you have (it's good enough, I promise). You should be able to print out a skype call log.

Plain photocopy is fine. Not sure why you want to put void on it, but I guess you can.

Good luck.

What is the one that we should have unsigned that needs to be signed in front of a witness for the interview?

I don't have personal checks because I don't use them. Ordering them would take 2 weeks so if a Money Order works, I'd rather use that.

Well the checklist said to write the date the photos were taken together on the back.I don't know, I mean it's probably not ironclad evidence but would it hurt to submit?

I'm not fabricating evidence. We just would switch from constantly using Skype to using email sometimes. That's our own personal choice, I'm just asking if emails are good to have at this point. I'll try to get a skype call log though as long as it can be only calls and not have anything too personal in it.

I wouldn't put void on it, the birth certificate has special ink that puts VOID COPY on all copies. And it doesn't have a back side.

Hi, I have some followup questions, due to ambiguous or conflicting data from places.

-G 325a for my fiancee, signed or unsigned? The checklist says signed while other places say unsigned. This makes the difference in whether she has to mail this to me or not

-It looks like the I-129F fee of 340 dollars can be paid in Money Order. Have any of you had experience with this? The check will take me 2 weeks longer to get going and the money order I can do now. I remember wondering if since the check needs my address if a money order is really okay since it won't.

-Evidence we met: we have boarding pass copies to and from my city and more than 5 digital photos we took together that we can color print. We also have scans of her passport stamp for that departure. Is there anything wrong with these? Is 3 not enough because I don't think we have more?

-Evidence of ongoing: I think we can start emailing each other but we really just use skype text/video all the time. We don't really write letters or emails. Would we be able to just start emailing?

-My Texas birth certificate has no backside and I'm told to copy that. It also will put VOID COPY on the front which I hope is okay?

And yeah, definitely consider getting out of OK...even if they pass something that forces the state to do same sex marriages, is that really an environment you want to start your life together in?

Yeah we've already discussed moving to Washington or Vermont or some place better. It's just that my current employment is in OK and I don't want to screw up immigration or get in debt before I even start my life.

For ideas, experiences or specifics about the Canadian embassy, you should stop by the regional forum http://www.visajourney.com/forums/forum/93-canada/

Thanks so much on the recommendation! We'll be sure to lurk there. I'll make sure to get a scan of her passport stamp. Also she saved whatever ticket stubs or boarding passes or something and I am hoping she didn't throw away the baggage claim tag. We have some non-timestamped pictures we took together as well that might help tertiarily.

I, too, am a half of a same-sex couple with the beneficiary coming from Canada. We put together our I-129F package late September of last year without any legal help. We did not provide proof of the state that allows same-sex marriage we planned to marry in, not even a mention in our letters of intent, and did not get an RFE. Our petition was received October 1st; K-1 visa in hand January 17th.

Yeah, it would make more sense that you don't have to prove you'll marry in an appropriate state beforehand since the official documentation I saw just said you can get married anywhere in the US once you have the K-1. You don't have to get married in the legal resident state of the US Citizen. We'll be flying to Albuquerque New Mexico since it's super cheap ($25), you get the license and certification same-day, and it's the closest same-sex state to cut travel costs.

I plan to use my lunch break at work tomorrow to print the appropriate beginning forms and gather all of my data to be sent out ASAP. Thanks much for all the help! If anyone wants to keep sharing personal stories, I'm practically drooling for them over here. I'm getting super optimistic.

I am no expert, but I believe that you have absolutely nothing to worry about. Canada can hardly be considered a foreign country given the history of our two nations. I know for a fact that we share criminal and financial information with Canada. This administration has done everything in its power to make same-sex marriage the law of the land. I believe a number of states (OK included) have passed Defense of marriage legislation. In any case, immigration falls under Federal authority which is at this moment instructed to accept same sex applicants.

I thought Canada was visa exempt but I guess from ur description it depends on the person/situation. What are Canada’s views on same-sex marriage? Income has to be at least 125% of poverty…which I believe is like 19,600 for 2 people which u more than cover.

I’m telling you that you are in a very good position. I don’t even think that it will take 6 months for ur fiancé to be here. All I can suggest is that you get out of hicktown (OK) and move to a more open-minded city such as LA, Denver, Austin to name a few. Good luck, im interested in knowing how u met?

BTW- I am a Catholic, heterosexual male, but with a more open/progressive worldview.

Oh my stars this post fills me with hope, thank you. I want to jump on this wagon. Yeah, Canada is totally great with same-sex marriage. Even gender changes. Oklahoma passed an illegal and unconstitutional law forbidding marriages to one part of its citizens which the Supreme Court has now repremanded. It's only a matter of time before they fall in line with Utah, New Mexico, New Jersey, and so on with the list of recently fixed states. Texas received one as well on the 28th of February and they'll be forced to remove their illegal laws.

