Same-sex Marriage questions

[Topsky 0]

Hello, fellow members.

I hope you are doing well.

I am really grateful that the DOMA has been struck down. Thanks to Ms Windsor and GLAD. I was closely following up its demise. And, finally here we are!

I have a couple of specific questions regarding marriage to my partner who is a US citizen and I am an Indian citizen living in NZ (Permanent Resident).

Here is the case:

I am an Indian citizen and I was in the USA for three years. My partner and I met in California and fell in love. We committed and stayed together for three years (October 2008 to October 2010). I was on a work visa. I could not get a job later on and eventually a green card. I applied for a temporary work permit for New Zealand and moved here in New Zealand back in 2010. Now I am a Permanent Resident of New Zealand.

We met twice in 2011 once in New Zealand and once in the USA. Later on the life became a little frustrating with the distance and the time difference. We still kept in touch and shared our thoughts.

I have a Tourist visa for the USA which is valid for 10 years and we are on the verge of decision to get married when I am visiting him and taking a trip to Canada this September. We are thinking of marrying in San Francisco.

My question: Is it advisable to get married while I'm in the US (visitor Visa) and leave the USA? Once I am here in New Zealand, my partner can apply for me GC through same-sex marriage. I see that the immigration intent here is changing as I hold a visitor visa and marrying a US Citizen. I am getting married to him in the USA but I will not stay and I will go back to my home country (New Zealand). Do you see any illegal activity here which might be jeopardize our case?

Another aspect is that there is an age difference between us, he is 75 and I am 35 (40 Years age difference). Would that be any issue on immigration front? What types of evidences would we need to gather? We don't have many photos( only about 10 photos together) unfortunately!

Aroha.

[lost_at_sea 995]

Hey, welcome.

You are totally able to go to the USA and marry. That's 100% fine. What you may have come across is people saying you can't do that - well, there's a clarification... you can have intent to marry in the US and leave, totally fine. You can't enter the USA with the intent to marry and then stay. That would be visa fraud.

However, your intent is to marry and then head back to NZ. Totally cool.

So, what you probably want to do is get married when you're ready - as you'll be travelling on a tourist visa, it's always advisable to travel with information detailing your ties back home (work commitments, home rental/mortgage etc.) in case it comes into question your intent when you're visiting the USA. You should definitely also have your return ticket information with you. Then, you can file the I-130 petition for CR-1 visa. This is the guide: http://www.visajourney.com/content/i130guide1

As for age, that shouldn't be an issue. Certainly a question you might have in your interview, but always something you can overcome with evidence. The important thing is - do you have lots of good evidence about your relationship? Collect up passport stamps, boarding passes, photographs of you together, gift receipts, hotel receipts, chat & phone logs etc etc etc. That's all good stuff you'll need for proving this. If you're very short of evidence, you might consider having affidavits written by friends and family attesting to your relationship.

Also, incase you haven't considered it - instead of the I-130 for CR-1, you could file the I-129f petition to apply for the K1 (fiancé) visa. This is a visa that allows you to enter the USA to marry and then also stay and adjust your status, all in one one-way trip. There's a comparison table for the options here: http://www.visajourney.com/content/compare

Edited August 22, 2013 by lost_at_sea

[Topsky 0]

Thank you, Lost_at_ Sea.

I appreciate your help with this. Yes, We have been communicating and have plenty of E-mails and phone logs> Our previous visit details and tickets. I was piling up all the boarding passes and travel details for a long time until last year. And, I got so frustrated with the DOMA and I literally tore out those boarding passes.However, I have those tickets and our individual travel to each other. We have about 16 common friends in the USA who can attest our relationship ( including partner's daughter and son in-law).

Our wedding has already been planned in October in a courthouse and then reception with friends and families. I will be entering the USA from Montreal.

Should I declare voluntarily that I am entering the USA to get married and then I am going to leave or just go with the flow and not tell the inspector at the border? ( I am riding a train to NYC and the spending some time in NJ). I can't remember the exact script of the officer at the border when I visited the U.S. last time.

Thank you for the links. I would certainly say that the fiance visa is not an option for us as we are getting married in October as I mentioned earlier.

