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Junieko

Marriage-Base Petition for Transgender

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Hello VJ-ers, I am a male-to-female transgender foreign individual entered the U.S. thru F1 and recently married my lovely USC husband 2 months ago. We did the paperwork as best as we could and just filed I-130 and I-485 this week. We didn't hire any lawyer cause most of them don't know what to do in our case and some that do know quote us for $5200 which is insane.

Our worries is not from the documents we're filing. We worry that the uniqueness of the case would cause the process to go slower, draw a lot of attentions and make the case more difficult to get approved, or that the officers have no clue what to do with our case, or they simply just hate everyone who isn't straight.

Does any one have experience or know someone that's gone thru the same thing? We did some research but find nothing so far. It's a little frustrating and nerve-racking. And I believe if you guys can give us some advise this topic will be very useful for the next couple.



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well, it ain't legal yet, so you're going to be the 'lab rat' , i think, for testing what's what.

who cares about the scrutiny from USCIS employees? don't fret that, as you want humans there to view things that you submitted.

IF/WHEN DOMA is overturned

or

IF/WHEN gender is removed from the new immigration bill

then

you have 100 percent chance of success with it.

For now, submitting the paperwork gets you a spot in the queue. When your turn comes for adjudication in the queue, take another look at DOMA and the new immigration bill - see what's what. It may be that timing was perfect on the submission, who knows?

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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If you're truely tansgender, is there anything in your documents that references you as male (other than possibly your birth certificate)? Your passport and visa show Female right? If so, it might not come up at all.

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I think our time is the right time. Cause after Policy Memorandum about Immigration benefit involving marriage of transgender individual was release April last year stated that the marriage between transgender and the opposite sex is considered heterosexual if the transgender is identified as a woman(or man in the F2M case). And I have already attained court order of gender change also female California Driver License. We included the letter of explanation in our I-130 with all the supporting documents.

My passport and visa is still male. Cause in thailand we are not allowed to amend birth certificate yet. But all other documents in the US including ID card is in female. I believe the paperworks is not the issue for us. We did everything according to the instruction. But still a little nervous.

And yes the case like this has been approved number of times before. But we just don't know them personally so we don't know who to ask.

Edited by Junieko


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WOW....I'm amazed of this photo! You definitely don't like a gentleman, but rather, a nice, pretty lady. WOW! Very nice!!! :) I actually don't know the answer to your questions/concerns, but wish you guys the best!!! And maybe you guys won't bump into problems! Good luck and please take care! :)

Thank you Fight for Love! You're so kind. I am hoping that the IO won't see me as a guy.

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Good luck!!


AOS JOURNEY FROM VISA WAIVER PROGRAM
EAD (I-765) APPROVED IN 30 DAYS
I-485 APPROVED IN 96 DAYS
• I-130 APPROVED IN 96 DAYS

---------------------------------------------------------------------------------
Full timeline (click show)

Day 1 - April 10th, 2013 - I-485, I-130, I-765 Mailed

Day 2 - April 11th, 2013 - Delivery confirmation, Chicago

Day 9 - April 19th, 2013 - Text NOAs for all three - NBC

Day 12 - April 22nd, 2013 - NOAs in mail for all three - NBC

Day 15 - April 25th, 2013 - Biometric walk-in at Fort Worth

Day 28 - May 8th, 2013 - RFE received (I-485) - immediately responded by fax

Day 30 - May 10th, 2013 - EAD approved, card sent to production

Day 35 - May 15th, 2013 - RFE processed for I-485

Day 38 - May 18th, 2013 - EAD card arrives in mail!

Day 41 - May 21st, 2013 - I-485 updated to "Testing and Interview"

Day 51 - May 31st, 2013 - Interview scheduled for July 16th, Dallas

Day 62 - June 11th, 2013 - Started work as a Systems Engineer (IT)!

Day 96 - July 16th, 2013 - Approved at interview in Dallas, Texas! (I-485)

Day 96 - July 16th, 2013 - I-485 updated to "Card/Document production", I-485 updated to "Approved, mailed welcome letter", I-130 updated to "Approved"

------------------------------------------------------------------------

Day 104 - July 24th, 2013 - Green Card arrives in mail

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There have been many successful petitions and, if your documentation is in order, you should be fine. The main thing is that the state you get married in has to recognize your marriage as an opposite-sex marriage (California does). I know of 5 different marriage petitions involving a transgender spouse in the last 4 years and all were easily approved with no delays at all. The case I'm aware of that was delayed (significantly) was more like 8 years ago and a lot changed in the years since that. If you have any questions, I highly recommend contacting someone at Immigration Equality (www.immigrationequality.org) - they are very experienced and knowledgeable and have lawyers available to answer questions for free. Good luck and congrats!


AOS (from tourist w/overstay)

1/26/10 - NOA

5/04/10 - interview appt - approved

ROC

2/06/12 - NOA date

7/31/12 - card production ordered

N-400

2/08/13 - NOA date

3/05/13 - biometrics appt

6/18/13 - interview - passed!

7/18/13 - oath ceremony

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Very pretty!!! Wishing u two all the best!!


09/27/2012 Engaged in Jamaica

12/4/2012 Texas Service Center received paperwork USPS delivery conf

12/5/2012 Touched

12/7/2012 Check cashed

12/7/2012 NOA1 sent email and SMS text..forwarded to California Service Center

12/11/2012 Website updated initial review

12/13/2012 NOA1 hardcopy received

04/16/2013 Website updated*** APPROVED!!

04/19/2013 NOA2 Hardcopy recieved

05/30/2013 medical appt

06/13/2013 interview day!! ---APPROVED!!!!

Ceac website: two weeks in "ready "

Ceac website: one week in "AP"

Ceac website: one week back in "ready"

07/10/2013 ceac website -visa:issued..no airbill number

07/15/2013 still no visa kng embassy is ran by incompetent baboons

07/17/2013 notified visa w/dhl

07/18/2013 fiance picked up visa

08/04/2013 POE

08/08/2013 Wedding Day

08/26/2013 mailed AOS,EAD,AP paperwork

08/28/2013 tracking conf papers delivered

09/04/2013 3 txt msgs recvd with cases #s

09/06/2013 check cashed

09/09/2013 recvd all (3) Noa1 hardcopies

10/01/2013 Biometrics appt (hoping to do a walk in)--successful walk in done 9-16

10/31/2013 EAD/AP approved

11/09/2013 EAD/AP in hand!

01/27/2013 Green Card in production!!

01/31/2013 Received a "welcome to America "letter

02/05/2014 GREEN CARD IN HAND!!

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You may wish to consult J Craig Fong, a well-respected immigration attorney who specializes in cases involving non-traditional families. An initial consultation with him (which can happen over the phone or Skype) is free or inexpensive, and he can advise you whether it's straightforward enough for you to proceed with the application by yourselves or whether it's worth retaining an attorney.

I am NOT a lawyer, but my understanding is that it IS possible for a transgendered person to sponsor a spouse. But it's probably quite important to get all the facts right on the forms, and there may be subtleties.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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For some reason I thought the depth of transformation mattered.

Anyway second J Craig Fong.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Good luck! You look great!


To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

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Good luck to you.


Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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