Applying for Green Card from F1 or TN post-DOMA repeal

[F1DOMA 0]

Hi all,

Seeking some advice, here's my situation:

I am a Canadian citizen, have been in the US for 8 of the past 11 years, on an F1 (undergrad), F1 (masters), OPT, and now a TN visa (expires 2014). I have been accepted to a PhD program and planned to quit my job and transition back to an F1 visa this fall. However, I married my same sex partner of 4 years last fall, and now that DOMA has been repealed, I'd prefer to have a green card than be on the F1.

I had planned to apply for the green card once my F1 had been finalized - I figured the application will take longer than the 6 weeks between now and when my F1 should start, and a status change mid application would be a bad idea.

HOWEVER - i just heard that this may be a problem, either because an F1 is not an intent to stay visa, and it is fraud to apply for one if I have intent to stay, or because it is hard to get a spousal green card from an F1.

Anyone have any relevant experience or resources?

Thanks!

[mngoalie 10]

I'm just starting on the journey you are thinking of doing. It shouldn't be a problem as long as you didn't come here on the F1 intending to stay. Many have transitioned and Canada isn't a high fraud country. Plus, you were actually here on the F1 before meeting your partner, so that is a plus as well.

[Mehur4e 4]

I honestly don't know if that will work, because of your situation (same sex partner marriage). The only reason that I think it might be very difficult to get a green card is because in USA there are only few states that consider same sex marriage legal

[F1DOMA 0]

Thanks, Mehur4e, We have a legal MA marriage, and the repeal of DOMA a couple of weeks ago grants us access to federal benefits (immigration). So we're eligible for the green card, I just don't know which visa to apply from and on what timeline.

[mngoalie 10]

Thanks, Mehur4e, We have a legal MA marriage, and the repeal of DOMA a couple of weeks ago grants us access to federal benefits (immigration). So we're eligible for the green card, I just don't know which visa to apply from and on what timeline.

I'd go for a K-1 at this point.. if you came down on an F-1, already being married, you'd have a tough time saying you weren't planning to immigrate. K-1 would be the safer bet..

My partner is here on an F-1, but he wasn't planning on immigrating because, due to DOMA, it wasn't an option when he came down here.. Now its a change of status and hopefully we won't have problems.

[keepcalm 0]

Little off topic, but:

Same boat here, I feel like MODs should start a new sticky thread or sub-category for post-doma same-sex couples.

I'm curious about the experiences with interviews, as those should stsrt in about a month and see how different offices across the country react and treat same-sex couples. Also, the questions they ask, how invasive they are, and so on.

Also, some families and cultures are not supportive, so ie. USC's families can be but the other spouse's can just denounce them. How you go about proving the bona fides of your relationships? What if being too out could affect the livelihoods of your families overseas?

KC

[Harpa Timsah 13,258]

Little off topic, but:

Same boat here, I feel like MODs should start a new sticky thread or sub-category for post-doma same-sex couples.

I'm curious about the experiences with interviews, as those should stsrt in about a month and see how different offices across the country react and treat same-sex couples. Also, the questions they ask, how invasive they are, and so on.

Also, some families and cultures are not supportive, so ie. USC's families can be but the other spouse's can just denounce them. How you go about proving the bona fides of your relationships? What if being too out could affect the livelihoods of your families overseas?

KC

There was a discussion about this in the site feedback form and I argued that this issue is about equality and making a separate forum is not equal. The laws are the same so IMO it should all be in the same place and not treated differently. That's what the whole issue was about, wasn't it? There is a thread about it in the site feedback forum.

Bona fide is more about how you treat eachother, not about the people around you. Some traditional couples also have family issues.

OP: You could get the F1 now and worry about the immigration after that. Or you could file AOS right now. You'll have to check with the school and see what docs they want for enrollment. You won't have a GC by September, or even an EAD, so I think getting the F1 now is better for you.

[Leono27 3]

Little off topic, but:

Same boat here, I feel like MODs should start a new sticky thread or sub-category for post-doma same-sex couples.

I'm curious about the experiences with interviews, as those should stsrt in about a month and see how different offices across the country react and treat same-sex couples. Also, the questions they ask, how invasive they are, and so on.

Also, some families and cultures are not supportive, so ie. USC's families can be but the other spouse's can just denounce them. How you go about proving the bona fides of your relationships? What if being too out could affect the livelihoods of your families overseas?

KC

There was a discussion about this in the site feedback form and I argued that this issue is about equality and making a separate forum is not equal. The laws are the same so IMO it should all be in the same place and not treated differently. That's what the whole issue was about, wasn't it? There is a thread about it in the site feedback forum.

Bona fide is more about how you treat eachother, not about the people around you. Some traditional couples also have family issues.

OP: You could get the F1 now and worry about the immigration after that. Or you could file AOS right now. You'll have to check with the school and see what docs they want for enrollment. You won't have a GC by September, or even an EAD, so I think getting the F1 now is better for you.

hello, has certainly raised the idea to open a specific thread where we can bring together all kinds of comments and experience, especially since we are new to this process and while we have a lot of faith and trust, we go a little too blinded because neither even official pages have failed to provide specific details or any special request in our cases, many here think that we should open a separate thread or paperwork that we must consider different, because we'd be self defining as different ¨ ¨ anyway Equality is a universal principle, we are equal in our diversity, obviously everyone is special and different. Our community to bring this up you are looking identified feel much more connected and supported by what we live and what we can expect in the consulates.