The answer is yes. Whether you are male/male or female/female , the filing requirements are the same as with any fiancée visa, in that you have to have a US citizen petitioning for you, prove you met in person within two years, and establish your intent to marry within 90 days of entering the US. The process isn’t anymore difficult for a same sex couple as a heterosexual couple applying for a K-1 visa.
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PREPARING FOR YOUR US CITIZENSHIP INTERVIEW
After preparing and filing my client’s N-400 applications for US citizenship, I am then asked what they should do to prepare for the actual citizenship interview. I actually spend a couple of hours with each of my client’s before the actual interview and conduct an intensive practice session to identify their strengths and weaknesses. Although every client is different, I am going to give you a general set of guidelines to help you prepare. These are as follows:
1. Get to the Service center at least 30 minutes before your scheduled interview. The last thing you need aside from the nervousness you may feel is to be running late to the interview. Take a test drive by the Service center before the day of the interview so you exactly know where it is and the time it will take for you to arrive there.
2. Do not forget to bring any original documents along with a copy for the USCIS Officer. At the minimum this will require bringing your state issued identification, permanent residence card and passport. If you have a criminal record, then bring certified copies of the arrest report and criminal conviction.
3. Dress appropriately. A jacket and tie or a formal gown isn’t necessary, but neither is a t-shirt and blue jeans. Dress as you would for a job interview.
4. Answer the Officer respectfully. A Maam or Sir goes a long way in deferring to the authority the USCIS Officer who has in the ultimate outcome of your application.
5. Go to the USCIS website and download the civics and English test questions about a month before the interview. The civics book has one hundred questions and answers of which you will be asked five from the book. Usually the book gives you a few correct answers for a question, you usually need to know only one, but read each question and answer carefully.
6. The English portion is your ability to understand and respond accordingly to the questions that will be asked of you during the interview. You may be asked to write out a sentence in English and to respond to additional questions by the USCIS Officer. If you a not extremely proficient in the English language, and do not qualify for an exemption from the language requirement, then it is important to hone your English skills from the moment you submit your N-400 application. There are many free ESOL language courses offered across the USA as well as free internet courses available. If you speak your native language in your household, try to only speak English and watch English television shows.
7. Take a deep breath and relax before you go into the interview room. If for any reason you are not proficient with the language, civics or English requirements, you will usually be scheduled for an additional interview within 90 days to try again.
8. If you pass, you will then be given a notification that you passed the interview and that you will be scheduled for the next swearing in ceremony to formally become a US Citizen. This is usually within three weeks from your interview date.
9. If you do have an issue related to a criminal conviction or lengthy overstay over 6 months out of the US, please retain an Immigration Attorney to attend the interview with you.
Fiancee and K Visas
I have a number of clients that have met and fallen in love with women they have met over the internet. I always tell them to first check them out with a local private investigator in the country they are residing. The internet dating game needs to be played cautiously as there are a number of scammers that work the internet dating websites and are only interested in taking your money. Also, stay away from marriage brokers as you will also be subjected to heightened security. If your international love interest checks out, then I recommend a trip to their country to meet them in person. The USCIS will want to know that you have both met in person prior to filing for the K or Fiancee visa. Make sure you take plenty of pictures together and save your cards and emails to present you have a bona fide good faith basis to get married within 90 days of your fiance arriving in the USA.
If all goes well upon your return you can file a petition for a fiancee visa. The petition will be processed in the U.S., then if approved, will be forwarded to the embassy in your fiancee’s country of residence. This takes about six months. From there, an approval notice will be sent to your fiancee within ninety days advising of the additional documentation and requirements for the interview. I also advise to also fly in to attend the interview with your fiance. If all goes well a 90 day visa will be approved for entry into the USA. You must get married within 90 days or if things dont go well then have your ex-fiance return to their country of residence.