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Obergefell v. Hodges - Under Threat? Could affect immigration?
6:29 pm October 5, 2020

zilchfox



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3 Replies



I hope this is the right section.

On June 26th, 2015, Obergefell v. Hodges is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Today, various news outlets are sharing opinions from Justices Thomas and Alito during the Kim Davis case (being denied by the Supreme Court) that they should revisit the Oberge v. Hodges case, and given how many justices have shifted around since that ruling, the court is currently stacked conservative 6 to 3 (including potentially Amy Barrett very soon), which gives the case a chance to be overturned. I have no idea if I'm interpreting this correctly, but I'm kinda freaking out lmao

I bring this up because under this very case is actually the reason I was able to marry, move, and live in the U.S. to begin with in late 2016 to my husband, as prior to this, there was no immigration path to the U.S., and we were originally planning on having my husband move up to Canada when we got engaged in 2014, but seeing as we now had options between both countries, we ultimately decided that it was best for our future for me to go to the U.S. instead. I know I am absolutely not alone on this forum where this case allowed those in same-sex marriages to pursue immigrating to the United States.

Let's say the court does decide to revisit this case, and overturn the original ruling, making it once again illegal on the federal level. How would that affect existing pending cases? (i.e. I currently have both a pending I-751 and N-400). How would it affect benefits that we've gained in the past, such as filing joint taxes? Would we even still be married, since we completed our marriage on a K-1 visa within the US? Would the worst-case scenario of all pending cases relating to same-sex just suddenly be auto-denied, and deportations issued to those that had their cases denied? Let's discuss.



 
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Traveling abroad with AP during COVID19 restrictions
5:26 pm October 5, 2020

From the Brook

From the Brook

Read 437 Times
2 Replies



Has anyone had direct experience traveling with their AP (not green card) in the last couple months?

After reviewing the proclamation exemptions, I'm not certain AP qualifies as an exemption. I've seen some of the forums talking about people who plan to travel and others commenting that "it should be fine" with proof of marriage, e.t.c, but I guess I'm just looking for someone to say "Yes, I traveled out of the US during the COVID border shut down and had no problems getting back in with the AP card."

Anyone have any experience?



 
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Two additional immigration ban lawsuits
2:33 pm October 5, 2020

miggg

Miggg

Read 599 Times
4 Replies



Two groups of people are launching lawsuits against the immigration ban for specific categories. The first group is led by lawyers Greg Siskind and Charles Kuck. The second is led by Curtis Morrison and Rafael Urena. If you belong to the categories in question, you can join the lawsuits. I am in no way related to these but posting for general awareness.

https://docs.google.com/forms/d/e/1FAIpQLScPhlMKt18CbfCVMgN97qCeN9yV9xjUNhvzwKnphDGlrtuj0g/viewform

https://curtismorrisonlaw.com/reuniting-families



 
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ROC Fees?
3:38 am October 5, 2020

SKB2017



Read 707 Times
3 Replies



I will be sending out my ROC package on tuesday Oct 6 and am confused on the fees, so i have a couple questions for anyone that has done this within the last few days. Has the fee went up from $595, plus the $85 biometrics fee, or is that the correct amount to send?



 
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What to bring to K1 interview with past J1 visa?
1:58 am October 5, 2020

pooj97

Pooj97

Read 596 Times
6 Replies



Hi everyone, My fianc and I are waiting for our K1 interview which might happen within the next few months since our consulate is now open. My fianc (beneficiary) was previously in the US on a J1 visa in 2018 and was NOT subject to the 2 year rule. His country (Canada) is not on the exchange skills list, he did not receive government funding (his DS-2019 says personal funds for the source of funding), and he did not receive medical training. However, his DS-2019 is not marked where it says if he is subject or not and Canadian citizens do not receive a J1 visa (see here: https://ca.usembassy.gov/visas/canadian-students/)

i was wondering if we should bring anything related to the J1 at his K1 interview to prove he is not subject to the 2 year rule. We plan on bringing his DS-2019, his invitation letter from the program sponsor, and his funding source letter and proof. Will this be enough? What can they see about previous J1 s? Can the officers see things we can t already see regarding the J1? I ve been so anxious about his past J1, please help. Thank you!



 
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