ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Case Filing and Progress ReportsSame Sex K-1 I-129F Filed
Received an email from USCIS that our reply to RFE was received on 1 November 2013...hoping for good news soon.
sjk&cjjNot TellingPhilippines2013-11-01 23:17:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsSame Sex K-1 I-129F Filed

 
Congrats!
 
I hope the rest of you get some good news soon too!
 
sjk&cjj   -  
 
I can't believe you paid for a lawyer and still had all those issues! They are supposed to be making the whole process easy and smooth - not more complicated and slow. Hopefully you will have everything taken care of now! Good Luck smile.png
 








My fiancé and I are seriously considering getting a different lawyer because of the RFE we received. Both of us think it was their lack of diligence that caused the RFE. The lawyer's service was for the I-129F petition, so I believe once we get the NOA2, their service is over. We would then be free to choose a new lawyer for the consulate portion of the process.

sjk&cjjNot TellingPhilippines2013-10-30 17:28:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsSame Sex K-1 I-129F Filed
So happy to hear of folks getting their NOA2s approved. We will all get there. Waiting just like everyone else is called equality. Before DOMA was struck down in June 2013, this was all just a pipe dream. Now, it's really happening!

In our case, we are in the process of rebuilding our life as a couple. We're living together again in my home country. And we hope to be living together again in the US. Very soon.


sjk&cjjNot TellingPhilippines2013-10-29 17:10:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsSame Sex K-1 I-129F Filed

 
Congrats!
 
I hope the rest of you get some good news soon too!
 
sjk&cjj   -  
 
I can't believe you paid for a lawyer and still had all those issues! They are supposed to be making the whole process easy and smooth - not more complicated and slow. Hopefully you will have everything taken care of now! Good Luck smile.png
 








@Sarah---Nichelle

We're actually having doubts as to whether having a lawyer file for us was worth it. We were ready to file for the K-1 visa right after DOMA was struck down by SCOTUS. Instead, we were advised by the lawyer to wait until the USCIS and DOS had released their guidelines for same-sex couples. So instead of having a NOA1 in early July, we ended up getting a NOA1 in mid August.

The lawyer has been valuable though in guiding us through the forms. There were questions that needed lawyerly skill in answering. LOL

We couriered our reply to the RFE on 28 October 2013. The lawyers should receive the additional papers on 30 October 2013 in Los Angeles, CA, and we are hoping USCIS receives the RFE reply by 1 November 2013.

Congrats on your NOA2 and looking forward to getting ours!









sjk&cjjNot TellingPhilippines2013-10-28 18:05:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsSame Sex K-1 I-129F Filed

Congratulations Nikkosan, I only hope I have the 9:30pm luck again soon...we are getting very eager for our NOA2 here...
Welcome sjk&cjj and sorry to hear about your RFE - it sounds like you had provided a lot of what they asked for already so that's annoying! although at this point I would even welcome and RFE since our NOA1 was before yours, but your RFE worries me a bit since we also used a lawyer and I'm a bit worried that we didn't submit some of the things we actually need.  We did not submit any passport stamps even though we had given copies to the lawyer who said they were not needed...we shall see, won't we...We submitted dated photos of us together and e-tickets of plane trips we took together on vacations along with the personal statements...hopefully that's enough...

Thanks for the welcome, Davesings. I'm sure you will get a response soon from USCIS and please continue keeping your fingers crossed that it will be the NOA2.

We submitted dated photos from 1996 all the way to 2012 and also e-tickets of plane trips plus hotel and resort reservations. In fact, our letters of intent to marry (which were embedded in our letters explaining in detail the circumstances of how we met and have maintained the relationship since then...basically our reply to question 34a on form I-129F) were notarized by the same lawyer/notary public at the same place and at the same time! This fact alone regarding our notarized letters proves we were together in person right before filing the I-129F. I suppose this doesn't fit their standard of proof of having met within 2 years prior to filing.


sjk&cjjNot TellingPhilippines2013-10-27 18:13:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsSame Sex K-1 I-129F Filed

Hi everyone!  First-time poster but long-time lurker here.  dancin5hr.gif

 

I'm the beneficiary and we are a same-sex couple that has been together for almost 19 years. (Whew!)  Our NOA1 date is 19 August 2013. We received an RFE notice though that's dated 18 October 2013.  There are 2 requirements being asked for by the USCIS adjudicator.

 

1. INTENT TO MARRY Submit evidence from the beneficiary that he plans to marry the petitioner within 90 days of the beneficiary's admission to the United States.

