ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)

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.


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.
DefunctAccountMaleAustralia2013-01-07 23:30:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)
I just want to say a HUGE thank you to everyone for your outpouring of support. It is incredible to Keno and I and we are truly humbled by your words of love and support. Thank you for all the advice and well-wishes and we will, in fact, keep you all up to date. Keno did pick up some pictures today - if his appearance changes dramatically, we'll update them - but if he stays pretty much the same as he has for the last year and a half, I don't necessarily see the need =P
DefunctAccountMaleAustralia2013-01-07 13:47:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)

For the record Canadian's are not required to complete a CFO seminar


I was referring to when a Canadian sponsors a same-sex partner from the Philippines and the Filipino has to attend the CFO seminar.
DefunctAccountMaleAustralia2013-01-07 10:59:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)

Good luck with your journey also is Iowa legalized same sex marriage? It might be matter in your filing since you have to marry your partner within 90 days.


Yes, Iowa has legalized Same-sex marriage.
DefunctAccountMaleAustralia2013-01-07 10:53:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)

I am curious, what are you planning on doing about the CFO? From what I understand you have to provide a significant amount of information about your fiance/spouse to the CFO in order to be allowed to leave the Philippines. Do you anticipate your partner being denied the ability to exit the Philippines by the CFO? Personally I would think your major hurdle is less the US visa and more the government of the Philippines refusing to allow your partner to leave the country.



It hasn't been a problem for Canadian same-sex couples.
DefunctAccountMaleAustralia2013-01-07 00:26:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)

My brother is gay. I understand your concerns.I wish you the best!



Thank you and I appreciate that - please send our best to him and let him know that I'm not done fighting for gay rights till we all are treated equally - immigration is just a step in the right direction, one of many.

is your fiance interviewing in the Philippines?

I wish you all the best :)



Yes, any tips? What will it be like once the US finally allows gays to petition? I know the Phil isn't very pro-gay, but it's a US embassy - do you predict many issues?
DefunctAccountMaleAustralia2013-01-07 00:23:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)
That's my hope - is to help others by detailing out our progress - do you think we should wait to get the pictures then till like February? I'm more concerned because it takes a month for us to send and receive mail between each other.
DefunctAccountMaleAustralia2013-01-06 15:12:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsThe first Gay K-1 Fiance Visa Progress with DOMA repeal on the Horizon (Tim & Keno)
Keno and I are starting to slowly prepare all the documentation we are going to need to submit our I-129F. We want to take our time with the whole process to make sure every 'i' is dotted and every 't' is crossed. Being one of the first same-sex bi-national couples to immigrate to the US on a K-1 visa on the heels of a potential victory in the Supreme Court on June 27th means we don't want anything to go wrong on our end.

While we cannot file our I-129F until DOMA is repealed, we want to be ready the instant it is to submit our paperwork because it is such a time-consuming process.

Keno is currently securing his passport quality photos which he will include in his packet of info (G-325a, statement of intent to marry) that he will send to me in late January. He should have them within the week.

To everyone who supports us, thank you very much - you have no idea how much kind words and support means to us.

To those who wish us ill or dislike us because of our sexuality, please just avoid posting inflammatory comments and leave us be - that's all we ask and we do wish you the best of luck on your journey to bring your loved one to the US.
DefunctAccountMaleAustralia2013-01-06 14:58:00