SameSexMarriage

[canada_socks 97]

Just one more thing to slow down the system.

Seriously?

This is a great thing to have happened. Same sex couple should have been allowed this right this entire time.

[elmcitymaven 9,712]

Just one more thing to slow down the system.

Yes, it's so sad when our fellow citizens are afforded the same privileges we are.

[Protocol417 161]

Seriously?

This is a great thing to have happened. Same sex couple should have been allowed this right this entire time.

Just ignore it. He's anti-SSM and was trolling the forums on this subject yesterday.

[UK-USA-K1 128]

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

The K-3 (from what I've heard) is pretty much obsolete. The K-1 which is filed by the beneficiary after the I-129F (filed by the petitioner) is accepted, is for fiance visas and travel is allowed (assuming they are able to travel on a standard tourist visa or Visa Waiver Program).

The catch with the I-129F with your particular case is that as you are not married yet, they may scrutinize it more to insure that you marry where it is legal to do so and that may depend upon where you are applying from. This part I have no idea about since it's a new process to everyone. How USCIS treats it won't really be known until someone tries it. If you do got he I-129F/K-1 route, you will have to marry within 90 days of the beneficiary entering the country with the approved visa.

The other option, is to marry in a country or state where it is legal to do so, then to file the spousal visa. This is the CR1 you are talking about. As long as you marry in a place where it is legal to do so, I don't see any issues, but of course there is likely to be higher scrutiny as this is going to be something of a first and whenever something is first, it has a higher likelihood of having unforeseeable issues.

I do wish you the best of luck on your journey no matter which you decide to take.

[Dr. A ♥ O 203]

For fiance visa you do K1. Here is the update on same sex marriage immigration.

Carry on! http://immigrationequality.org/2013/06/the-end-of-doma-what-your-family-needs-to-know/ The End of DOMA: What Your Family Needs to Know

June 26, 2013 / by Victoria Neilson

General information, such as that provided below, does not constitute individual legal advice nor is it meant to take the place of individualized legal advice; however, we do hope to answer some of the questions we hear most often. You should always consult with a qualified immigration attorney about the individual facts of your case before making any decisions about your particular situation.

What did the Supreme Court say about DOMA?

The U.S. Supreme Court held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. Section 3 of DOMA was a federal law that limited federal marriage recognition to different-sex couples. Because immigration law is federal, DOMA prevented lawfully married lesbian and gay couples from obtaining lawful permanent residence (“green cards”) through marriage. Now that DOMA has been struck down, American citizens and lawful permanent residents can submit green card applications for their same-sex spouse.

Can LGBT couples get green cards now?

Yes, most families will now be able to obtain a green card.

With the end of DOMA, LGBT families will be treated the same under immigration law as different-sex immigrant families. Immigration law is complicated and there will still be barriers for some couples, but the systemic discrimination that prevented our families from receiving the same respect under the law as others has ended. Green card applications will no longer be denied solely because a couple is lesbian or gay.

Do we have to live in a marriage equality state to apply for a green card?

No. If you have a marriage that is valid in the state or country where you were married – regardless of where you live – that marriage makes you eligible to apply for a green card.

The United States Citizenship and Immigration Services (“USCIS”) looks to see whether you entered into a valid marriage in the state or country where you married. While some federal benefits may only be available to married couples if you live in a state which recognizes your marriage, fortunately, this is not the case for immigration benefits.

We married in Canada. Do marriages from outside the U.S. count?

Yes. As long as the marriage was validly entered into, it is sufficient for immigration purposes. In fact, Edie Windsor, the plaintiff in the Supreme Court case, married her wife in Canada.

Does a civil union or domestic partnership count?

The answer to this is not entirely clear, and we hope to have guidance on this soon. If it is possible for you and your partner to marry, you may be better off marrying because you could then feel more secure that your relationship will be recognized for immigration purposes without having to wait for further guidance.

My partner can’t get a visa to get to the United States, and we can’t marry in his/her country. What are our options?

U.S. citizens can file fiancé/e visa applications for committed partners. This application requires the couple to demonstrate that they have a “bona fide” relationship. When the visa is granted, the couple is required to marry within 90 days of the foreign partner’s entry into the US. Once married, the couple can file the marriage-based application from within the United States.

For families that can travel to another country that has marriage equality, another option would be to marry there and then have the U.S. citizen sponsor the foreign national spouse for a green card through consular processing in his/her home country.

We live in exile. How soon can we come home?

