Our marriage date in Washington DC was cancelled due to weather

[David & Diana R 1,005]

Ummm how can you file same sex, if where you live it is illegal. Your AOS will not be approved, regardless of where you get married, it is where you live that makes the marriage legal. Regardless of whether you get married within the 90 days, is it legal?

This is a good point. Does North Carolina acknowledge same sex marriages performed in other states??? You may want to dig a little deeper here...

[Sukie 1,465]

This is a good point. Does North Carolina acknowledge same sex marriages performed in other states??? You may want to dig a little deeper here...

Ummm how can you file same sex, if where you live it is illegal. Your AOS will not be approved, regardless of where you get married, it is where you live that makes the marriage legal. Regardless of whether you get married within the 90 days, is it legal?

Folks, it does not matter where you live for federal immigration purposes! As long as you marry in a place where same-sex marriage is legal, you are married for spousal immigration purposes.

Do not give legal advice if you do not know the law.

Sukie

[David & Diana R 1,005]

Ummm how can you file same sex, if where you live it is illegal. Your AOS will not be approved, regardless of where you get married, it is where you live that makes the marriage legal. Regardless of whether you get married within the 90 days, is it legal?

This is a good point. Does North Carolina acknowledge same sex marriages performed in other states??? You may want to dig a little deeper here...

Folks, it does not matter where you live for federal immigration purposes! As long as you marry in a place where same-sex marriage is legal, you are married for spousal immigration purposes.

Do not give legal advice if you do not know the law.

Sukie

Sukie,

You obviously did not read either of the quotes you are complaining about. If you had you would have seen that both posters (myself included) were having doubts themselves and were trying to help the original poster. And I don't think either myself or the other poster claimed to be lawyers so what is your problem? Take a chill pill.

Have a nice day

[sharky-rex 76]

It doesn't matter what North Carolina acknowledges, for immigration it's the place of celebration that counts.

[Sukie 1,465]

Sukie,

You obviously did not read either of the quotes you are complaining about. If you had you would have seen that both posters (myself included) were having doubts themselves and were trying to help the original poster. And I don't think either myself or the other poster claimed to be lawyers so what is your problem? Take a chill pill.

Have a nice day

Sorry if I sounded snappish. Same-sex couples have been fighting for legitimacy for years, and when Section 3 of DOMA was declared unconstitutional in June 2013, it gave us legal standing for immigration purposes, and other critical purposes - no matter where in the US we live.

I'm nearly 60 years old, and have been considered "less than" for more than 40 years. So when people are questioning a couple who are already upset and scared, when the law clearly recognizes them, I just realize that our fight to be equal still has a long way to go - especially in getting proper information out there.

I apologize for jumping down your throat - but it would be more helpful if people truly understood the law - and advised people appropriately - instead of doubting the legitimacy of their marriage.

Sukie

[David & Diana R 1,005]

It doesn't matter what North Carolina acknowledges, for immigration it's the place of celebration that counts.

That seems logical. Immigration is a Federal agency so it would seem to follow that anyone legally married in the United States would be considered married by Federal standards.

But here's an interesting question... What if a same sex couple got married in another country? Does the US Federal government accept that marriage in the case of a CR-1? Just asking. Food for thought.

[David & Diana R 1,005]

Sorry if I sounded snappish. Same-sex couples have been fighting for legitimacy for years, and when Section 3 of DOMA was declared unconstitutional in June 2013, it gave us legal standing for immigration purposes, and other critical purposes - no matter where in the US we live.

I'm nearly 60 years old, and have been considered "less than" for more than 40 years. So when people are questioning a couple who are already upset and scared, when the law clearly recognizes them, I just realize that our fight to be equal still has a long way to go - especially in getting proper information out there.

I apologize for jumping down your throat - but it would be more helpful if people truly understood the law - and advised people appropriately - instead of doubting the legitimacy of their marriage.

Sukie

And I apologize to you if you think I was questioning anyones right to be married. I am happy for you and your partner. I believe anyone that finds love is blessed. It is not my duty to judge anyone and I never will.

God Bless you and yours,

P.S. I gave you a thumbs up!!

Aloha

Edited March 3, 2014 by David & Zoila

[sharky-rex 76]

That seems logical. Immigration is a Federal agency so it would seem to follow that anyone legally married in the United States would be considered married by Federal standards.

But here's an interesting question... What if a same sex couple got married in another country? Does the US Federal government accept that marriage in the case of a CR-1? Just asking. Food for thought.

