Starting entire process

[Nocturno 0]

Dear friends,

I am so happy to find you and this forum:-) I have just signed up.

I have several questions in my attempt to clarify concerns I have.

I could imagine someone already started discussion on this and simmilar topics but still I would appreciate your opinion.

I hope you don't mind.

I am LPR for over 3 years and a half now. I won my GC through a DV lottery.

My same sex partner and I have been together for over 6 years now.

Unfortunately, there was no same-sex mariage in our country of origin nor I could put him as a spouse on my immigrant visa application with US Embassy as there was no recognition of same-sex marriages by US Government for federal benefits then.

I had to leave and immigrate to US on my own, without him.

It was horrible time for us, our hearts were broken. We took that separation very difficult as we semed to be two most devoted persons on this planet. We maintained our relationship long distance, via skype, and we used to see each other when I travel there. We kept believing.

Thanks to US Supreme Court decision to strike down parts of DOMA this year, same-sex couples are finaly treated as oposite sex ones.

I can file a petittion for him now to immigrate.

He got his tourist/visitor visa, I think B1 or B2, earlier this year as we have planed his two weeks visit to US.

We have decided to get married in US while he visiting me. We couldn't be happier for this:-)

It is my intention to file pettition for him (I-130) right after we get our marriage certificate.

My concerns are:

1. Can we get married if he arrives on visitor visa? I mean, there is no other way anyway, since we can't do that in our country of origin.

2. Can he stay in US with me during and within validity of his visitor visa?

3. Assuming that CBP officer at POE authorizes his stay for up to 6 months, as they usually do, could he possibly stay for that long?

4. Would such stay be considered a lawful visit rather then unlawful living?

He would not, under any circumstanses, engage in work nor seek work permit nor study nor apply for adjastment of status, as I believe none of those are possible.

I would support him and cover his expenses during period of his stay.

This is because he red somewhere that once I-130 has been filed, beneficiary should leave US immediately. To me it sounds rather clueless because as long as one has valid visitor visa and is staying an authorized amount of time, it is fine.

All this is because we are aware of a long process under F2A category and we are trying to be together as much as possible. We know we can not expect entire process to be completed during his visitor visa validity but stil it would be nice to be together for sometime at least.

At USCIS web site, there is a guide and specifically a question in this regard:

Q: Can my relative wait in the United States until he or she can become a permanent resident?

A: No. Your relative's approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line for issuance of a visa.

At first point, answer is No. If we, however read it carefully, we can understand that entering and remaining in US without legal status will make beneficiary eligible for permanent residence. This should also mean that person entering US with valid visitor visa through an POE inspection and staying within time frame authorized by CBP officer should be considered as legal status. Am I right?

5. If he stays for 5 months out of total 6 allowed and then leave for about 7 months and then come again, do you think he might experience problems at POE? Will he be questioned by CBP officer about his last visit and why it was so long?

6. Could that affect his application for LPR when time is come? His visitor visa is valid for 10 years and is multi entrance, it should be fine but still.

7. Should we put his foreign and so far home address or my address in US? I mean, will eventual inteview take place in US Embassy in country of origin or in US?

Thank you all so much in advance!!!

I really appreciate your insite to this:-)

I wish you all the best of luck:-)))

[aaron2020 11,651]

Dear friends,

I am so happy to find you and this forum:-) I have just signed up.

I have several questions in my attempt to clarify concerns I have.

I could imagine someone already started discussion on this and simmilar topics but still I would appreciate your opinion.

I hope you don't mind.

I am LPR for over 3 years and a half now. I won my GC through a DV lottery.

My same sex partner and I have been together for over 6 years now.

Unfortunately, there was no same-sex mariage in our country of origin nor I could put him as a spouse on my immigrant visa application with US Embassy as there was no recognition of same-sex marriages by US Government for federal benefits then.

I had to leave and immigrate to US on my own, without him.

It was horrible time for us, our hearts were broken. We took that separation very difficult as we semed to be two most devoted persons on this planet. We maintained our relationship long distance, via skype, and we used to see each other when I travel there. We kept believing.

Thanks to US Supreme Court decision to strike down parts of DOMA this year, same-sex couples are finaly treated as oposite sex ones.

I can file a petittion for him now to immigrate.

He got his tourist/visitor visa, I think B1 or B2, earlier this year as we have planed his two weeks visit to US.

We have decided to get married in US while he visiting me. We couldn't be happier for this:-)

It is my intention to file pettition for him (I-130) right after we get our marriage certificate.

My concerns are:

1. Can we get married if he arrives on visitor visa? I mean, there is no other way anyway, since we can't do that in our country of origin.

2. Can he stay in US with me during and within validity of his visitor visa?

3. Assuming that CBP officer at POE authorizes his stay for up to 6 months, as they usually do, could he possibly stay for that long?

4. Would such stay be considered a lawful visit rather then unlawful living?

He would not, under any circumstanses, engage in work nor seek work permit nor study nor apply for adjastment of status, as I believe none of those are possible.

