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iscbodnar

Same Sex K1 - State that dont recognize gay marriage

By iscbodnar in K-1 Fiance(e) Visa Process & Procedures

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iscbodnar Rookie

iscbodnar   2

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted (edited)

Hello, everyone. My boyfriend filled the I-129-F petition in October/2014 so I can go to the US and we can get married. We haven't got the NOA2 yet.

We are a gay couple and he currently lives in NY, which allows gay marriage.

The problem is that he will move to Ohio in August to start a doctorate program, so we will be living there for the first few years. But Ohio does not allows gay marriage nor recognize gay marriage performed in another state. So if anyone could help me with the following questions, I'd be more than thankful:

1) Can we get married in NY state and then move to Ohio?

2) Since the marriage won't be recognized in Ohio, is there gonna be any consequences to the visa or AOS process?

Thank you so much in advance, I really don't know what to do at this point =(

Edited by iscbodnar

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BaronB Enthusiast

BaronB   42

Posted
Filed: K-1 Visa Country: Denmark
 Timeline
Posted

1) Yes you can get married in any State that currently allows gay marriage.

2) No, once you are married in NY, your marriage is legal and won't cause any problems when filing for the AOS.

Goodluck!

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iscbodnar Rookie

iscbodnar   2

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
Posted

1) Yes you can get married in any State that currently allows gay marriage.

2) No, once you are married in NY, your marriage is legal and won't cause any problems when filing for the AOS.

Goodluck!

Thank you so much. So I just change the address and I'll be set? Thank you, i was kind of freaking out haha


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2ndMessiah Rising Star

2ndMessiah   184

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Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You would not be able to emigrate if the US did not recognize same sex marriage.

Ge married. Enjoy each other. And never mind about some backward state you have to reside in for a few years.

Thank you, goodnight and may your gods go with you",

Dave Allen.

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dhlunar Collaborator

dhlunar   25

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Filed: IR-5 Timeline
Posted

1) Can we get married in NY state and then move to Ohio?

2) Since the marriage won't be recognized in Ohio, is there gonna be any consequences to the visa or AOS process?

1. Yes you can get married in NY and move to OH.

2. Since immigration is a federal issue and the Supreme Court struck down DOMA (Definition of Marriage Act) the federal government has to provide federal benefits to same-sex couples, who are legally married, in the same was as opposite-sex legally married couples. However, since OH doesn't recognize same-sex marriages then there might be some issues with trying to get state benefits.

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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iscbodnar Rookie

iscbodnar   2

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
Posted

1. Yes you can get married in NY and move to OH.

2. Since immigration is a federal issue and the Supreme Court struck down DOMA (Definition of Marriage Act) the federal government has to provide federal benefits to same-sex couples, who are legally married, in the same was as opposite-sex legally married couples. However, since OH doesn't recognize same-sex marriages then there might be some issues with trying to get state benefits.

Thank you for your reply. What kind of issues I could have? Thanks again.


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Not a Tailor Proficient

Not a Tailor   1,370

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Thank you for your reply. What kind of issues I could have? Thanks again.

if Ohio has state income tax, you'll have to file state only as single, making sure to file federal as married. You may not be able to be on your same sex spouse's health insurance or count as family if one of you becomes ill. Inheritance may also be an issue. You will want power of attorney, living wills and wills drawn up.

Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

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KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted (edited)

Include a statement, perhaps in the your statements of intent, that says you will marry in NY where same sex marriage is legal.

EDIT> I apparently overlooked the fact that you have already filed the I-129F petition.

If you don't get an RFE about where you will wed for the I-129F because it was filed from NY, bring a statement about getting married in NY and a copy of the same sex marriage laws for NY with you to the K-1 interview, just in case.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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yuna628 Veteran

yuna628   9,676

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

A recent filer, residing in Ohio I think, got an RFE asking for what state they will marry in. To perhaps get around that, in your statements of intent to marry, have each of you mention the state you will be marrying in.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15
Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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