 

2. REQUIREMENT THAT PETITIONER AND BENEFICIARY HAVE MET IN PERSON  It must be established that the petitioner and beneficiary have met in person and/or have been in each other's physical presence at any time during the two years immediately preceding the filing of this petition.  Copies of travel itinerary were submitted with the application.  Please submit proof that the travel actually occurred...primary evidence may include copies of passport pages that show the identification page and admission stamps...

 

Regarding point 1, under question 34a of form I-129F, I submitted a letter explaining in detail the circumstances of how I met my partner and now fiance.  At the very end of that letter, I wrote the following: "I look forward to receiving a fiance visa so that I can travel to the United States and finally marry xx (my partner) in state XX (a marriage equality state) next year almost two decades after we first started dating.  I will apply for permanent resident status after we get married."

 

After the K-1 application packet was mailed off to our lawyer, I realized upon reading other VJer's stories here that I pooched the intent to marry within 90 days of entry requirement for the K-1 visa.  The crazy thing is that our expensive, top notch lawyer missed out on that part of my statement too!  I submitted my letter to him for evaluation and he approved it.  Anyway, I took care of that problem and so I will be submitting a new, 'correct' letter of intent as our response to the RFE.

 

As to point 2, I daresay this would be the fault of our lawyer and his assistants.  We submitted picture scans of all the passport pages of both petitioner and beneficiary as proof of our travels together (and hence of having met in person) to the lawyer.  It turns out they did not submit the copies of the pages of our passports with entry and exit stamps of various countries because the Dropbox folder we uploaded the scans were "too large at 500 MB", and they had trouble downloading the scans.  Lame with a capital L!  

 

So as part of the reply to the RFE, we will be submitting color photocopies of all pages of our passports, showing all entry and exit stamps to various countries.  And just to be sure, my petitioner will be submitting copies of the visa extension forms issued to him by the Bureau Of Immigration, local bank statements indicating his name and address in the Philippines, gym membership forms, food delivery forms, all of which contain an address which matches that on my lease contract.  On top of those, the USC petitioner will also be submitting a notarized affidavit that we are in fact cohabitating since November of 2012.  (We previously lived together in several homes in the US, but I believe what counts for the K-1 visa is having met in person within the 2 years preceding the application)

 

Anyhoo, hopefully, this will lead to a positive result from USCIS this time around.  Waiting for the NOA2 has seen its fair share of ups and downs, but mostly, the waiting has been boring yet excruciating at the same time.  Good luck to all of us!


Edited by sjk&cjj, 27 October 2013 - 10:29 AM.

sjk&cjjNot TellingPhilippines2013-10-27 10:24:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsPhilippines SAME SEX K1 Filers
^Hey, congrats!
sjk&cjjNot TellingPhilippines2014-02-03 05:32:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsRFE, Intent to Marry

This is one of those hotly debated items here on VJ.  There are stories of getting an RFE for an original signature and stories of people not getting an RFE for a scanned copy.  For stock trades, a faxed copy of the original signature is acceptable as the fax contains the transmission information and it shows that it was faxed.  Notarized copies show that the person who signed the form was identified to the Notary and carries more weight.  An original signature can only be distinguished these days with copy copiers and scanners by the impression on the paper--some at USCIS must check this and other do not.  If speed is an issue, IMHO, I would sign the LOI and have it notarized and then e-mail it and print it out.  Next option would be to sign the LOI, have it notarized, and fax it.
 
Given you have an RFE for something simple, I would cover my a$$ and have it notarized.  I might even have it mailed so there is no question it is an original signature.
 
Good luck,
 
Dave





 

I have seen way too many RFE's for a scanned letter of intent. Submit an original signature, not a scanned copy. Why take the chance ?


Precisely. I couldn't have said it better.

Edited by sjk&cjj, 19 September 2014 - 12:15 PM.



sjk&cjjNot TellingPhilippines2014-09-19 12:13:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAdditional Evidence I129F

 
No signatures require a notary according to the official instructions from USCIS.


Perhaps. So how do you explain what happened to VJ member fidanza in my post #19 in this thread? He/she was told by USCIS care to provide notarized letters of intent to marry.

sjk&cjjNot TellingPhilippines2014-09-19 01:39:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAdditional Evidence I129F
Well, the whole original versus copy debate over the letter of intent to marry was discussed here:

http://www.visajourn...ntent-to-marry/

I don't think any definitive answer was settled that's any different from your personal anecdote. I would err on the side of caution and suggest that a notarized letter of intent to marry with original signature in blue ink be sent via FedEx or some other courier, as the NOA2 for the fiancé petition rests solely on the adjudicator who may or may not be as lenient as you deem them to be in your case.




sjk&cjjNot TellingPhilippines2014-09-18 22:50:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAdditional Evidence I129F
Actually, if you had taken the time to read poster #14, he/she specified that USCIS care, which I assume represents USCIS customer service, asked for notarized letters of intent. Why recommend something that might have worked for you but may not be true for all locations?

