Starting the process in July

[Frannyglass 10]

Hello!

I am new to the forum and not sure how to navigate it. Here is my situation:

I am in a same sex relationship and we have been together for four years. We met while I was traveling. I am a French citizen and she is a US citizen. Because of the Defense of Marriage Act, we couldn't apply for a marriage based green card at the time. Instead, I got a student visa and moved to the US, moved in with her, in 2011. I am actually glad I took that route because I love what I'm studying and it will give me a good career in the end. We got married in New York last year. Now DOMA is likely to be repealed by the Supreme Court and we can finally file for a green card in July.

Now we booked a trip to France to visit my family, it's my mom's birthday and my grandparents are dying so I want them to spend time with me and my wife. We were planning on flying and me as a student (I never had any problem entering the US as a student), and start the green card process after our return, but an attorney advised us to start the process as soon as we can (July) and request an AP so we could fly out of the country without any problems. Would that be your advice too?

I am now starting gathering all the info for the paperwork to prove our genuine relationship. My wife is disabled and her parents (we live with them) with sign the affidavit of support. Would that be fine? We also don't have any bills since we live with the parents and they take care of those. We have a joint account, a life insurance, magazine subscriptions to both of us... Any advice would be appreciated.

Thank you!

Edited May 31, 2013 by Frannyglass

[Highyella72 11]

I would read into the USCIS site and verify it can be done. Last I knew, the USCIS and Immigration does not recognize same sex marriage even if it recognized in your state.

travel.state.gov/visa/immigrants/types/types_2991.html

[Highyella72 11]

I hope that the appeal goes thru and you will be able to stay with your wife.... Good luck

[LeftCoastLady 441]

While I'm definitely hoping both cases being reviewed by the Supreme Court lead to marriage equality for all, I'd err on the side of waiting to see what happens and when everything will go into effect. Given how slow USCIS can be on shifting workloads currently, they are so not going to be prepared for the deluge of petitions from same-sex couples.

[Frannyglass 10]

From what I heard from LGBT immigration attorney's, they said it would be possible as soon as July. Some people already applied, went through the process and the one reason they were denied was because of DOMA. They were treated no differently at the interview. As soon as DOMA is repealed, there will be no difference between heterosexual couples and same sex couples applying.

I have a question though: for people who traveled on their student visa, would you say it will be fine when I fly back from my trip to Europe? As a student? I mean they have no way of knowing anything about me and I have a legal status.

Edited May 31, 2013 by Frannyglass

[didopage 337]

It's kind of tricky.

You said: "Now we booked a trip to France to visit my family, it's my mom's birthday and my grandparents are dying so I want them to spend time with me and my wife. We were planning on flying and me as a student (I never had any problem entering the US as a student), and start the green card process after our return, but an attorney advised us to start the process as soon as we can (July) and request an AP so we could fly out of the country without any problems. Would that be your advice too?"

Entering the US with a non-immigrant visa and with the intent to immigrate is visa fraud. So your attorney is right in a way that you should apply for a green card as your intent is to stay and live in the US, and apply for an AP in order to be able to travel.

Now, if you apply and that your case is denied because of DOMA.... I don't know what would happen. This is definitely tricky and you should see with an attorney what would happen next.

Definitely not an easy question but I hope a solution will come up soon.

When do you intend to travel back to France?

[Frannyglass 10]

In October.

[Frannyglass 10]

I just realized this is the wrong section, it should be "from student visa" since I am going from F-1, AOS to marriage based green card.

Today, DOMA was overturned so I can send all the paperwork as soon as possible! I am seeing the civil surgeon on Monday and sending the packet as soon as I get the results. My parents in law are supposed to sign the affidavit of support because my wife doesn't earn anything. She is on disability, however she has a trust fund, I wonder if it could be counted as assets. If her parents decide the support thing is too much for them (they are weird with money things) then I have a friend who agreed to be a financial sponsor. He lives in a different state, would that matter?

I think I've gathered everything, I just need to get my birth certificate translated (does it have to be a certified translation?) and voila.

Edited June 27, 2013 by Frannyglass

[KayDeeCee 4,893]

~ Moved from AOS Family Based to AOS Work, Student & Tourist Visas ~

An immigration judge already stopped the deportation case for a same-sex couple since DOMA was ruled unconstitutional. http://www.visajourney.com/forums/topic/438252-minutes-after-supreme-court-strikes-down-doma-immigration-judge-stops-deportation-of-married-gay-man/

Good luck to you!

[didopage 337]

If your friend is a US citizen or LPR, it doesn't matter where he lives.

Your birth certificate translation needs to be certified accurate, yes. The translator (it can be you if competent in both languages) just needs to include a certification paragraph, and sign it.

[richinlove 2]

my opinion is that since u r already considered in legal status< you wouldnt want any hickups with ur case, so i would suggest waiting until after your trip to file! u dont want to be the 'guinneapig' in something that can be such a life changing experience! u waited so long a few months wont hurt!

[Frannyglass 10]

I was told that if I travel as a student, and then file for a green card when I return after my trip, it will be suspicious since I entered the US on a different status (F-1 is no immigration intent) and may hurt the process.

I have a question: my wife can't sponsor me because she has no income (SSI so it doesn't count). Should she still fill out form I-864 or should only her parents do so? (As joint sponsors). Also, should both parents fill one out? In part 3, the question I am sponsoring the principal immigrant named in part 2. You can tick yes or no, and no says (applicable only in cases with two joint sponsors), what does that mean?

Finally, I filled everything out with our married names (for her it's her maiden name-my name, and for me it's my maiden name-her name), as advised in the nolo book, is that ok even if none of our ids reflect the change yet, apart from the marriage certificate?

Edited June 29, 2013 by Frannyglass

[ddkorestin 10]

just wait for couple of weeks, there should be clarification as per same sex marriage filling. i am aware of the verdict by the supreme court and am sure the federal government should lay down the way forward and pave way for same sex marriage. you are almost there.

[Frannyglass 10]

I don't think I need to wait, nothing is different for same sexcouples, the process and forms are the same. One couple has already been approved actually!

http://www.buzzfeed.com/chrisgeidner/gay-married-couple-receives-green-card-approval

I just need some clarification on the affidavit of support, whether or not my slopes should fill it out if she isn't going to be the sponsor (her parents are)?

[KayDeeCee 4,893]

I was told that if I travel as a student, and then file for a green card when I return after my trip, it will be suspicious since I entered the US on a different status (F-1 is no immigration intent) and may hurt the process.

I have a question: my wife can't sponsor me because she has no income (SSI so it doesn't count). Should she still fill out form I-864 or should only her parents do so? (As joint sponsors). Also, should both parents fill one out? In part 3, the question I am sponsoring the principal immigrant named in part 2. You can tick yes or no, and no says (applicable only in cases with two joint sponsors), what does that mean?

Finally, I filled everything out with our married names (for her it's her maiden name-my name, and for me it's my maiden name-her name), as advised in the nolo book, is that ok even if none of our ids reflect the change yet, apart from the marriage certificate?

She needs to fill out her own because she is the petitioner/primary sponsor. If the parents are going to combine their income, then one parent fills out their own I-864 and the spouse fills out an I-864A to go along with it. Your USC spouse and whichever parent of hers fills out the I-864 as the joint sponsor would both tick Yes to that. You will not have 2 joint sponsors. That is not applicable to you.

You should fill out all the forms in the names you will legally be using from now on since you married. The name you use on the forms is the name your green card will come in. The copy of your certified marriage certificate you will be including acts as proof of legal name change.