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BINATIONAL SAME SEX COUPLES !! Show up!

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Please I need help as I am a novice when it comes to immigration terms, and my husband and I cannot afford a lawyer at this time.

I am on F-1 Visa and it expires in the middle of next year. although I plan to get my F1- opt before my phd career. My same sex partner and I got married last 3 month and he has been hitting on him filing now. But I am scared I might get denied because we stay in different states due to my studies. Although we have a joint account he does not have a medical insurance but as an international student it is mandatory i pay for my medical insurance. Also the school told me I won't be able to jointly file tax with my spouse. We had a new hyphenated last name but i am yet to change it since it will take a long process because i am still in school. Do you think We should start the process now . And Yes my spouse makes the required amount to file for me.

I'd appreciate a reply or a link where I can find help.

As far as I understand it, you have every right to file for your green card since you are married. I don't think you have to be living together as long as you can prove your relationship adequately.

According to our timeline on VJ, we should expect our NOA2 between Oct 1-12! I hope they are right!

K1 Timeline

07/29/2013 I-129F Sent via FedEx to Lewisville, TX. 07/30/2013 I-129F TSC Received. 08/01/2013 NOA1. 08/07/2013 NOA1 Received by mail.

10/30/2013 NOA2

11/04/2013 NOA2 Received by mail. 11/21/2013 USCIS shipped the approved case to NVC 

12/02/2013 NVC Received, LND case number provided, "At NVC" 12/04/2013 Left NVC! "In Transit"

12/11/2013 Medical - Completed! 

01/23/2014 INTERVIEW! APPROVED!

01/31/2014 VISA IN HAND!

03/31/2014 POE New York JFK 04/19/2014 WEDDING!

AOS Timeline

04/30/2014 Forms sent via FedEx to USCIS in Chicago, IL

05/10/2014 Received NOA in mail

06/03/2014 Biometrics @ Varick Street ASC - Completed!

07/12/2014 AP/EAD Approved!

07/18/2014 EAD/AP card received in mail!

08/18/2014 Notice of Potential Interview Waiver received

04/14/2015 GC approved and in Production!

04/18/2015 Received Welcome Letter!

04/21/2015 GREEN CARD ARRIVED!!

Lifting of Conditions Timeline

01/14/2017 I-751 Package sent via USPS Priority Express to USCIS Vermont Service Center

01/18/2017 NOA date

01/27/2017 Received NOA in the mail 

02/09/2017 Received Biometrics Appt Letter

02/21/2017 Biometrics Appointment 

12/21/2017 Removal of Conditions approved! 

01/02/2018 Received NOA in the mail

01/08/2018 Website updated to "my card was mailed," received text and email to same effect, and Green Card appeared on same day in the mail!

Naturalization Timeline

01/14/2018 Filed online, credit card payment accepted, NOA dated 1/14/18 appeared online 1/17/18. Received NOA in the mail on 1/19/18.

02/09/2018 Biometrics Appointment

10/10/2018 Interview Letter posted online

11/14/2018 Interview

12/07/2018 OATH!

 

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Filed: Citizen (apr) Country: Australia
Timeline

Thanks for the response. Please what advise can you give to me on how to start the process?

Go to the Guide section here on VJ and read up on the IR-1/CR-1 visa and Adjustment of Status. Your partner will have to file the I-130, and you will have to file the AoS documentation.

It is important that you start gathering data to show that your relationship is bonafide, meaning documentation showing that you are and have been a couple for a while. This will be important since you are not currently cohabitating.

I would have thought (any tax folks here?) you could file your US Federal taxes jointly, but probably not state taxes jointly since you don't live in the same state (did I make that up?). You might need to seek some tax advice - especially your partner - because it might really benefit him to file Married, Filing Jointly if he is working and you are not.

Also go to www.irs.gov and type in ITIN in the search box. Foreign nationals who do not qualify for a Social Security Number must have an ITIN in order to file jointly with a spouse.

