This is an old information, but I want to ask is this true?
https://www.facebook.com/gayimmigrationsupport/posts/225986224265959
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Want to know the process for the K1 Fiancé Visa to the USA?
The minimum requirements for US Immigration (CIS) are that both parties are free to marry, that they have met in person during the 2 year period before filing the Fiancée petition, and that the alien fiancée intends to marry the US sponsor. That’s the easy part. If CIS approves the I-129F Fiancée petition, that does not guarantee that the US Embassy in Bangkok will issue the visa. The decision to issue or not to issue the visa is made by the US Consular officer at the time of the visa interview, in light of his evaluation and perceptions.
Fiancée visas are not relatively easy to get and there must be a commitment, in the eyes of the interviewing US Consular officer, that the alien fiancée fully intends to marry the sponsor.
The Consular officer will be looking for evidence of an enduring relationship. Not an obstacle for a farang who’s been living in Thailand with his bf for several years, but a possible problem for a farang who visits briefly just a few times a year. The farang who met his bf in a bar and who has just visited Thailand a few times may have difficulty providing evidence of an established or potential long term, committed relationship.
Age differences, the bf’s fluency in English, and the bf’s education and employment history are also major considerations.
Consul will expect to see copies of emails, phone bills of the non-resident sponsor, chat info, photos, evidence of sponsor’s visits to Thailand.
The Form G325A that must accompany the Fiancée petition asks for background information about the applicant’s and sponsor’s work history and residence during the past five years. Some consuls will also require a detailed timeline of the relationship.
If the Thai bf met his sponsor while working in a bar, Consul may subject the case to very close scrutiny. Consul will only issue a fiancée visa if he is reasonably sure that the relationship is both genuine and viable.
The Fiancée Visa Process (for both straight and same-sex couples):
1. File Form I-129F and G325A with US Immigration (CIS) in the US to apply for Fiancée Visa
2. If CIS approves, case will be forwarded to the National Visa Center (NVC)
3. NVC will contact applicant regarding additional documentation and fees needed
4. After NVC processing is complete, a visa interview will be scheduled at US Embassy Bangkok.
5. If applicant is approved at interview, visa will be issued within a short time
6. After arrival in US, alien fiancée must marry US sponsor within 3 months.
7. After marriage, can apply for Conditional Green Card, good for 2 years
8. At end of those 2 years, can apply for Permanent Green Card
9. Three years after receiving first Green Card, can apply for US citizenship
Once the couple is married and the bf gets his Permanent Green Card, he is free to do as he pleases, which could include divorcing his partner/sponsor (and he gets to keep the Green Card).
If the Consular officer thinks that the bf is just using the fiancée visa to get a Green Card and the claimed relationship will result in a sham marriage, the visa will be denied.
Though the demise of DOMA has now made marriage equality the law in some states, US Immigration and the US Embassy are staffed by ordinary people, some of whom will be reluctant to see non-traditional unions approved. This may result in extensive requests for proof of a genuine relationship, and it is the Consular officer alone who decides what is “genuine”.
Since the Thai bf may not be eligible for a tourist visa to the US, the fiancée visa appears to be the only practical option. Of course the couple could travel to a country allowing same-sex marriages. That would enable the US sponsor to file a spouse petition, probably making it a stronger case, though by no means constituting a guarantee of visa approval.
To get started, visit
http://uscis.gov/, click on Forms to reach I-129F.
Sixteen countries now have the freedom to marry for same-sex couples nationwide (Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, France, Brazil, and Uruguay - plus New Zealand and Britain, which have passed laws that will take effect in 2014).
Same-sex marriage is legal in 13 U.S states and Wash DC: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington State.