Yes, provided it's actual marriage and not domestic partnership or whatever else not-quite-marriage-second-order thing. And, of course, that it's legal and valid in that country.

[Sukie 1,465]

That seems logical. Immigration is a Federal agency so it would seem to follow that anyone legally married in the United States would be considered married by Federal standards.

But here's an interesting question... What if a same sex couple got married in another country? Does the US Federal government accept that marriage in the case of a CR-1? Just asking. Food for thought.

As long as the marriage is legal where it occurs, it is recognized by the Feds. For example, the couple who brought the DOMA lawsuit to the Supreme Court were married in Canada. They lived in New York, and though, at the time they married, NY didn't allow same-sex couples to marry, they DID recognize marriages in countries or states where it was legal.

It is a lot to think about! And it is so difficult now, since some states DO recognize and some DON'T.

Sukie

[christeen 966]

I have a question for the mods regarding this subject.... I understand they do not want to add an area for same sex marriages, but there are many issues that are unique to same sex couples, how about adding a section in the regional discussions so same sex couples? The regional discussions are for issues and info unique to various regions, I would think is would be helpful formsame sex couples to have a forum to get info specific to their situation, especially since DOMA restrictions have been so recently rescinded? Just a thought?

[Sukie 1,465]

I have a question for the mods regarding this subject.... I understand they do not want to add an area for same sex marriages, but there are many issues that are unique to same sex couples, how about adding a section in the regional discussions so same sex couples? The regional discussions are for issues and info unique to various regions, I would think is would be helpful formsame sex couples to have a forum to get info specific to their situation, especially since DOMA restrictions have been so recently rescinded? Just a thought?

We do have a forum - it's called "Bi-National Same-Sex Couples: Show up!"

And, quite frankly, now that DOMA has been ruled unconstitutional, our issues are the same as straight couples. We chafe at the 7-9 months at USCIS, and we are screaming with the backlog at NVC....same as everyone else....

Sukie

[Udella&Wiz 325]

Hopefully the weather lets up quickly - honestly it snowed today and by the weekend we'll all be walking around in tshirts! I gather you had your hearts set on DC but I think Maryland would be an option too?

Edited March 4, 2014 by Udella&Wiz

[Gosia & Tito 199]

That seems logical. Immigration is a Federal agency so it would seem to follow that anyone legally married in the United States would be considered married by Federal standards.

But here's an interesting question... What if a same sex couple got married in another country? Does the US Federal government accept that marriage in the case of a CR-1? Just asking. Food for thought.

Do have questions though. Feel free to educate me:

If a same sex couple lives in a state that does not recognize it (yet they were married in a state that does):

How would they prove bona fide (in AOS, ROC) if the state law (of where they live) does not allow for most of the documentation a couple usually presents that shows them as married?

For example, health insurance might not even be applicable as under state law, they are not married.

Affidavits might ve void? I mean how would the couple represent to other that they are married if the marriage does not legally 'exists' in that state. I am in TX and they went a step further -ridiculous IMHO: you have to be born man/woman to be married otherwise is null and void.

Accounts and other financial instruments (inclusive to real state) can be made with a relative (I have several with my sister, who has my same last name for example)

[Vivsan 1]

Here's a link to the list kept by Fairfax county

I can vouch for Georgiana Havill who was great - I don't recall what we paid, but it was certainly under $400.

Also, if you notice there in the form, celebrants are allowed (by Virginia law) to charge up to $50 for the ceremony and 56 cents per mile travel. You can, I am sure, tip also...

Georgiana married us and she was amazing! As bob says there's a law that says you should not pay more than 50 dolars plus the extras for traveling. In our case she offered her house for the ceremony. An amazing place with a lake view. I'll recommend you to get married before the 90 days, otherwise it will be a lot of time and money wasted for nothing!

[EricaandHafedh 23]

I believe this is wrong. Foreign fiance overstay is forgiven upon marriage to US spouse even if marriage occurrs after the 28th. (Why are people always scaring people unecessarily by providing false or incorrect information?)

However, I would just get married before the 28th, problem solved. I would be very surprised if the courthouse you are going to would not make special accomodations for you since they were closed due to weather. Talk real nice and I bet they get you in right away.

Good luck and God Bless

No one is scaring anyone unnecessarily here. You are incorrect- k-1 visas are unique in that you cannot marry after the 90 days and adjust. You must marry within the 90 days or leave and file again for a new visa. No forgiveness for marrying past 90 days on a k-1