Edited by sjk&cjj, 18 September 2014 - 10:30 PM.

sjk&cjjNot TellingPhilippines2014-09-18 22:25:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAdditional Evidence I129F

Nope. I did neither, had no problems. The instructions state photo copies are OK except for the petition itself (i.e. the i-129f form itself), which requires an original signature.


That might have worked for you but that doesn't mean it will work for everyone else. Please check poster #14, fidanza, in this thread:

http://www.visajourn...need-notarized/

I think it's best to play it safe and submit letters of intent to marry carrying original signatures and duly notarized.





sjk&cjjNot TellingPhilippines2014-09-18 21:24:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAdditional Evidence I129F

Write them, sign them, scan them, email them to your family to mail to dhs to save time.


I'm not sure scanned copies will work. The signatures have to be originals and letters of intent to marry notarized.

sjk&cjjNot TellingPhilippines2014-09-18 19:28:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFiance is young (20) and has never worked

Well I wish U luck at the interview hope hubby
will be getting a job soon, as u will have to
wait for a permit to work, just help out around,
be grateful to his parents, and no arguing in their
home, if U do tings things will work out & before
U know it U R in your own place....Best wishes


This comment below does not address OP situation+sidebar)

SJK....no matter what the link says or anyone, no
dyamn way I would sign or give any ok to my 14 yr
male or female child to be married












I know! Reading that blew my mind and I'm like, what the ph*uk?? The only way the Feds would put that consent by the parent of a petitioner younger than 14 years of age is that there must be a state that lets minors younger than 14 to get married!

Edited by sjk&cjj, 23 September 2014 - 11:55 PM.


sjk&cjjNot TellingPhilippines2014-09-23 23:54:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFiance is young (20) and has never worked

Must be 18 and older. Legally free and able to marry in the US is 18+!

  

OK, I got confused. To petition a parent, the USC must be at least 21 years old.

No, you have to be 18.


I found a link that says with a parent's consent and signature, the petitioner for the fiancé visa may be younger than 14 years old!

http://www.uscis.gov...i-129finstr.pdf







sjk&cjjNot TellingPhilippines2014-09-23 15:00:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFiance is young (20) and has never worked
I thought US citizens could file petitions only if they are 21 years and older? How did a 20 year old file a K-1 petition?
sjk&cjjNot TellingPhilippines2014-09-23 14:22:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers

Paystub, W2, Tax returns hope that helps!! Why 2 times!? One is enough!


Congrats on getting your visa and getting married in the USA! Glad you overcame your visa issues.

sjk&cjjNot TellingPhilippines2014-10-14 12:14:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
How's everyone? I just got the last piece of documentation I need to fly out to the USA (called the CFO certificate with sticker). The next several days will deal with me moving my things out of my condo to the family home and transferring the management of my business to an employee.

I hope everybody else is done or close to filling in the last bits of paperwork so you can be reunited with your loved one.


sjk&cjjNot TellingPhilippines2014-03-10 17:34:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
I hope to get my passport with visa and packet for the CBP officer at the POE later today! Just waiting for confirmation that it's ready for pick up. Flight scheduled for 15 March to USA. It's been 7 months since we filed for the K-1 visa but this part of the process is drawing to a close. Positivity to everyone still going through the process!
sjk&cjjNot TellingPhilippines2014-03-07 22:09:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers

UNBELIEVABLE!!!

MY FIANCE JUST CALLED ME IT IS 4 IN THE MORNING HERE, THAT WE GOT APPROVED ON FEBRUARY 14th, 2014!!! NO RFE


AAAAAAAHHHHHHHHHHHHHH OMG I AM SOOOOO HAPPY I SCREAMED SO LOUD MY PARENTS JUST WOKE UP HAHAHAH :D :D :D





Oh wow, congratulations! I know you've been waiting for the NOA2 approval for the longest time.

sjk&cjjNot TellingPhilippines2014-02-20 20:15:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
Just an update that since we submitted the I-129F in August 2013, our interview for the K-1 fiancé visa was approved 18 February 2014!

Just trying to tie up all my commitments and other loose ends before flying out to the USA in March 2014.

