Same -Sex Bi National couple getting married and need advise!

[Harlemman4u 0]

Hi Folks,

I am a US Citizen living in the state of California where they recently repealed the DOMA act. I have a fiancé/partner who is a Ghanaian citizen residing in Ghana presently and we have been together for over 5 years now. We are planning on going to Spain or South Africa to get married and then come to the USA together? I know that the USA recognizes traditional marriages from Spain and/ or South Africa but does that apply for same-sex marriages? Also, when we get married, will my Ghanian spouse have to return to Ghana or be able to depart to the USA from either Spain or South Africa? I am very concerned about potential harm or even loss of life if my spouse should have to return to Ghana after we are married or have applied for a spousal visa entry to the USA... is it necessary to go back to Ghana in order to process the IR-1/CR-1 Spouse Visa before coming to the US or upon getting married can we depart from Spain or South Africa back to the US? . Also what is the likely timetable for all of this to occur? Any advise would be most greatly appreciated.

[Harlemman4u 0]

Hi Folks,

I am a US Citizen living in the state of California where they recently repealed the DOMA act. I have a fiancé/partner who is a Ghanaian citizen residing in Ghana presently and we have been together for over 5 years now. We are planning on going to Spain or South Africa to get married and then come to the USA together? I know that the USA recognizes traditional marriages from Spain and/ or South Africa but does that apply for same-sex marriages? Also, when we get married, will my Ghanian spouse have to return to Ghana or be able to depart to the USA from either Spain or South Africa? I am very concerned about potential harm or even loss of life if my spouse should have to return to Ghana after we are married or have applied for a spousal visa entry to the USA... is it necessary to go back to Ghana in order to process the IR-1/CR-1 Spouse Visa before coming to the US or upon getting married can we depart from Spain or South Africa back to the US? . Also what is the likely timetable for all of this to occur? Any advise would be most greatly appreciated.

[kzielu 1,149]

When you get married, you will have to submit petition I-130, which will take about 6 months to process, Once approved, your spouse will have to go through consular process and that will have to happen in a place where he is a legal resident. Can be Spain or other country, as long as he is a resident there. Everything together will take about 8 to 10 months - look at timelines of other couples.

[Harpa Timsah 13,258]

Marriage by itself does not give your spouse the right to move to the US, so after the marriage you can't just come to the US, unfortunately. You will have to pursue a spousal visa and that takes around 8-10 months.

If you think being a married gay person in Ghana is dangerous, then you could apply for the fiance visa, which gives the foreign partner a visa to come to the US to get married and live here. After the marriage in the US on the fiance visa, you would apply for permanent residency for the foreign partner. The fiance visa takes 6-10 months to obtain. Good luck.

[NigeriaorBust 4,087]

Even though it is dangerous to be "out" in certain places the US does not afford protection automatically because of this. If your SO can seek asylum elsewhere or permanent residence they can interview outside their birth country. If you properly document the offical government stance towards gays you might have a shot at an expediate. Immigration will recognise ANY marriage recognised as official by the government of the country where it takes place . For example Nigeria does NOT fficially recognise traditional marriages so they don't alway stand on their own for immigration purposes. You need a court/church wedding on top of the traditional

[Boiler 45,730]

K1 may be a better bet, where are you living now Ghana?

[Harlemman4u 0]

I am living in California and my partner is living in Ghana. Filing for a same-sex k1 visa in Ghana could be dangerous for my partner. Too risky that wrd coyd be leaked about our plans to thse who would attempt to harm or kill my partner. Th only other alternative we could generate is to come under a k1 vas with someone f opposit sex and nce n the US. Seek asylum. But that is extremely risky. And stressful not to mention illegal. Not sure what to do.

[Ban Hammer 13,429]

duplicate topics merged

[Boiler 45,730]

I guess I am getting confused, if you are in CA and he is in Ghana how does that match with you being together for 5 years? Have you actually met?

[reneegh724 14]

Maybe email the consular section in Accra and get their advice for what you could do? Expediting the visa could be a last option (either the spousal or fiance). I am sorry for your troubling situation... definitely DON'T do anything illegal. Or you and your wife will never be together in the US, you will be the one living in Ghana to be with her. You in a way are lucky, the situation is bad of course, but not as bad as it used to be in Ghana years ago...

[Harlemman4u 0]

I guess I am getting confused, if you are in CA and he is in Ghana how does that match with you being together for 5 years? Have you actually met?

We met 5 years ago when I lived there...I travel back and forth since then.

[Boiler 45,730]

I can not see how going through the visa process could be more of an issue than you being there with him. The latter sounds much more obvious.

[Harpa Timsah 13,258]

Who would know you filed for a fiance visa? No one would...

[NYCruiser 423]

Actually this could be a valid concern fwo reasons"

1. The American CO is not the only point of contact for your Ghanian {partner)...before he or she gets to the CO, usually there are local visa personnel that check the docs eg DS-160 etc....not sure..though the confirmation page says nothing.

2. When he or she is being interviewed for the K1 or the Spouse Visa, the waiting applicants could be nearby and over hear...You could ask for a private room perhaps?

Any comments from anyone else?

[NYCruiser 423]

This letter might address your concerns: I am not sure what the response from the DOS is regarding this letter. I do know that the US Government is required to respond to letters such as this from Congress within a timely manner. Maybe an email or phone call might help in finding out what they are doing?

http://www.menendez.senate.gov/newsroom/press/sen-menendez-asks-sec-kerry-to-ensure-safety-of-lgbt-mixed-status-and-immigrant-families