For couples in exile together, the U.S. citizen could file for a fiancé/e visa or the couple can marry and the foreign spouse can consular process. It will take several months before a visa is actually issued, but processing times vary by consulate. Therefore, we cannot say exactly how long it will take before families are able to return to the United States. Keep in mind that once a foreign national becomes a green card holder, s/he must live primarily in the U.S. If you are not ready to move home, it may be too soon to apply.

Once I apply to sponsor my spouse, how long will we have to wait until s/he can work?

For couples who live in the United States together, it is common to file an application for work authorization along with the application for lawful permanent residence. Processing times vary throughout the U.S., but generally employment authorization documents (EADs) are issued within 90 days, and marriage-based interviews are generally scheduled within 9 months after filing.

My partner is here on a work visa. Is a marriage-based visa better?

It depends. In general, marriage-based petitions are adjudicated quicker than many other applications for lawful permanent residence. Employment-based petitions are complex, with most categories requiring the employer to prove that there are no U.S. workers able, willing, and qualified to fill the position. There is also an annual cap on the number of employment-based green cards that can be issued, which has created years-long backlogs in several employment-based categories. Since there is no limit to the number of green cards that can be issued to the spouses of U.S. citizens, a marriage-based petition may result in a green card much more quickly. However, in a marriage-based case, the American spouse has to file an affidavit of support proving that he or she can maintain the applicant at above 125% of the poverty level. So, in some cases, it may make sense to pursue lawful permanent residence through an employer if that’s an option. Regardless of whether a foreign national obtains a green card through a marriage-based petition or through a different avenue (like an employer), he or she can apply to become a citizen after three years (rather than five) if married to an American citizen.

I am undocumented, my partner is American. Can we apply?

It depends. Under U.S. immigration law, the general rule is that a person who is in the U.S. without lawful status cannot change from within the U.S. from being here unlawfully to being here lawfully. One significant exception to this rule is that the spouse of a U.S. citizen can apply for a green card from within the U.S. (to “adjust status”) as long as he or she entered the U.S. through a valid port of entry, in other words, following inspection by a U.S. official.

For those undocumented individuals who entered the U.S. without inspection (“EWI”), the applicant must return to his or her home country to apply. In the past, this was unworkable for most families, because once the applicant left the country he or she was barred from returning for many years. There is now a waiver available which can minimize the length and uncertainty of that wait.

We have children. How will this affect them?

Generally, when a U.S. citizen files an application for lawful permanent residence for a spouse, he or she can also file for the spouse’s children as “step-children.” Even if you don’t see your children as “step-children,” if the foreign spouse is the biological parent of the children, filing a step-child petition for lawful permanent residence will probably provide the most efficient way to obtain their green cards. You and your partner must have married before the child turned 18, and the child must currently be under 21 and unmarried in order to get a green card at the same time as the parent’s marriage-based green card.

What about the immigration reform bill? Do we need to be in it now?

As long as USCIS and the Department of State interpret the Supreme Court decision as they should, we should not need further legislative action to provide relief to married lesbian and gay couples.

Immigration reform is still important for LGBT people, however. There are critical protections in the bill for asylum seekers, alternatives to detention for LGBT detainees, and procedural protections for those who are detained, including limiting the use of solitary confinement for LGBT detainees. The bill also provides a pathway to citizenship for those who are in the U.S. without lawful status, at least a quarter-million of whom are LGBT. The bill further provides an accelerated path to citizenship for DREAMers, young people who came to the US as minors, grew up as Americans, and whose movement for change has been led by many brave LGBT people.

Do we need a lawyer? Do we need a lawyer that specializes in LGBT issues?

It’s always a good idea to have a lawyer when applying for an immigration benefit and spousal petitions can be very complicated. Immigration Equality maintains a referral list of private immigration attorneys who have an understanding of LGBT issues.

Immigration law is very complicated. While many people successfully file marriage-based applications for lawful permanent residence without a lawyer, we generally recommend that people should seek out representation by qualified counsel.

Will Immigration Equality be our lawyer?

With an estimated 36,000 same-sex binational couples living in the United States and many more separated or living in exile abroad, Immigration Equality’s legal team cannot personally represent all the families who will be applying in the days and months ahead.