I am hooked to this forum. Thank you all people to be a part of this great, anxious expedition !

[lost_at_sea 995]

Should I declare voluntarily that I am entering the USA to get married and then I am going to leave or just go with the flow and not tell the inspector at the border?

The general advice for border entry is to only answer the questions you're asked, rather than volunteering your life story as soon as you get there, unprompted. Be honest and exact and elaborate where requested.

As I say - entering to marry and then leave again may be a circumstance that prompts the officer to ask more in-depth questions, so have some documents with you to show that your stay is temporary and you'll be expected back in NZ (if you work, a letter from your employer is ideal stating the time you'll be away and the date you will be expected back at work).

[Topsky 0]

Oh great!

Thank you for the suggestions. I would certainly bring those documents with me. Sure thing not to volunteer any information that might lead to the next bunch of questions.

Thank you again for your prompt reply.

Aroha

[Darnell 8,478]

uhm - although you are a NZ permanent resident -

which passport do you hold? I suggest it troublesome to cross the border from Canada into USA if you hold an Indian Passport with USA tourist visa stamp inside it.

Why? That's a pattern the CBP fellas see a lot, for those trying to come in and disappear.

[Topsky 0]

Hello.

Yes, I do hold an Indian passport. I have been to the USA multiple times in the past. I worked there for three years and no violation of any immigration laws. I have made many international trips (recent Spain and Switzerland) including USA, Australia, Singapore and Some Schengen area.

I hope those fellas are able to see my travel history and return tickets to New Zealand. I know what you are indicating here. Thank you for your input.

Peace.

[Dumpsta121 10]

Good Luck man! Doma was such a victory!

I just got my NOA1 for my Same-sex marriage today. I waited for seven years, I can wait another one now while going through the immigration process.

[Topsky 0]

Good Luck man! Doma was such a victory!

I just got my NOA1 for my Same-sex marriage today. I waited for seven years, I can wait another one now while going through the immigration process.

Thank you!

Same here. We were closely following up with the DOMA and waiting for its death. Good luck with your next step. I hope you guys get together soon.

Have you hired an attorney or have you prepared your files by yourself? We are thinking of hiring an attorney in the SF bay area.

Good luck

Aroha.

[lost_at_sea 995]

You really shouldn't need an attorney, unless you have some other issue (convictions? previous denials?). The process is actually super straight forward and the guides here are detailed, plus folks on the forum will help you out if anything is confusing.

You'll find a majority of people here are DIY.

[Topsky 0]

You really shouldn't need an attorney, unless you have some other issue (convictions? previous denials?). The process is actually super straight forward and the guides here are detailed, plus folks on the forum will help you out if anything is confusing.

You'll find a majority of people here are DIY.

Thank you for the encouraging words. I have done all three ( US, CANADA and NZ) immigration file preparation by myself. I see the forms are not that complicated and pretty much straight forward as you say. I would need more dedicated time to read through all the procedures and fees.

Does it matter in who pay the immigration I-130 fee? or it has to be the sponsor?

This forum is helpful indeed.

Thank you.

[Topsky 0]

Another Question I have is: when do we send evidence of our relationship? with I-130 or separately?

Thanks.

Edited August 22, 2013 by Topsky

[NikLR 13,227]

The fee has to come from a US bank account or be a US money order. I have heard of them rejecting money orders from other countries NOT drawn on upon a US bank account.

[Topsky 0]

The fee has to come from a US bank account or be a US money order. I have heard of them rejecting money orders from other countries NOT drawn on upon a US bank account.

Thank you for the clarification. However, I would like to know who should pay the fee? I have my Bank of America account and I can access my funds through Bank Of America as well.

[Dumpsta121 10]

Yup, I recommend avoiding a lawyer. As long as your reading,organizational and google-fu skills are decent, the lawyer cant really do much that you cant.

Even for homosexual couples, I don`t think there is a strong need for a lawyer.

It doesnt matter who actually pay the fee, as long as you include it with your packet. For example, my mother took out a money order for me, since I'm not in the US.

The only requirement is that it must draw on US resources.