Fiance K-1 Visa for LGBT Couples

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The Fiance K-1 visa is always an option for LGBT couples

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Do you know what worries the LGBT community most about the fiance K-1 visa route?  The question I get often is “How does being a same-sex couple affect our K-1 visa chances?”

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Fortunately, the process to bring your partner to the US is identical for all couples regardless of orientation. And we can thank the DOMA (Defense of Marriage Act) being overturned in 2013 by Federal law to permit same-sex marriage in all US states. Which expanded this benefit to immigration. 

However, even with all this support most LGBT still worry about the K-1 visa…

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• ● What’s the procedure?
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• ● How’s the K-1 visa interview experience like?
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• ● And what if you have red flags (like age difference)?

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Like how one of my course students discussed about his worry…

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Just like his case, I’ve helped dozens of other same-sex couples successfully get their visa approved. And I have to admit, gay couples are among some of the most mature, confident, and patient ones I’ve dealt with. 

So in this article, we’re covering everything you need to know about your same-sex fiance visa process for the US. At the end of this article, you can comment or ask your own question.

But before all of that, let’s get familiar with the basics…

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Do I even need a fiance visa if I’m LGBT? What are my options?

Whether you need to apply for a fiance visa depends on the beneficiary’s (foreign fiance’s) country’s laws. For most, regardless of what the law is, the fiance visa is almost always an option. 

In countries that recognize same-sex marriage, you can either file for a fiance visa or spousal visa. In countries that don’t recognize it (or criminalize it), a fiance visa may be your only option. 

The following are the two different scenarios:

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• ○ If the beneficiary’s country allows same-sex marriage
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• ○ If the beneficiary’s country doesn’t allow same-sex marriage

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For countries that allow same-sex marriage

Countries like Australia, Brazil, Colombia, France, Germany, UK, US, South Africa, and many more allow same-sex marriage. If your fiance is a citizen or resident of these countries, your options are:.

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○ Option 1: Petition your fiance for a K-1 visa.
○ Option 2: marry in your partner’s country. File the spousal visa CR-1 or IR-1.

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For countries that don’t allow same-sex marriage

Many countries like Nigeria, Kenya, Egypt, Morocco; Most Middle Eastern nations: Saudi Arabia, Iraq, Iran, the UAE; Some Asian nations: Philippines, Indonesia, and many more don’t allow same-sex marriage. In fact, some countries deem it a crime to be a same-sex couple. 

If your fiance is a citizen or resident of one of these countries, your options are:
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1. ❒ Option 1
   You can petition your fiance for a K-1 visa using the I-129F. The K-1 visa is one of your best options to bring a loved one over to the US from countries that don’t allow same-sex marriage. It’s usually the best option because it’s quicker, more convenient, and discreet.
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2. ❒ Option 2
   You can get married in a different country which recognizes same-sex marriage. After that, you can file for the CR-1 or IR-1 using the I-130 even within your partner’s original country. Remember, the USCIS wants to see a valid marriage certificate from somewhere in the world. It doesn’t necessarily have to be from your fiance’s home country.

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Remember even if the home country discriminates or is prejudice, you still have options.  

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How do I know if I’m eligible for a fiance visa?

If you’ve decided to go with the fiance visa, the rest of the process is identical. Your eligibility is the same as for everyone else. There’s no special requirement. 

The eligibilities for a K-1 visa for LGBT couples:

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• ■ Petitioner must be a US Citizen (born, naturalized, etc.)
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• ■ Must have met in the last 2 years (face to face)
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• ■ Must be free to marry – Wherein lies the biggest advantage. Regardless of same-sex marriage policy in the host country, since it’s allowed in the US, you’re eligible for a fiance Visa
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• ■ Promise to marry one another in 90 days after arrival
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• ■ Preferably no criminal history
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• ■ Preferably no immigration violation history (for beneficiary)

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That’s it. It’s no different from heterosexual couples.

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What’s the step-by-step process?

Just like the eligibility, the steps for the K-1 visa are the same for all couples.

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STEPS

1. ❒ I-129F

■ Meet eligibility requirements (such as meeting in the last 2 years)

■ File and submit the I-129F to the USCIS

■ Wait for approval (I-797)
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1. ❒ NVC

■ Once approved, your case is sent to the NVC for post-processing.

■ They issue a case number and send your case to the US Embassy.
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1. ❒ Prepare for Embassy interview – gather all the documents for the fiance K-1 visa interview

■ Medical

■ DS-160

■ Pay visa fee

■ Gather Proof of relationship

■ I-134 Affidavit of Support

■ All other documents as required by the checklist
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1. ❒ K-1 visa interview – undergo the K visa interview. We’ll talk about this in detail below
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2. ❒ Customs entry (CBP) – Enter the US with your valid K-1 visa. Fiance visa applicants rarely have trouble during this phase.
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3. ❒ Adjustment of Status – Green card.
   