Good luck to everyone else who have had successful embassy interviews, and for those who are still completing the process, we hope the best for you.




sjk&cjjNot TellingPhilippines2014-02-19 21:53:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
Devy, hakobrena, Trisha, sorry about the delay in your cases. I'm wishing the new year brings good news for all of you.
sjk&cjjNot TellingPhilippines2014-01-01 05:32:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
Any updates from those couples still waiting for NOA2?
sjk&cjjNot TellingPhilippines2013-12-24 20:42:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers

For all those still waiting for the NOA-2, I think it is just the "Luck of the draw" for those that got them rather fast. It is a shame that we can't ask for assistance before the 5 month processing time expires, but that is the way it works. Ours took 115 days. Others took 30 days, etc etc. Now we are waiting on the next step. I have resolved my self, as a retired military man that this is just a "HURRY UP AND WAIT" situation. Hang in there and your response will come.
 
Something else to realize is that the cases you see on Visa Journey are a VERY SMALL percentage of the 1,000's of cases being filed. that is how I had to look at it. For every case you see on VJ there are probably 500 or more cases that are not on VJ. So it is just a waiting game. I know this is not what you want to hear, but it is reality.
 
Wishing you all well and hope you hear soon.




Touché and well said.

sjk&cjjNot TellingPhilippines2013-12-21 09:31:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers

Thanks alot guys, the feeling is "giving up" well atleast feels like my fiance has no more hope. its just my lawyer said He ll be here by New Years :((( and we don't even have ou NOA2 yet... Its just very Disappointing that the government works this way, that they all talk like robots and cant give you any real reasons or any hopes, or approximate dates. Congratulations on your cases guys, best of luck with your loved ones and thank you for your encouragement its really needed sometimes.


No NOA2 yet, it's almost Christmas Day, and the lawyer said your fiancé will be home by New Year's Day?

You might want to consider getting another lawyer. Just kidding. I think the lawyer was way too optimistic.



sjk&cjjNot TellingPhilippines2013-12-18 21:57:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers

Finally, received my passport with VISA!  Good luck to all August K1 Filers who are still in the same process... 


Congrats and good luck on your forthcoming journey!

sjk&cjjNot TellingPhilippines2013-12-18 09:57:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
I feel for those August 2013 filers still waiting for NOA2...keep your chin and your hopes up!
sjk&cjjNot TellingPhilippines2013-12-17 23:38:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers

Still no NOA2 for us :(( no updates no word....??? We Filed on August 7, at TSC how frustrating is that!!!!??? I cant work, all this wating is ruining my ability to keep up with anything!! Congratulations to all who got their NOA2, I can just imagine how great you must feel knowing that the hardest waiting part is over!!!!


Be patient. If your file has no complications, you will get your NOA2.

sjk&cjjNot TellingPhilippines2013-11-26 00:17:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
NOA2 approved! Notice date of 18 November 2013! On to NVC!
sjk&cjjNot TellingPhilippines2013-11-18 23:46:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
Seems like most August 2013 filers have had their NOA2? This feeling of being left behind is terrible.
sjk&cjjNot TellingPhilippines2013-11-08 20:30:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
Seems like my fiancé and I are not the only ones still waiting for NOA2!
sjk&cjjNot TellingPhilippines2013-11-04 22:36:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers

Thanks for the info JadeyHexed and Congratulations to you too! Our timelines and countries are so similar! Perhaps we will all meet at the embassy in a few months...


Hearty Congratulations! I know you've been anxiously waiting for your NOA2. Cheers!

sjk&cjjNot TellingPhilippines2013-10-30 21:21:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers
Does anyone know whether copy of NOA2 plus case number are both required by the US Embassy so they can issue a request letter to the Japan Embassy requesting a police certificate? Or is a copy of NOA2 alone enough to obtain the request letter for police clearance?
sjk&cjjNot TellingPhilippines2013-10-30 18:58:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAugust 2013 K-1 Filers

I can finally join the club of those approved and blessed with a NOA2!!! I'll think about it as an early birthday present, since I'll be getting one year wiser in 4 days! ;-)
 
To all of those who haven't received any news yet, hang in there!!!


Sent reply to RFE via courier on 28 October 2013. Hope to get NOA2 before my birthday during the second week of November. Congrats on your birthday present from USCIS!

sjk&cjjNot TellingPhilippines2013-10-28 19:03:00
K-1 Fiance(e) Visa Process & ProceduresPolice Clearance from Japan
I need to get a police clearance certificate from The Japan Embassy in Manila. Are the procedures still the same or has anything changed since this initial posting? Thanks for any info.
sjk&cjjNot TellingPhilippines2013-10-29 18:25:00
K-1 Fiance(e) Visa Process & Proceduressame sex fiance visa

I am a US citizen but I am living in the Philippines with my gf and her daughter. Since it is now possible for me to file for a K1 Visa and K2 for her daughter, I plan to go back to California within the year so I could start with the process. 
 
