AOS from B2 visa - gay marriage

[Tormentis 2]

Hello everybody,

Did anybody here do the ajustment of status from tourist visa a) in Miami b) under gay marriage?

Thanks

[Erica & L 52]

I adjusted from a tourist visa and I am married to my same-sex spouse, but not from Miami. If I can answer any questions, let me know!

[Tormentis 2]

Thank you

Yes I do have some questions. I was wondering what to expect on the interview?

We do have a lot of proofs of the marriage, we are in love and there's no questions about it, but we couldn't inform the whole family (actually families) about our marriage because they are very homophobic. I do know my wife's parents and they do know me, but they don't know that we tied the knot (they suspect something though). Would that be a problem for the immigration officer? Should we hire a lawyer? What do you think?

I was asking about Miami, because I was told that the situation in immigration offices in South Florida is difficult and it's hard to prove anything (I do not know if that's true of course). I do know they should treat all marriages in the same way but sometimes gay couples are in different or difficult situations. I was just wondering what we should expect.

[AnotherLostSoul 167]

If you look at the above user's timeline, she is still wating for the interview.

Thank you

Yes I do have some questions. I was wondering what to expect on the interview?

We do have a lot of proofs of the marriage, we are in love and there's no questions about it, but we couldn't inform the whole family (actually families) about our marriage because they are very homophobic. I do know my wife's parents and they do know me, but they don't know that we tied the knot (they suspect something though). Would that be a problem for the immigration officer? Should we hire a lawyer? What do you think?

I was asking about Miami, because I was told that the situation in immigration offices in South Florida is difficult and it's hard to prove anything (I do not know if that's true of course). I do know they should treat all marriages in the same way but sometimes gay couples are in different or difficult situations. I was just wondering what we should expect.

[Erica & L 52]

Like the above poster said, I've not had my interview yet. However, there really is no need to hire a lawyer if you have a normal case. It is to be expected that some families may not be supportive of their son or daughter's same-sex relationship. Unfortunately, in this world, that is pretty common and if the IO were to ask you questions relating to your families, you would simply tell the truth and explain. If you need affidavits, family friends, co-workers, anyone else who can vouch for your marriage can suffice.

Both my mother-in-law and my mom are well aware of our relationship, we currently live in the separate suite we rent from my mother-in-law and see her on a daily basis, but my mom has never met my wife because we are somewhat estranged and only email occasionally. Everyone's circumstances are different.

I feel like proof or validity for people in same-sex marriages speaks within itself when it comes to the GC process. Like, if that's all I wanted out of it, I could have just married a man kind-of-thing, you know?

As for the south Florida offices all I've heard is the wait times are a bit longer but that's it.

[Tormentis 2]

Thank you so much for your reply.

Our case can be simple or complicated at the same time. We've been together almost 2 years now, seeing each other as often as possible. First I've been visiting her in US (I've crossed the border few times, never overstayed, never working illegally and then I got a job with a working visa in Canada. We've been planning our life together in Canada actually (yes, we didn't know that there was any change in DOMA). Some time has passed and I had to renew my Canadian work permit (my employer was supposed to deal with it). It was about to take some time, so we decide to take a short trip to US to meet her friends and family (even if they didn't know about the nature of our relationship). After a week I got the info, that it might take a little bit longer, so I stayed another week and then I learned that I can get back to Canada but I'm not gonna get my work visa (the employer had some problem, some regulations have changed etc.). I was extremely stressed, because I crossed the border with only one bag (not even a suitcase), I left everything in Canada, apartment, furniture, stuff, everything. And now I could have problems with crossing the border. Then my girlfriend (then still my girlfriend) got a job here. Almost immediately she decided to solve our problems and just planned a spontaneous wedding. We traveled to another state and got married about 6 weeks after my arrival.