I would support him and cover his expenses during period of his stay.

This is because he red somewhere that once I-130 has been filed, beneficiary should leave US immediately. To me it sounds rather clueless because as long as one has valid visitor visa and is staying an authorized amount of time, it is fine.

All this is because we are aware of a long process under F2A category and we are trying to be together as much as possible. We know we can not expect entire process to be completed during his visitor visa validity but stil it would be nice to be together for sometime at least.

At USCIS web site, there is a guide and specifically a question in this regard:

Q: Can my relative wait in the United States until he or she can become a permanent resident?

A: No. Your relative's approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line for issuance of a visa.

At first point, answer is No. If we, however read it carefully, we can understand that entering and remaining in US without legal status will make beneficiary eligible for permanent residence. This should also mean that person entering US with valid visitor visa through an POE inspection and staying within time frame authorized by CBP officer should be considered as legal status. Am I right?

5. If he stays for 5 months out of total 6 allowed and then leave for about 7 months and then come again, do you think he might experience problems at POE? Will he be questioned by CBP officer about his last visit and why it was so long?

6. Could that affect his application for LPR when time is come? His visitor visa is valid for 10 years and is multi entrance, it should be fine but still.

7. Should we put his foreign and so far home address or my address in US? I mean, will eventual inteview take place in US Embassy in country of origin or in US?

Thank you all so much in advance!!!

I really appreciate your insite to this:-)

I wish you all the best of luck:-)))

1. Yes, the two of you can get marry while he is here on his visitor visa.

2. Yes, he can stay as long as his I-94 is valid. The time allowed in the US is not determined by the visa, the time allowed in the US is determined by the I-94 issued when he is allowed into the US.

3. If he is allowed 6 months, then he can stay that long. If he is allowed a shorter time, then that is all he gets.

4. As long as he is visiting you, he can do whatever is allowed. Of course, he is not allowed to work, attend school, etc.

As long as he is within the terms of the visitor visa and the I-94, then he has no problem. His legal status would be B1/B2 visitor.

5. There are no rules for this. It's the CBP officer's discretion. If it looks like your fiancé is abusing the visitor visa to live in the US, then he could be refused entry.

6. No. If he overstays his visa by 180 days, then there will ban from the US for 3 years.

7. He does not live in the US, so you would use his foreign address. If asked where he will stay in the US, then use your address.

UNDER NO CIRCUMSTANCES SHOULD YOU TRY TO ADJUST HIS STATUS WHEN HE IS IN THE US. You are an LPR and the F2a category is not current, so he risks a denial.

Filing the I-130 when he is here has will not affect his stay in the US. Filing the I-130 does not void his visa or the I-94. He would not need to leave immediately based on the filing of the I-130.

Edited December 17, 2013 by aaron2020

[Nocturno 0]

1. Yes, the two of you can get marry while he is here on his visitor visa.

2. Yes, he can stay as long as his I-94 is valid. The time allowed in the US is not determined by the visa, the time allowed in the US is determined by the I-94 issued when he is allowed into the US.

3. If he is allowed 6 months, then he can stay that long. If he is allowed a shorter time, then that is all he gets.

4. As long as he is visiting you, he can do whatever is allowed. Of course, he is not allowed to work, attend school, etc.

As long as he is within the terms of the visitor visa and the I-94, then he has no problem. His legal status would be B1/B2 visitor.

5. There are no rules for this. It's the CBP officer's discretion. If it looks like your fiancé is abusing the visitor visa to live in the US, then he could be refused entry.

6. No. If he overstays his visa by 180 days, then there will ban from the US for 3 years.

7. He does not live in the US, so you would use his foreign address. If asked where he will stay in the US, then use your address.

UNDER NO CIRCUMSTANCES SHOULD YOU TRY TO ADJUST HIS STATUS WHEN HE IS IN THE US. You are an LPR and the F2a category is not current, so he risks a denial.

Filing the I-130 when he is here has will not affect his stay in the US. Filing the I-130 does not void his visa or the I-94. He would not need to leave immediately based on the filing of the I-130.

Thank you very much for you time to read my way too long post;-)...and thank you for all the valuable info and for your help:-)

[aaron2020 11,651]

You're welcome. Good luck.

[belinda63 2,981]

Congratulations on your impending union. Aaron is correct he can come to visit, you can get married, he cannot stay. But this is a big step for the two of you and gives you a lot more hope than you have ever had. You've waited this long anther year or two won't be that bad. Just make sure he spends more time outside the US than inside and that he continues to maintain ties to the home country while awaiting his visa.

[Nocturno 0]

Congratulations on your impending union. Aaron is correct he can come to visit, you can get married, he cannot stay. But this is a big step for the two of you and gives you a lot more hope than you have ever had. You've waited this long anther year or two won't be that bad. Just make sure he spends more time outside the US than inside and that he continues to maintain ties to the home country while awaiting his visa.

Thanks a lot for kind and reasonable words and advises:-)