Question about state laws

[SV350z 3]

Hi everyone,

I am mailing my K1 packet out today, we have a strong case, detailed information etc. I am a bit worried on one thing though: We are same sex. That is not what worries me but to be more precise, I recently read that two individuals got a refusal letter because the petitioner lived in Texas and it is illegal for first cousins to marry there and they are first cousins.

As many of you know, VA is not a gay marriage friendly state. I lived in Virgina for 6 years, before that I was born and raise in NJ. I moved and lived in Central America for 5 years where I met my partner and lived with him.

This year I listed my address as USA again because I have not remained in El Salvador the whole year, only 7 months, so filing my address would be VA as residence. I am worried they might deny our petition because in the state of VA it is not permitted that we marry, we have NO INTENTION (at all) of living in Virginia, we actually plan to reside in NJ which recognizes but does not marry same-sex yet, however, we would get married in a much more romantic place anyway. I like Mass and would plan to take him there, we would get married, and start our life in NJ together.

I wrote all of that in my I219 Supplement detailing those plans, but I just want to be sure, it would really suck for all of our hard work to be denied just because my residence is listed in VA.

Can anybody shed some light on this? I know it's a weird topic at VJ and same-sex isn't your main audience, so thanks for any support.

[susysteele 9]

It doesn't matter which state you live in, only that you get married in a state that legally recognizes same-sex marriage. You can reside in any state in the U.S., just make sure to marry where it's legal.

[kmiami15 8]

You will be fine... follow my timeline... I also filed I129F (we are a same sex couple) and it will be okay as long as you marry in state that recognizes it... USCIS recognizes your marriage where it was performed not where you currently live, in our case for same sex couples... I will follow your timeline as well and add you as a friend.. I wish you luck and invite me to your wedding...

¡Felicidades!

[SV350z 3]

susysteele - thank you. Huge relief.

kmiami15 - Gracias. I will add you as a friend and follow.

We are going to follow today, we are going to need someone to watch over us because his interview will be at the El Salvador embassy which has a reputation to be veryyyyyy slow.

[lost_at_sea 995]

Of course, there's not been many folks who've made it through the entire process yet as a same-sex couple, as the rules only just changed, so we're light on anecdotes to confirm or deny how officers are dealing with the actual matter of marrying in a country that only allows it in certain states. The requirements for the I-129f are clear - you must have met in 2 years and be free and legally able to marry.

It sounds to me like you've already thought about and tried to cover your bases in terms of explaining how and where you'll be legally marrying, though, and you can't do much more than that at this stage.

You might feel better if you go read some other threads with folks following the same path as you. I expect you'll find people from all the States: http://www.visajourney.com/forums/topic/445522-same-sex-k-1-i-129f-filed/

And there's an FAQ over here: http://www.visajourney.com/forums/topic/444198-same-sex-marriages-q-a-from-uscis/

[Harpa Timsah 13,258]

No one is sure what will happen because no case has made it to the visa stage yet, but it seems like you did a good job outlining your plans. It seems like you understand the cousin thing well. Good luck.

[SV350z 3]

lost_at_sea - thank you I did not find the FAQ on my own, the other thread I do follow.

Harpa - thanks! I outlined it to them, we have solid plans and I meet all the other requirements fine.

[kmiami15 8]

hopefully we get some approvals with visa in hand soon... I know there was a same sex case out of CSC that was already approved... and in a very short period of time as well... so things are moving along... there is no reason as to why not.... DOMA was struck down, it is down and it will stay down

[susysteele 9]

I think we're all a little nervous and will continue to be so until that K-1 visa is in everyone's respective hands. I'm very happy for the same-sex CSC couple who got an NOA2, but I really want to see what happens at their interview (and everyone else's). Either way though, their embassy isn't ours, so it just leaves more worry and wonder for us. We'll be going crazy until my fiancee is back in the U.S permanently and I'm sure everyone feels the same way. It's kind of like painfully agonizing excitement and anticipation. I simply can't pull myself away from the USCIS website, nor Visa Journey, lol. Good luck to everyone!!!!

[kmiami15 8]

I think we're all a little nervous and will continue to be so until that K-1 visa is in everyone's respective hands. I'm very happy for the same-sex CSC couple who got an NOA2, but I really want to see what happens at their interview (and everyone else's). Either way though, their embassy isn't ours, so it just leaves more worry and wonder for us. We'll be going crazy until my fiancee is back in the U.S permanently and I'm sure everyone feels the same way. It's kind of like painfully agonizing excitement and anticipation. I simply can't pull myself away from the USCIS website, nor Visa Journey, lol. Good luck to everyone!!!!

that´s right..... I am following your time.. we filed at the same time practically.... good luck!!!

[SV350z 3]

susysteele - I feel the same. I don't anticipate or see why there would be an issues for us now that DOMA is gone but I still will sleep better once the actual Visa lands in someones hand the first time. I know a same-gender couple has an interview thursday (tomorrow) so that is what I am waiting for.

The truth of the matter is that I am worried about the embassy in the foreign country, although many VJ members have assured me there is no reason to be. I have dealt with them many times as I have lived overseas with my fiancee but they are nuts and weird. Hopefully they will move things along well, hopefully we can get some good news from other filers soon on their journey.

VJ rocks - everyone. So thank you.

[KayDeeCee 4,896]

We shall soon see how the consulates handle it at the visa interviews. I hope DoS deals with it as well as the USCIS and that the COs deal with all applicants fairly without any personal prejudices getting in the way.