Our marriage date in Washington DC was cancelled due to weather

[christeen 966]

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

Cool.. It should be pinned somewhere so newbies can more easily find it, although the immigration questions might might the same, there are other issues many couples might have a need for input on (insurances, problems with states that do not recognize same sex couples, family issues unique to same sex couples etc...) good luck!

[kitthekat 1,317]

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

No, if a couple marries after the 90 days, the foreign beneficiary is treated like any other spouse of a USC who is residing in the US without legal status. While they cannot adjust status from the K1, so long as the foreign beneficiary marries the original US citizen who petitioned for him/her, they can file the I-130 and the I-485 concurrently, from within the US. The filing fees would be more expensive this way, but they do not have to leave.

Edited March 4, 2014 by kitthekat

[NikLR 13,227]

Basically to not get married before the 28th would put you out of status for the k1. You'd then have to file the I-130 and the I-485 which means a total of $1490 instead of $1070. So you either find someone who will do the job or you're out the $420 for the I-130 anyhow. If you don't have the money for $400 minister fee (which not all charge that.. My mom for instance, charges $200 while other minister friends of hers charge $500 or more. Keep searching, and check to see if there are some cheap tickets to vegas perhaps? Then you can have your honeymoon too.

[KayDeeCee 4,893]

The date you applied for the marriage license does not even matter. The date that matters is the day you are actually legally married. If you are not married before March 28, you will not be able to adjust status through your K-1 visa. You will have to return home and file for a spousal visa.

If the OP does not get married before March 28th and they do get married after March 28. The fiancee has to leave and apply for a new visa. They will not be allowed to file i-130 while the spouse is in the country. The K1 is very specific that you have to be married with the 90 day period and it does not allow for aos if you go past that date.

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

They do not have to leave the US if they do not marry within the 90 days. They can marry outside the 90 days and file the I-130 and I-485 together without ever leaving the US. It will just cost them more because they will need to pay the I-130 and I-693 medical fees on top of the $1070. Since they seem to be low on cash, this would not be the best option.

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)

Same sex couples use power of attorneys, wills, healthcare directives, etc. in order to have their spouse be allowed to have access and all the benefits they can get them. They can get a joint bank account together, You do not have to be married to have a joint account and credit cards. They should be able to provide evidence of co-mingling and co-habitation the same as anyone else can.

North Carolina's SSM ban is being challenged in court, so maybe they will not have to worry so much over all that soon.

[David & Diana R 1,005]

No, if a couple marries after the 90 days, the foreign beneficiary is treated like any other spouse of a USC who is residing in the US without legal status. While they cannot adjust status from the K1, so long as the foreign beneficiary marries the original US citizen who petitioned for him/her, they can file the I-130 and the I-485 concurrently, from within the US. The filing fees would be more expensive this way, but they do not have to leave.

Thank you

Edited March 4, 2014 by David & Zoila

[David & Diana R 1,005]

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

WRONG.

[EricaandHafedh 23]

WRONG.

I stand corrected. Never knew that was an option. Sorry about that!