When (not if!) DOMA falls at the end of June...

[Sukie 1,463]

Hi all. I am a US citizen, legally married to my same-gender spouse, who is Australian. In 25 days or less, we'll know whether DOMA will be ruled unconstitutional. I know that I already have my I-130 petition filled out, as well as the G325As! I know a lot of same-sex couples who are NOT already married will be going the K-1 process, but I thought there might be others like me and my partner who will be IR-1/CR-1 petitioners.

I would assume that our bonafides will be exactly the same as an opposite-gender couple, but if anyone has any hints as to "the best" bonafides, I'd appreciate a discussion here.

While my partner and I have a lot of experience with immigration forms and interviews (I am now a permanent resident of Australia), we have decided to use an immigration attorney - given that the examiners will be seeing same-gender couples for the first time. I'm going to assume that we might be scrutinized more intensely than straight couples!

If there are other same-sex couples getting ready, I'd love to compare notes/stories/successes!

Sukie

[christeen 966]

I don't have any notes to compare, but I would like to say all the best in your journey and I really hope that you get the opportunity to be with your partner! Go get em!

[del-2-5-2014 1,339]

I'm ecstatic about this, for ulterior motive, and I wish you the best of luck on your journey.

[smrowe 12]

All the best, and I hope indeed DOMA falls!

The only heads-up I can give, which you may have already considered but which many people do not until later in the process, is that since you are a currently a permanent resident of Australia you will need to make sure you have established residency back in the US in order to get the visa, and make sure that you've been paying taxes on your foreign-earned income all these years, or submit those tax returns and start making a plan to pay back taxes now!

Also, it was my understanding that if DOMA was pulled, then one of the possibilities is that federal protections would only apply to people living in States where same-sex marriage was legal...so even if you are legally married, if you don't live in a State that recognizes gay marriage you wouldn't have any protections. Seems asinine to me, but you might want to think about that when establishing residency and make sure you don't live in one of the stone-age states so that they can't deny you on those grounds (a similar case in which the federal immigration bows to state law is with cousin marriage. If you live in a state where it is legal, then you are golden, but if not then you get denied, no matter the legality of the marriage where it took place).

[Ralph and Meghan 19]

i have a friend that's waiting for that doma as well. She's knowing her gf for ages now but can't get married until doma will be approved. Hope for a positive outcome.

[Sukie 1,463]

All the best, and I hope indeed DOMA falls!

The only heads-up I can give, which you may have already considered but which many people do not until later in the process, is that since you are a currently a permanent resident of Australia you will need to make sure you have established residency back in the US in order to get the visa, and make sure that you've been paying taxes on your foreign-earned income all these years, or submit those tax returns and start making a plan to pay back taxes now!

Also, it was my understanding that if DOMA was pulled, then one of the possibilities is that federal protections would only apply to people living in States where same-sex marriage was legal...so even if you are legally married, if you don't live in a State that recognizes gay marriage you wouldn't have any protections. Seems asinine to me, but you might want to think about that when establishing residency and make sure you don't live in one of the stone-age states so that they can't deny you on those grounds (a similar case in which the federal immigration bows to state law is with cousin marriage. If you live in a state where it is legal, then you are golden, but if not then you get denied, no matter the legality of the marriage where it took place).

Actually, the law says if you are MARRIED in a state where marriage is legal, it doesn't matter in which state you live. I'm a New Yorker, and I still have a residence in the US, and don't worry - I file income tax returns in both Australia and the US. I know the consanguinity rules are pretty funky, though!

So if DOMA falls, and you are legally married in a Marriage Equality state, even if you live in Alabama, the Federal rights will apply to you. (I'm originally from Alabama!). You will not be able to file joint Alabama Tax returns, though!

Sukie

[smrowe 12]

Actually, the law says if you are MARRIED in a state where marriage is legal, it doesn't matter in which state you live. I'm a New Yorker, and I still have a residence in the US, and don't worry - I file income tax returns in both Australia and the US. I know the consanguinity rules are pretty funky, though!

So if DOMA falls, and you are legally married in a Marriage Equality state, even if you live in Alabama, the Federal rights will apply to you. (I'm originally from Alabama!). You will not be able to file joint Alabama Tax returns, though!

Sukie

Okay, good! I'll admit, Constitutional law is not my strength. I'm really hoping that DOMA goes down, but some of the articles I was reading suggested that one of the decisions that could be handed down essentially leaves a patchwork that is really dependent on the state where you live. I hope you get just as smooth a process as the rest of us (and I hope those that follow get an easier/quicker time than we did)!