Because you are married, the Feds expect you to file as either Married, Filing Jointly or Married, Filing Separately. My tax preparer said that I no longer have the option to file Single - even though my spouse has no US income. We are going through the ITIN process now.

VJ has loads of information to get you started. Some of it can be hard to understand, but download and read the applicable forms, and search for specific answers to your specific questions in the forums.

Good luck, and congrats on your marriage!

Sukie

Thanks for the response. Please what advise can you give to me on how to start the process?

Hopefully New Jersey Governor Chris Christie will not be able to win an appeal to overturn the judge's ruling in the New Jersey Marriage Equality case!!!

That should help you too!

Sukie

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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Thanks guys, I ( having a SSN) work with the school and I get paid as a Graduate assistant. I don't know why the school said I can't. Secondly, we have traveling documents that showed we visited each other. He was with me for the first quarter of this year. Before he moved back. As I don't have family members here we have only pictures of us at the marriage ceremony. You guys are really motivating me. I appreciate, We once thought we were all alone.

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Filed: K-1 Visa Country: Canada
Timeline

Finally after 5 1/2 weeks of waiting since we received our NAO2 my application is now at the NVC and soon will be on its way to vancouver. Hoping things move much faster now

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Filed: Citizen (apr) Country: Australia
Timeline

Finally after 5 1/2 weeks of waiting since we received our NAO2 my application is now at the NVC and soon will be on its way to vancouver. Hoping things move much faster now

Congratulations! Wish the I-130s were moving faster!

Sukie

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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Filed: K-1 Visa Country: Brazil
Timeline

Finally after 5 1/2 weeks of waiting since we received our NAO2 my application is now at the NVC and soon will be on its way to vancouver. Hoping things move much faster now

Susan,

Congratulations, that's great news! I hope things begin to move more quickly for you now!

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Filed: F-1 Visa Country: Thailand
Timeline

My USC spouse has just moved due to PCS to Germany earlier this month (September '13)

Met in December of 2011, married in August of 2013 in NYC

Filed for AoS mid-September. I am very worried because I know I'm not with him at the moment as we decided it's best for me to finish school and get my engineering degree in May 2014.

I'm particularly nervous but planned on visit often after I get I-131. Have not received biometrics appointment as of yesterday, nervous that I won't get the Advance Parole until after Christmas :(

Kind of new here, hello everyone!

J-1 student for 2007-2008, F-1 student since 2008 for high school, then full-time undergraduate degree from 2009-present, renewed F1 early on in 2013.

06/26/13 No more DOMA

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

09/14/13 Mailed out the packet with (I-130, I-485, I-131, I-864, I-693, I-765)

09/16/13 (day 2) Arrived at Chicago Lockbox

09/23/13 (day 9) Received Hardcopy of receipt for I-485, I-765, and I-131

10/3/13 (day 19) Biometrics given to USCIS

11/27/13 (day 63) Interview Appointment

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

Hi all! I've spoken to a few of you in other threads, but I thought I would come over and join here, too. smile.png

My wife and I have been together since 2007 (though we met back in 2005). We lived together for a time between 2009 and 2011 when I was attending school in the US under the F-1 visa, but unfortunately I had to let it expire after financial hardship, no longer able to make tuition payments. We became engaged a couple of weeks before I left the US, and decided early this year that we wanted to go ahead and finally get married - two and a half years was more than enough time, even if we were separated by the border.

Of course, after the news of section 3 of DOMA's downfall, we were absolutely overjoyed that we could finally move onto preparations of our future together. We got married in early July, and our I-130 was sent off to the Phoenix Lockbox on July 28th.

Like most of year, we're now just playing the waiting game - we've officially hit the two month mark since our petition was mailed. I've honestly been working so much that the days have been completely blurring together, but I take comfort in knowing that we've waited six years already; what's another few months?

