Legal help. Should I or shouldn't I

[KayDeeCee 4,893]

Same sex get an attorney.

Why?

[Protocol417 161]

Why?

He is one of the people against SSM I mentioned.

[KayDeeCee 4,893]

He is one of the people against SSM I mentioned.

Well, someone can be opposed to it all they like, but that does not make the process different for a same-sex couple. I truly would like to know his thoughts on why he thinks you need a lawyer if you are same-sex but do not need one if opposite-sex. You file the same documents. The only exception would be for a same-sex couple doing the K-1 where the USC does not live in a state where SSM is legal and would need to be sure to include documentation showing they intend to get married in a state where it is legal. That does not require hiring a lawyer though.

[SCnC 0]

I'm in a same-sex relationship, I'm the foreign partner. We're trying to DIY to save cost, have been referring to this site to do our things. We're still in the midst of compiling our supporting documents. It's a scary journey.

[Protocol417 161]

Goodness gracious, I can't edit it, so I had to report my own post

[Ontarkie 14,145]

~~~~One post removed as requested by the poster and 2 other posts removed for quoting ~~~~

[DirtyHarry 5]

How rich are you? If you have tons of money lying around where it would not make any difference to you, then get a lawyer. I have not found any value in lawyers in the past. In fact, it is another point of failure. Sometimes they dont send documents on time, they don't send you notification that they receive on time. More than likely an intern will be preparing your paper work if you go with a big law firm. And if you get rejected, they really have no power to do anything. Its not like lawyers have a special hotline to the USCIS. They will straddle the fence and not give you any straight answers.

I would rather prepare my packets meticulously and with love. I know I will put in my best effort because it is my life that is at stake.

[HeatDeath 430]

The only nuances I'm aware of with SSM immigration processes involves the location of the marriage and where the couple intend to live.

In order to qualify for a CR-1 the couple have to be married, which means SS marriages have to be legal wherever the couple married. There may be some ambiguity as yet, but I do not believe USCIS currently consider a "civil union" to be a qualifying marriage for immigration purposes. The process would have to be a full "marriage" under local law.

With a K-1, the couple obviously cannot be married yet, but must be able to demonstrate that they will enter into a fully legal SS marriage within the United States within 90 days of the beneficiary's entry to the United States. I am not certain whether the couple can just travel to state where an SSM can be obtained, or if the petitioner must already be residing in a marriage-equality state, and intend to live there with the beneficiary after the marriage. Somebody who's been following the issues more closely may be able to speak to this.

None of this implies that an immigration lawyer will be necessary or even particularly helpful for a normal SSM immigration process. Lawyers are required when there is some kind of court process to establish particular facts and to debate and advocate how the law applies to those facts. Normal immigration processes are more about filling out forms according to precise instructions and mailing them to the correct addresses and waiting. In that context, all a lawyer is really doing is getting information from you and putting it on a [really quite simple] form, possibly introducing errors in the process.

If you're nervous, having a one-time consult to have the lawyer check your forms may help put your mind at ease for a relatively minimum expense, but it's really not worth having a lawyer actually do up the forms themselves.

Edited July 5, 2013 by HeatDeath

[HeatDeath 430]

A brief search for "Same sex marriage" on USCIS.gov shows:

Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?

A2: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.

So it seems pretty clear that spousal visas, at least, can be applied for regardless of the marriage laws of the state of residence of the petitioner. I couldn't find anything relating to how USCIS is treating SS fiance visa applications. I suspect they're still working it out themselves.

So the safest, least ambiguous course of action, at least for now, would be to obtain a SS marriage in a state that provides them, and then file for a CR-1.

Edited July 5, 2013 by HeatDeath

[KayDeeCee 4,893]

How DoS might deal with the same-sex K-1 applications was being discussed here last week > http://www.visajourney.com/forums/topic/438446-samesexmarriage/page-4

[Andrea&Henry 311]

Hiring an attorney is wasting your money! I did my k1 and my AoS myself (well with the help of my hubby of course). It was quick an easy, never get a RFE, and I saved probably $3000. A friend of mine hired an attorney for her k1 and not only she wastes thousands of $ but also got 2 rfe and a delay of 5 month. Is not worth it. And SSM are going to be process equaly, just like any straight couple. Just follow instructions

[QueenOfBlades 224]

You had me confused.

Big difference between a law passing and a law being struck down. A law being stuck down is the complete opposite of a law just pass.

Tell that to the person who said it then. Not me. It doesn't really make a difference whether it's been dismissed or passed, as the end result is the same.

[Protocol417 161]

~~~~One post removed as requested by the poster and 2 other posts removed for quoting ~~~~

Thank you very much!