[Penguin_ie 5,993]

Actually, the law says if you are MARRIED in a state where marriage is legal, it doesn't matter in which state you live.

You probably know more about this than I, but I'd double check on that if it is relevant to you. We have had first cousins on here that got denied because even though they were married abroad where 1st cousin marriage is legal, the US citizen resided in a state where it was not legal and the visa got denied on that basis.

In terms of proof of bonafide, "face time" is the best proof- the more time you spend together, either visiting eachother or, even better, living together, the better.

[The Mean Lady 604]

Ahhhh this is so exciting!

This is something I've been wondering about.

I have no insight but I'm totally rooting for you guys.

Best of luck!

[EasternDE 35]

Hi all. I am a US citizen, legally married to my same-gender spouse, who is Australian. In 25 days or less, we'll know whether DOMA will be ruled unconstitutional. I know that I already have my I-130 petition filled out, as well as the G325As! I know a lot of same-sex couples who are NOT already married will be going the K-1 process, but I thought there might be others like me and my partner who will be IR-1/CR-1 petitioners.

I would assume that our bonafides will be exactly the same as an opposite-gender couple, but if anyone has any hints as to "the best" bonafides, I'd appreciate a discussion here.

While my partner and I have a lot of experience with immigration forms and interviews (I am now a permanent resident of Australia), we have decided to use an immigration attorney - given that the examiners will be seeing same-gender couples for the first time. I'm going to assume that we might be scrutinized more intensely than straight couples!

If there are other same-sex couples getting ready, I'd love to compare notes/stories/successes!

Sukie

Maybe I'm too optimistic but...

For how long have you been married...?

A straight couple with the same circumstances as you would get a very low level of scrutiny at a consulate like Australia, or even no scrutiny at all.

I can't find any reason why you would get any if you have been married for a couple of years or more and have tons of proofs of a common life.

The only thing that I can think of is that the CO would be personally against same sex marriage and therefore would let his personal feelings affect his decision.

Like some mayors are refusing to marry same sex couples in France right now. But I'm afraid this a very french attitude only... :x

But American people are way more obedient, so if DOMA pass, I'm pretty sure it'll be painless for you. (Ahahaha, I am so going to get bashed for that)

So maybe having an attorney around at the consulate stage would be helpful, or more like comforting.

Other than that, if you know how to file a form and know how to read the guides (and it seems you know them by heard already), I don't think you will need one.

Before the consulate stage, what immigration lawyers do is just to fill form for you, nothing more.

Plus, dammit, you're not guilty of anything, are you? So there!

I can't wait to go back to France to celebrate a couple of weddings. Many of my friends have been together for so long...

Luckily they had a way in France to stay together with the civil union contract we have.

Anyway, I wish you luck and happiness!

[NikLR 13,227]

You probably know more about this than I, but I'd double check on that if it is relevant to you. We have had first cousins on here that got denied because even though they were married abroad where 1st cousin marriage is legal, the US citizen resided in a state where it was not legal and the visa got denied on that basis.

Agreed! I remember this case. So yes you may have to reside in a state that same sex marriage is legal. I would double check on that. Just for safety's sake.

And ya know what, if they don't want you in the USA, the two of you could always come to Canada.

Wishing you the best of luck! *cheers*

Edited June 2, 2013 by NikiR

[EasternDE 35]

Hi all. I am a US citizen, legally married to my same-gender spouse, who is Australian. In 25 days or less, we'll know whether DOMA will be ruled unconstitutional. I know that I already have my I-130 petition filled out, as well as the G325As! I know a lot of same-sex couples who are NOT already married will be going the K-1 process, but I thought there might be others like me and my partner who will be IR-1/CR-1 petitioners.

I would assume that our bonafides will be exactly the same as an opposite-gender couple, but if anyone has any hints as to "the best" bonafides, I'd appreciate a discussion here.

While my partner and I have a lot of experience with immigration forms and interviews (I am now a permanent resident of Australia), we have decided to use an immigration attorney - given that the examiners will be seeing same-gender couples for the first time. I'm going to assume that we might be scrutinized more intensely than straight couples!

If there are other same-sex couples getting ready, I'd love to compare notes/stories/successes!

Sukie

Congratulations!!!! Wooohooo!!!

I can't imagine how you must be feeling right now.

[NikLR 13,227]

YAY!

[nami33 6]

DOMA just got struck down!!!. Your wish has been granted.... Good luck

[TBoneTX 45,309]

*** Thread moved from CR-1 Process forum to the Case Progress subforum. ***