Congratulations to all those who have been able to move forward in the process! I'm so excited for each and every one of you!

Edited by kashewmoo

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07/30/05 - Met online via LiveJournal, and instantly become best friends, 03/23/06 - Met in person in Seattle, WA for the first time, 11/03/07 - Officially become a couple

09/03/09 - Move to Boulder, CO to attend school, 05/06/11 - Become engaaaaged, 05/21/11 - Unhappily return to Canada after expiration of F-1
06/26/13 - Finally DOMA Section 3 falls ♡, 07/05/13 - Married in Victoria, BC
07/24/13 - I-130 package sent to wife for final signatures
07/28/13 - I-130 mailed!
08/05/13 - NOA1, routed to NBC

01/21/14 - Petition transferred to CSC

02/05/14 - I-130 approved (187 days from NOA1)

02/18/14 - NVC received case file

03/21/14 - Case # assigned

03/25/14 - Received case/invoice number, gave emails, sent OPTIN email for EP

03/26/14 - AOS bill invoiced, and paid

03/28/14 - AOS bill shown as paid, IV bill invoiced, and paid

03/29/14 - Emailed AOS package

03/31/14 - IV bill shown as paid

04/01/14 - DS260 available and submitted, emailed IV package

04/07/14 - Resent OPTIN email by NVC operator advisory, but still no autoreply

04/15/14 - Received email confirmation of EP enrollment, resent IV/AOS packages via email just to be certain

04/22/14 - DS-260 reviewed, false checklist for AOS/IV documents going to be sent out

04/23/14 - Checklist received via email, discarded

04/25/14 - Call to NVC dictates IV package under review, advised to resend AOS package, emails it once more (recieved autoreply), literally moments after hitting send an email is received responding to the original 3/29th email that the AOS package is under review

04/28/14 - AOS approved, false checklist asking for IV package

05/01/14 - IV under review email received, CASE COMPLETE! :]

05/07/14 - Received email confirming case complete

05/16/14 - Received P4 letter with interview date

06/16/14 - Medical exam in Surrey, BC

06/23/14 - Interview date! Approved! CEAC status changes to "Issued!"

06/26/14 - Visa received

07/08/14 - POE at Peace Arch Crossing in Blaine, WA, and a 25 hour road trip home to Colorado!

06/13/16 - Mailed the I-175 to CA!

06/16/16 - Received notification that the package was delivered successfully

06/21/16 - NOA1 (on wifey's birthday~)

06/25/16 - NOA for biometrics appointment

07/14/16 - Biometrics date

Process from start to finish (before ROC):

10 months, 3 weeks, 5 days!

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Filed: Timeline

Hi guys,

On September 12th we receive this email "Your case has been accepted and routed to the USCIS California Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797)" but it's already October 2 and we still havent received anyhting yet. How long does it usually take for us to receive the Form I-797?

And also, anybody out there waiting in Manila or whose other half is in Manila?

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Filed: K-1 Visa Country: Brazil
Timeline

Hi Vinn,

I received our NOA1 (Form I-797) about 10 days after the email notification. It doesn't say much more than what's in the email, but it does confirm that everyone's name is entered properly in the system.

I think there's at least one other couple here whose beneficiary is in the Philippines, although I don't know if he's in Manila.

Good luck with your visa process!

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

Me and my fiancé are getting married in a couple months and then filing. Just doing all the research now while we wait to be able to. I'm SO excited to get to relocate to her. DOMA getting overturned meant we could start talking about this--she's stuck in the US for grad school for a few more years.

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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Filed: K-1 Visa Country: Laos
Timeline

I mailed my petition in from Vientiane, Laos six weeks ago and finally received my NOA1 today. The check was cashed too so I know for sure it got there. This was a great relief being I had suspected it was lost.

Anyway, just to let you guys know the Feds are indeed working if you are concerned about the Shutdown.

So, more waiting to do but at least I know it is at the service center..

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