Questions:
 
1. How long should I be in a job before I could file for K1 and K2? Can I file right away as long as I am employed?
2. My gf has never been married, and no contact with her daughter's father, what does she need so that she can bring her daughter with her to the US?
3. Her mom and siblings live in the US. She was not part of the petition since she's over 21 at the time her family migrated. Will this be a problem?
 
I am really excited to move back to the US and start a new life there with my gf and her daughter :)
 
 
 
 












The consular officer at the US Embassy will ask your fiancé to show your latest tax forms or transcripts plus you must show proof that you make at least 125% of the poverty level for a family of 3.

sjk&cjjNot TellingPhilippines2014-03-20 13:38:00
K-1 Fiance(e) Visa Process & ProceduresAvoid unnecessary RFEs! (same sex marriage I-129F petitions)

I'm not an expert.  But I doubt you will get an RFE for not mentioning marriage location and date.  There is no specific requirement for that.  Its a good to give if you have that info.  We didnt mention a date and actually it never came up in the embassy interview either. 


It did come up in my interview. The American consular officer asked me (beneficiary) where we planned to get married. I think he needed to know it was in a marriage equality state. The date of marriage wasn't brought up though.

sjk&cjjNot TellingPhilippines2014-03-08 17:45:00
K-1 Fiance(e) Visa Process & ProceduresAvoid unnecessary RFEs! (same sex marriage I-129F petitions)
Thank God we have a trip to the beach and short vacay out of the country to look forward to this week. This should give us something better to do and think about while waiting and waiting for the procedure to work its way through.

Still planning on doing daily USCIS website checks of our application's status.


sjk&cjjNot TellingPhilippines2013-11-10 19:45:00
K-1 Fiance(e) Visa Process & ProceduresAvoid unnecessary RFEs! (same sex marriage I-129F petitions)

Well, as of 9:15 pm this evening (Oct 30) we officially got electronic notice of our NOA2 (approved!) after submitting our RFE response!!!
 
They acknowledged receipt of our RFE response on Oct 3, so it took them 27 days to approve it... not the best turn around time but we're thrilled we are moving on to the next step!!
 
For those of you who have been asking about whether to revise one letter or two letters of intent (i.e. which state you intend to marry in), I made the decision to just send one (mine, the petitioner). The RFE was addressed to me as the petitioner and asked (me) to declare which state we are marrying in, so I didn't see any reason to re-send both... just gave them what they requested, and finally moving forward again!
 
Feel free to send us a message if you have further questions... Continued best wishes and luck for everyone! 
 
Rob and Adrian 
 









27 days for RFE to be evaluated and NOA2 approved? This is depressing. It's been a week since CSC received our reply to RFE. I just checked the USCIS website and they are still reviewing our reply to RFE.

Our RFE was for passport stamps proving we did go on a trip to Thailand together, which is what the itinerary and e-ticket we submitted with the I-129F tried to show.

Also, a letter of intent to marry in a marriage equality state within 90 days of US entry on a K-1 visa from the beneficiary.

However, we just went overboard with the reply to RFE, which was thicker than the I-129F packet itself! The RFE burned us, in a manner of speaking, so we decided to just give them everything we could find that relates to proof of having met in person within the previous 2 years. Just to be sure. But now, I'm afraid all those documents would take a lot more time to be evaluated, thus further delaying approval. I hope I'm wrong!







sjk&cjjNot TellingPhilippines2013-11-08 20:13:00
K-1 Fiance(e) Visa Process & ProceduresNew Journey Begins (we are same-sex)

Hello, I note there was no more postings on this topic.
I do have some more information for same sex couples regarding the embassy interview but basically you are treated the same was as a hetero couple with one exception. In countries where gay marriage is illegal or hostile, the consular officer meets in a private room with your fiance. Reason being is people around could hear the interview Q and A. It is an American person doing the interview.
 
I am not sure what is on the confirmation page for the DS-160 Print out which is usually collected by a local secretary etc with the passport and maybe given a number. Anyone can help?
 
PS: If you are still applying, YES either New York/MA or the entire NorthEast (except NJ and PA) have marriage.





Actually, both NJ and PA have same-sex marriage now.

sjk&cjjNot TellingPhilippines2014-09-22 00:39:00