SameSexMarriage

[RevDoc 13]

We've been at this now for 10 years, back and forth.

I am u.s. citizen, he Italian- with a government job there that he is willing to give up

We want him to be able to go back and forth during the process because he has close ties with his family and his mom is aging.

We are not yet married.

Is there a K3 equivalent for fiance and can he travel here before that is approved?

the 129F won't allow travel or does it?

If not, if we happen to marry next time he come in the country and returns to Italy, I assume we wait until the K3 comes is approved before he can come back?

Or is it better if we go to Spain or France and get married there and then file?

Of course, I would apply for the I130 as soon as he leaves and then the 485

I am also a citizen, but not resident of Italy..would we be able to file for CR1

[Nat&Dank 1]

Unfortunately, USCIS does not recognize same-sex marriages for any purpose regardless of where the marriage was entered into.

[RevDoc 13]

Not true. DOMA was struck down yesterday. Same sex marriage that has taken place in a state/country in which it is legal is now recognized by the federal government for immigration purposes among about 1000 other things :-)

[Nat&Dank 1]

Very nice! Thank you for the information

Edited June 27, 2013 by Nat&Dank

[Harpa Timsah 13,258]

We've been at this now for 10 years, back and forth.

I am u.s. citizen, he Italian- with a government job there that he is willing to give up

We want him to be able to go back and forth during the process because he has close ties with his family and his mom is aging.

We are not yet married.

Is there a K3 equivalent for fiance and can he travel here before that is approved?

the 129F won't allow travel or does it?

If not, if we happen to marry next time he come in the country and returns to Italy, I assume we wait until the K3 comes is approved before he can come back?

Or is it better if we go to Spain or France and get married there and then file?

Of course, I would apply for the I130 as soon as he leaves and then the 485

I am also a citizen, but not resident of Italy..would we be able to file for CR1

You've got a lot of stuff mixed up,o check out the guides section to clear it up.

The choice is K1 for fiance or CR-1 for spouse. K3 is dead.

For either, he can visit in the meantime.

K1 requires marriage in the US after visa issuance. CR-1 can be filed after you are legally married, anywhere in the world.

[Mark88 183]

It might help to get married in a US State where same sex marriage is legal. This way USCIS can't work themselfs around it, claiming the marriage isn't legal. But I have no experience in this field

Once married you and/or him can go back to Italy and start the process there. If beeing able to show sufficient binding ties, travel with the VWP shouldn't be a problem.

[RevDoc 13]

hmmm, o.k.,, but this is what I found from the .gov website

http://travel.state.gov/visa/immigrants/types/types_2993.html#1

[Ozz777 23]

hmmm, o.k.,, but this is what I found from the .gov website

http://travel.state.gov/visa/immigrants/types/types_2993.html#1

On the page you linked to;

• Same-sex marriages are not recognized by immigration law for the purpose of immigrating to the U.S.

Maybe they haven't updated the site yet.

[Darnell 8,478]

ya, it's a bit weird, yes?

all paths lead to a green card,

but

chasing a visa, IMO, isn't attainable just yet for same-sex couples.

adjusting status IS attainable at the moment...

know the difference between the two, and refactor your plan.

Take your time, and refactor your plan.

[Harpa Timsah 13,258]

ya, it's a bit weird, yes?

all paths lead to a green card,

but

chasing a visa, IMO, isn't attainable just yet for same-sex couples.

adjusting status IS attainable at the moment...

know the difference between the two, and refactor your plan.

Take your time, and refactor your plan.

On what basis do you say that? What I have been reading is that all is a greenlight, except that for a K-1 the marriage must be able to be performed in the state they reside in.

If it is a greenlight, I expect there to be some serious delays, of course.

[Darnell 8,478]

DoS vs USCIS.

[Harpa Timsah 13,258]

DoS vs USCIS.

So? Why would DOS fall outside of US law?

[SamF 0]

According to the Times Blog: "Janet Napolitano, Secretary of Homeland Security, confirmed the effect of the ruling in a statement yesterday. “I applaud today’s Supreme Court decision…This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits,” she said. “Working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.”"

Read more: http://swampland.time.com/2013/06/27/doma-rulings-impact-on-immigration/#ixzz2XM7uQdLp

Pretty sure that means you can try your luck at filing the CR-1 from abroad or adjusting your status once married and in the US. Good Luck.

[smrowe 12]

To be on the safe side, you may also want to ensure that you reside in a state where gay marriage is legal. Yes, striking down DOMA was partially about equality, but it was also partly a states' rights decision. At this point we can only be sure that the federal government will confer rights upon couples who are residing in states where their marriages are recognized.

[islandgal 74]

On the page you linked to;

• Same-sex marriages are not recognized by immigration law for the purpose of immigrating to the U.S.

Maybe they haven't updated the site yet.

You're right...they haven't updated the site yet, but it's being reported on the news that USCIS said they will begin allowing samesex spouses the opportunity since the Supreme Court's decision yesterday.