We have a referral list for LGBT-friendly private immigration attorneys which we are happy to share. We are continuing to provide technical support, training, and mentoring for these attorneys and will advocate with the relevant agencies if we hear of problems with applications after the DOMA decision. We are working closely with attorneys on our referral list to ensure they have all the information necessary to help LGBT couples. Immigration Equality maintains a referral list of private immigration attorneys whom we have trained on these issues, and we are collaborating with the American Immigration Lawyers Association to make those training materials available to all reputable practitioners.

What can we do today to start preparing for our application? What kind of things do we need to gather?

It is important that you and your partner be legally married. As with any marriage-based petition for lawful permanent residence, you will need to prove to USCIS that your marriage is “bona fide,” that is that you married for love and not merely to get an immigration benefit. Thus, USCIS will look for proof that your relationship is real, including proof that you: live together; share finances; hold each other out as a couple; spend holidays together, in some cases raise children together, etc. It will be helpful to begin to put this type of evidence together. For more information about the procedural requirements of filing for the green card please, see our FAQ on adjustment of status.

Does Immigration Equality plan to close? Why do you keep asking for donations?

Over the months ahead we will keep pushing the Obama administration to issue green cards without delay, and troubleshooting problems for families in exile, especially those with young children. We will keep training private attorneys and government officials in how to handle special issues that arise for LGBT families. We will keep taking and placing asylum cases for people who are fleeing for their lives. We need your support to do all of these things. Immigration Equality expects to answer thousands of requests for help over the next few months. We will do that – along with training our network of attorneys – with a tiny in-house legal staff and a limited budget. Your support ensures that we can connect everyone to an LGBT-friendly attorney, trained by our team, who can help you apply. Immigration Equality’s board of directors has undertaken a strategic planning process to determine what’s next for the organization. We will not close our doors until every LGBT family is treated equally under our immigration laws, and asylum seekers have the safety and security they need.

[Bugs 455]

It takes 25 days for SCOTUS rulings to become official.

[Penguin_ie 5,994]

*** Moving from Bringing Family of LPRs as the OP is a US Citizen to General Immigration as no visa has been decided on ****

[Gosia & Tito 199]

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

That changed yesterday, however, for now only for the states that allow same-sex marriage. For those states, it would take 1-2 months to setup things for purposes of immigration. Goo dluck

[grinchus 11]

Hi, I wanted to share this news story with you about a deportation process being stopped because of the DOMA ruling yesterday: http://tv.msnbc.com/2013/06/26/judge-stops-deportation-hearing-minutes-after-court-strikes-down-doma/

So the fact that the feds recognize SSM is having an immediate effect. I don't know how this impacts K-1 (fiancee') filings. The DOMA ruling appears not to have declared that SSM is universally constitutional in the U.S., just that those marriages performed in states where it is legal are now considered legal on a federal level (however states that don't want SSM are still allowed to vote that way).

You and your partner could make your way to a state where you can legally marry (if you are not in one already), get married, and then apply as a married couple. At least you know, based on that news story at least, that he can't be deported. I'm not an immigration lawyer, though. This is all just my opinion.

Your partner's willingness to give up a gov't job in Italy is an indication of true love!! My husband is Italian, so I know how coveted those positions are!

The best of luck to both of you!! In bocca al lupo!

[grinchus 11]

Just one more thing to slow down the system.

Yeah, don't you just hate it when people have rights?

[Andrea&Henry 311]

Yeah, don't you just hate it when people have rights?

. Hahahahahaha

[RevDoc 13]

do most use an attorney to do this or is it really pretty simple?

[grinchus 11]

do most use an attorney to do this or is it really pretty simple?

Do you mean the K-1 process in general? I don't actually know what the most common way of doing this is. I would assume it depended on how complicated an individual case was, or people's comfort levels about going it alone vs having legal assistance.

My (now) husband and I did it ourselves. He entered on a K-1 (fiance) visa and we married here w/in 90 days of his entry and followed all of the steps.

This website is sooooooooooooo helpful, including the Forums and the Guides. We also bough the Nolo Press book on Fiance and Marriage Visas:

http://www.amazon.com/Fiance-Marriage-Visas-Couples-Immigration/dp/1413317375

We just, literally, followed the instructions step by step, and it worked out. It's not hard, but it is time consuming to gather all the docs, cross all the t's and dot all the i's.

[RevDoc 13]

all…very helpful..thank you!

[grinchus 11]

Just FYI, there is also an organization called ImmigrationEquality (if you don't already know about it): http://immigrationequality.org/) whose mission is to fight for immigration equality for the LGBT community. You don't have to use their services or anything, but they would be a useful go-to place for breaking news and changing policies.