We both have been kinda naive and guessed that now the problems are solved. But not really. We called a lawyer and he said I'm supposed to go back to my country (where I've not been living for more than 2 years now) and get my green card upon CR1 process (I guess that's how it should look like). I was told that I could have a huge problem, especially in Miami and I could be accused of visa fraud (It doesn;t my intentions were different). I panicked again (seriously, after all the stress I would have to see some therapist or something:)

My girlfriend hated the idea of me getting back to Europe and processing it there, because who knows how long that would take. I hate all the shortcuts, so I tried to convince her that would be the best idea (for immigration perspective, certainly not for us of course). I called my parents and informed them that I just got married and I might have to get back home for some time. Then the drama started. My mother supports me (still not approving but still), but my father said that If im gonna show up at home, that's not gonna end up well.

I'm torn between 3 countries (my stuff in Canada and the apartment that I'm still paying for), my wife here and of course my native land. God help me to explain the whole situation on the interview. That's gonna take hours.

Right now the only choice I have is to try to adjust the status here. With or without a lawyer.

We didn't send the papers yet, we are preparing.

Any advice?

[JohnR! 5,495]

If you're stateside, follow the guidelines here: ---> http://www.visajourney.com/content/i130guide2

You can apply for your greencard stateside. As you do it, also apply for EAD and Advance parole so you can leave the country and return while your case is being processed.

There should be no difference in treatment be it in Miami or elsewhere but you may be asked to produce evidence of bonafide relationship. You can do that by showing your entries into the US to visit your now-spouse and also with pictures. You will not be called for an interview until some time further down the road, so in the meanwhile make sure your lives are indeed those of married couples with joint mortgages or rental agreements, joint bank accounts, joint insurance, etc. That your families are not aware should not be a problem. If needed you can obtain simple affidavits from friends, neighbors and coworkers confirming the status of your relationship.

If your marriage is indeed for real as you say you should not encounter any hurdles you will not be able to overcome.

Good luck!

Edited May 19, 2014 by Gegel

[christophec 16]

I'm filing for same sex aos this week. My marriage is bona-fide and I'm not afraid at all. They ask us anything they want . Just be confident.

You need to file i130 i485 i864 i131 and advance parole

[Harpa Timsah 13,258]

The lawyer you talked to was wrong, and scared you. He or she probably did it so that you would hire them, it's a common tactic.

There is no difference in Miami than elsewhere. All USCIS officers make decisions based on the laws; there is no difference from one office to another.

Good luck.

[Erica & L 52]

Exactly what Harpa said. From what you said, you came down here for a visit, left all of your belongings in Canada while still having ties there and intent on returning, but then circumstances changed and you decided to pursue a life down here. If you did not have the intent to immigrate, then you're not committing visa fraud.

After my wife (then girlfriend) came up Canada to meet meand stayed fora few months, we wanted to go down to the US to visit her family/friends. We didn't realize DOMA had changed until at least a month after it happened, and then we decided to pursue AOS because it meant we didn't have to "snowbird" between each country for 6 months at a time. Situations do change, and many people adjust from tourist visas successfully without a lawyer.

Edited May 19, 2014 by Erica & Lily

[Tormentis 2]

Thank you very very much!

The relationship is true and I don't think that would be any problem with proofing it. We do have a lot of proofs so I'm not afraid of that.

We want to send the papers in the beginning of June. Do you think that would be ok, or we should wait a little bit more?

[Erica & L 52]

There's no need to wait. Send off everything when you have it. Sooner you get the process moving the better!

[JohnR! 5,495]

Thank you very very much!

The relationship is true and I don't think that would be any problem with proofing it. We do have a lot of proofs so I'm not afraid of that.

We want to send the papers in the beginning of June. Do you think that would be ok, or we should wait a little bit more?

There's no need to wait. Send off everything when you have it. Sooner you get the process moving the better!

:thumbs:

In this case, go for it and good luck!

[Tormentis 2]

Thank you

[Tormentis 2]

Hello everybody.

I do have a question about the sponsorship.

My wife was working only part time for last few years and her income wasn't outstanding. Right now, just before we got married, she got a really good job, full time and her income would be more than enough to be my first, primary and the only sponsor.

If somebody didn't have a really good income for last 3 years but right now has a really good job, is that enough, or do we need a joint sponsor?