missouribound

Hi there!!

I’m new to the forums here and have tried searching for as much info as possible but can’t seem to find what I’m looking for, I’d love to get any advice/links to threads regarding the K-1 visa processing times and just generally how the process has gone, especially for same sex couples.

We have sent off our petition and received our NOA-1 on Feb 9th. We have been together since Nov 2016, meeting multiple times, got engaged Nov 2017. We submitted tons of evidence regarding contact (WhatsApp, phone calls etc). My fiancée is the USC, she is heading back to the US to begin a new job this month after we both took off time for traveling together for the past 7 or so months.

I think we just want a little current info on how people are finding the processing times and whether same sex couples find any of the process any different from heterosexual couples (eg requests for evidence, interview process, questions when entering the US with the visa?).

Thanks for any help and advice!! Really I think we’re both just very anxious about the length of time!! (we are learning to be more patient...slowly)

Noorah101

Hi and welcome to BE.

Same-sex couples are not scrutinized or treated any differently than heterosexual couples.

Unfortunately, processing times have slowed waaaaay down recently, so you can expect the whole process (filing petition to visa interview) to take 12 to 14 months or so.

Rene

Rete

Again, welcome to BE.

Same sex or heterosexual couples are handled in precisely the same manner both by the USCIS for the I-129F and the US Embassy in London for the ultimate K-1 and same sex couples don't cause either institute to bat an eye.

As Rene as explained, timeline at present is 12-14 months from start to finish. It might over the next few months shorten or might lengthen. It is the piece of string question.

Not many of our members these days do the K-1 visa route. They prefer to go the route of the get married first and then apply for the Immediate Relative Visa which in some ways is superior to the K-1 in benefits and cost but as you have already mailed out your I-129F it is a moot point.

Please feel free to ask any and all questions you have about the K-1 process. It is two fold but relatively very simple to navigate and members here will be happy to assist.

By this time next year, you will be in the "Show Me State". Hopefully, it will be a short winter in 2019.

tom169

Absolutely no difference from a same sex marriage perspective, especially as you're coming from a culture where it is normal.

missouribound

Hi All

Thanks for your welcome! We didn’t really think there would be a difference - we’ve just not had a lot of luck finding anyone with experience of this process as a same sex couple so just wanted to find out as much as we could!!

In terms of the processing time, we have a lawyer who told us this is the best route to go and at most would take around 9months tops for my fiancé visa to be issued. Was this BS? We’ve been checking the USCIS processing times website and I haven’t seen on there any update for such a long time frame, would you mind me asking where the longer time expectancy is coming from?

Thank you!!

Noorah101

It wasn't necessarily BS. Processing times fluctuate all the time, so his answer was as good as any. Try looking at www.uscis.gov, but take all processing information with a grain of salt.

Rene

Rete

There have been several same sex marriages on this forum. You can do an advance search but it doesn't matter as there is no difference in processing.

It is the attorney's guesstimate. Actually getting married and applying for the Immediate Relative Visa is a far better choice. The timeline is virtually the same and it has the advantage of your entering the US with a visa that when stamped at the Port of Entry (POE) makes you a permanent resident and your green card will be mailed to you.

With the K-1, you have to enter the US, marry and then file for adjustment of status (AOS). AOS can take up to 18 months at current timelines, costs over $1,000 in addition to what you made for the I-129F and K-1 processing, and the K-1 will not allow you to work until you have filed for AOS and received the employment authorization document in the mail and currently that is taking 4 to 6 months. So that means you might not be able to work for 7 to 9 months after entering the US if you don't marry the first week of entry and don't file immediately for AOS.

Major differences.

You and every other person going through immigration and even non-immigration processing is asking why the delay. No reason is given nor should one be expected. It is what it is and not a damn thing you can do about it but hope that it doesn't last long.

leema5

As others have said, there is no difference in the process. We are a same-sex couple and have just completed the CR-1 process through DCF in London.

missouribound

Thanks for all your info Rete. We are not super fussed about me not being able to work for a long period - we are saving and will be living with my partners mother. In terms of the delay I wasn’t asking why, more where this extended time info is coming from. I (obsessively) check the USCIS processing times and both those and my lawyer say a significantly shorter time estimate. I know the website times are far from exact but 12-14months is almost double most timeframes I’ve heard/seen. Is this longer time from people on these forums who have recently completed the K1 or from some other source?