It's not really a huge issue, it's just annoying having to spend several hundred more to get married in New Mexico since Oklahoma arbitrarily doesn't allow it. But who knows, by the time the visa comes through, they might have been forced into New Mexico's position. We eventually want to leave Oklahoma and move to Washington or Vermont or some place nice. Thanks so much for the advice, this post filled me with warm gooey marshmallows.

We met as such:

An anonymous forum where people like us could just freely discuss things and post pictures and chat. She was this cutie I had seen and anonymously left messages a few times, and she liked hearing it. So one time, I decided to take a picture of myself making a <3 with my hands and leave it for her. She wasn't there anymore so I left it overnight and browsed her Tumblr. I kinda left for 3 days. But when I came back she was super happy to see me and super sad that "a cutie like me" ditched after being interested in her. So I got her Skype and on October 23, 2013 at 11:54AM Central Standard Time, I met the girl of my dreams. We talked a bit, I mentioned "That Thing You Do" as a phrase and referenced the film. She went out and got it so she could see it and I offered to have a funny little internet date with her; watching simultaneously. We pretty much hit it off really fast and fell hard. We've been together for almost 5 months (next week) and our first meeting was absolutely enchanting. We really want to make a home together. Thanks for asking :3

What's holding me back is that every time I think about doing it, I start to cry because it feels so much bigger than me.

Hi everyone,

I want to start by saying thanks to anyone who bothers to read this. I've been scouring threads old and new for a month now and noticed that everyone here is really helpful and pragmatic. I'm a pragmatist and rationalist so I need everything straight. I've been reading into things and these are the relevant data I think I have before I try to really sit down and work this all out and I just want to know where we are and where we need to go from here. I'm terrified to death of taking any steps because government related procedures make me shake.

US Citizen: Alice White (me), not my legal name but it doesn't matter for here. Tulsa, Oklahoma.

Income: 23K+/year

Job since: October, 2013. Unemployed/Contract work 4 years prior.

Housing: Yes, apartments since January 2014.

Met fiancee: Yes, January 2014-February, have plane ticket stubs and Expedia emails

Evidence: Pictures we took together, mostly we just talk on skype/video and don't use email. We should probably start using email for documentation I think?

Foreign Beneficiary: Kate White (obviously not legal name since it's the same surname as mine and we're not filing a CR-1)

Country of origin: Canada (Quebec--Montreal)

Income: None

Job since: None. No past employment.

Housing: Lives with family. Not currently in education.

Record: No arrests or convictions, no legal trouble of any kind

We have attempted visits 3 times. Here is the breakdown:

First visit: January-February 2014, 3 weeks stay by plane. We bought a one-way assuming we would buy the return within a month or two depending on how things went. Customs forced her to buy a return on the spot but at least let her in despite not being in education or employment. Success

Second visit: February. Intended 3 week stay by bus. She took a car to the border and intended to bus to Tulsa, Oklahoma (where I live) from Massena, NewYork with a round-trip. Unfortunately, the border guard did not allow it and we were naive. She was photographed and fingerprinted. Failure and heartache

Third visit: March 11. Intended 3 week stay to April 2 by plane. Round trip tickets, this time with more preparation. Intended to use this to exercise our ability to marry and then send her home so we can file a CR-1 and live happily ever after. Intended marriage destination was Albuquerqe, New Mexico because of the ease, proximity, and being a same-sex friendly state. Failure and complete despair (No known reason why)

Currently we're out over $800 from failing to visit and get everything done that we need done. It's been gut wrenching for us being so apart. We initially intended to file a CR-1 visa since it looked simpler and less scary. Now we're stuck with filing a K-1.

Some notes: We don't really care about her working when she gets here. We just want to be together. I'm far more than capable of taking care of both of us and once she gets some kind of status authorization, she can do tech contracting work. It would be cool if I could get some personal stories about all of this for the human touch on what to do or not to do. All of the legal and government jargon is making my head spin and it feels so cold that it'll never happen. I'm just looking for a warm touch and a point in the right direction for the first step. We have a ton of liquid to pay any required fees and still visit (if they'll even let us...they seem to hate the guts off of NEETs and I imagine they'll deny us even more with AOS in her hands).

I think after that, I kind of need to know what ALL documents I will need so I can just download them and do a trial run. As well as checklists. I'm aware that one form isn't supposed to be signed because it's done at the interview. Tell me, assuming you have a fairly fast consulate and assuming you live right down the street from your consulate (and hopefully can skip some mailing with direct delivery), would some of that be faster?

Thanks to anyone who replies here. I'm willing to supply additional information as necessary. I'm an open book.