Marriage-Base Petition for Transgender

[Junieko 7]

Hello VJ-ers, I am a male-to-female transgender foreign individual entered the U.S. thru F1 and recently married my lovely USC husband 2 months ago. We did the paperwork as best as we could and just filed I-130 and I-485 this week. We didn't hire any lawyer cause most of them don't know what to do in our case and some that do know quote us for $5200 which is insane.

Our worries is not from the documents we're filing. We worry that the uniqueness of the case would cause the process to go slower, draw a lot of attentions and make the case more difficult to get approved, or that the officers have no clue what to do with our case, or they simply just hate everyone who isn't straight.

Does any one have experience or know someone that's gone thru the same thing? We did some research but find nothing so far. It's a little frustrating and nerve-racking. And I believe if you guys can give us some advise this topic will be very useful for the next couple.

[Darnell 8,478]

well, it ain't legal yet, so you're going to be the 'lab rat' , i think, for testing what's what.

who cares about the scrutiny from USCIS employees? don't fret that, as you want humans there to view things that you submitted.

IF/WHEN DOMA is overturned

or

IF/WHEN gender is removed from the new immigration bill

then

you have 100 percent chance of success with it.

For now, submitting the paperwork gets you a spot in the queue. When your turn comes for adjudication in the queue, take another look at DOMA and the new immigration bill - see what's what. It may be that timing was perfect on the submission, who knows?

Good Luck !

Edited May 17, 2013 by Darnell

[CC90 90]

If you're truely tansgender, is there anything in your documents that references you as male (other than possibly your birth certificate)? Your passport and visa show Female right? If so, it might not come up at all.

[Junieko 7]

I think our time is the right time. Cause after Policy Memorandum about Immigration benefit involving marriage of transgender individual was release April last year stated that the marriage between transgender and the opposite sex is considered heterosexual if the transgender is identified as a woman(or man in the F2M case). And I have already attained court order of gender change also female California Driver License. We included the letter of explanation in our I-130 with all the supporting documents.

My passport and visa is still male. Cause in thailand we are not allowed to amend birth certificate yet. But all other documents in the US including ID card is in female. I believe the paperworks is not the issue for us. We did everything according to the instruction. But still a little nervous.

And yes the case like this has been approved number of times before. But we just don't know them personally so we don't know who to ask.

Edited May 17, 2013 by Junieko

[Fight for Love 98]

aaawww i'm speechless. is that u in the photo..wow u really look like a female. very pretty!!

i have no advise but to wish u guys a goodluck!!!

[Junieko 7]

Thank you Fight for Love! You're so kind. I am hoping that the IO won't see me as a guy.

[AnotherLostSoul 167]

WOW....I'm amazed of this photo! You definitely don't like a gentleman, but rather, a nice, pretty lady. WOW! Very nice!!! I actually don't know the answer to your questions/concerns, but wish you guys the best!!! And maybe you guys won't bump into problems! Good luck and please take care!

Thank you Fight for Love! You're so kind. I am hoping that the IO won't see me as a guy.

[ImmemorialN 7]

Good luck!!

[sciencenerd 56]

There have been many successful petitions and, if your documentation is in order, you should be fine. The main thing is that the state you get married in has to recognize your marriage as an opposite-sex marriage (California does). I know of 5 different marriage petitions involving a transgender spouse in the last 4 years and all were easily approved with no delays at all. The case I'm aware of that was delayed (significantly) was more like 8 years ago and a lot changed in the years since that. If you have any questions, I highly recommend contacting someone at Immigration Equality (www.immigrationequality.org) - they are very experienced and knowledgeable and have lawyers available to answer questions for free. Good luck and congrats!

[rohandlulu 22]

Very pretty!!! Wishing u two all the best!!

[Mr&Mrs.Boo 5]

awww you look great girl!!!!Hope everything works for you and your husband!!!!Good luck!!!

[hmh33 117]

You may wish to consult J Craig Fong, a well-respected immigration attorney who specializes in cases involving non-traditional families. An initial consultation with him (which can happen over the phone or Skype) is free or inexpensive, and he can advise you whether it's straightforward enough for you to proceed with the application by yourselves or whether it's worth retaining an attorney.

I am NOT a lawyer, but my understanding is that it IS possible for a transgendered person to sponsor a spouse. But it's probably quite important to get all the facts right on the forms, and there may be subtleties.

[Boiler 45,527]

For some reason I thought the depth of transformation mattered.

Anyway second J Craig Fong.

[mtcmk1 37]

Good luck! You look great!

[fantonledzepp 159]

Good luck to you.