■ Marry your fiance within 90 days in the US.

■ Get marriage certificate + all other documents to file your I-485 Adjustment of Status (Permanent Residency)

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Two things to note for LGBT couples:

▢ K-1 visa timeline

ow long does it take to get a K-1 visa for gay partners? The processing time and timeline is the same for all couples. This includes I-129F processing time and the overall Embassy interview. In addition, there’s no difference in the steps, processing time, interview procedures, or requirements. You can get a detailed processing breakdown here (K visa timeline).

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▢ K-1 visa Cost

The cost is also the same. There are no additional fees or steps.

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What’s the K-1 visa interview like? How’s the experience at the Embassy?

The K-1 visa interview procedure is identical for all applicants. US Embassies follow US marriage laws and therefore accept gay fiance visa applicants. The officers ask for the same documents and proof from everyone.

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What questions do they ask at the interview?

They’ll ask you to present your documents and then your Proof of Relationship. Be aware that this Bona Fide relationship evidence is important. That’s the way they know you’re a legitimate couple (we’ll talk about red flags below). 

The questions asked are similar to what they ask all couples. The routine ones are “how did you meet?”, “where does he/she work?”. You can use my interview questions worksheet to help you prepare. 

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How is the interview experience?

Don’t be disheartened or overwhelmed because you’re “different”. All are equal in immigration laws. There is hardly ever prejudice or bias coming from Consular Officers. They conduct themselves to a very high, professional degree.

So, you should expect a courteous reception.  In all honesty, I believe that the K visa Embassy interview for LGBT couples is the easiest part. The hard part is talking to family/friends about your relationship and getting stares from people while gathering your official documents or going for the medical exam.

With that, let’s talk about a few common questions & answers.

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Common questions LGBT couples have

Most same-sex couples fix their attention the interview and the experience in the foreign country. And I can see why. For many, the foreign country is usually unwelcoming to same-sex couples. For example..

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What if it’s risky to be LGBT in the host country?

If you fear persecution in the host country, then contact the Embassy for help/details. They will help you as much as possible including keeping your process discreet.

The US Embassy will be tolerant. But they can not guarantee what happens when you step outside their doors. You should be prudent when you go for your medical exam or get your Police Clearance done. If you fear hostility, keep your process tightly guarded.

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What Red flags do I have to worry about?

Little/No proof of relationship. What if you didn’t gather a lot of proof of relationship fearing persecution? Or didn’t take photos / meet often because it was dangerous?  Will that be a red flag because you don’t have much proof of relationship?

Well, you should explain all of this at the interview. But keep in mind that there’s nothing stopping you from meeting in a third country so that you can actually gather proof of relationship without fearing criminalization. Realize that you’re under the same burden to prove a bona fide relationship as everyone else.

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No/little Family involvement. Following the same idea, if society is intolerant or if your family refuses to be a part of your relationship — will that be a red flag? Because as we know, family involvement is a good proof to present at the interview (especially for traditional countries). In this case, you have to fully explain your situation to the officer and convince them of why you couldn’t gather as much Proof of Relationship that you wanted. Honesty is the best policy.

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Other red flags: Quick relationship, Huge Age difference, etc. Having these red flags (like the email example you saw before), are the same concern. Being in a quick relationship, having a huge age difference, no common spoken language, and a bunch of red flags weigh down your case.

But like how I explained before, the burden of proof is still on you to convince the officer that you’re a legitimate couple with the added dimension of being a same-sex couple.

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What if we met online through an app? Does that change anything?

It doesn’t matter if you met through Facebook, or through an app, or through some website. The only extra step you take is to declare whether this app/website/service is an IMB. Just follow the IMBRA rules, and verify all of it that in your I-129F petition. Learn the procedure of the IMB in your I-129F.

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Is my LGBT partner eligible for a tourist visa?

Your partner is eligible to apply for a tourist visa to come and visit you. That’s because the same rules apply regarding a tourist visa or ESTA. Eligibility isn’t based on orientation. So, if you feel that it’s better (or safer) for your fiance to visit you in the US, you can apply for a tourist visa. (read how a tourist visa denial affects your K-1 visa).

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Your three options

That wraps up the discussion on the same-sex fiance visa process. In summary, you have three options. 

If your fiance’s country recognizes same-sex marriage, then you have both the Fiance K-1 visa and the CR-1/IR-1 spousal visa options. If your fiance’s country doesn’t allow same-sex marriage, then your options are to apply for a fiance visa or to marry in a third country and apply for a spousal visa. 

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