Same Sex Binational Couples in I-130 Processing

[benjicher 26]

Hi Everyone,

I'm looking for same sex binational couples like us who are in I-130 processing AND have been together/married for more than two years.

I want to advocate in Congress and at State for a blanket expedite for all couples waiting more than two years: those of us who were denied our rights as USCs to sponsor our spouses because of an unconstitutional law.

I have been shocked at how we have been abandoned by Immigration Equality AND the Democrats, both of whom have turned their attention to getting Latino votes in November and who care more about non-USCs than their own citizens.

If you're on facebook:

https://www.facebook.com/groups/1499002210336324/

Jon

[David & Diana R 1,005]

Hi Everyone,

I'm looking for same sex binational couples like us who are in I-130 processing AND have been together/married for more than two years.

I want to advocate in Congress and at State for a blanket expedite for all couples waiting more than two years: those of us who were denied our rights as USCs to sponsor our spouses because of an unconstitutional law.

I have been shocked at how we have been abandoned by Immigration Equality AND the Democrats, both of whom have turned their attention to getting Latino votes in November and who care more about non-USCs than their own citizens.

If you're on facebook:

https://www.facebook.com/groups/1499002210336324/

Jon

With all due respect what would be your argument for a blanket expedite? Same sex marriage used to be against the law and in most states is now legal. Is that not good news for same sex couples? I am confused.

[itsigo 0]

dont get the meaning of your post ....

[lilsadie 50]

With all due respect what would be your argument for a blanket expedite? Same sex marriage used to be against the law and in most states is now legal. Is that not good news for same sex couples? I am confused.

Because for some of us, we have spent YEARS without an option to be with our spouse and loved ones. I know of at least 1 couple on here that have been together for over 20 years.

i have been with my partner for 5 years. 5 years of knowing that we will never be allowed to live in her home country, possibly live in the same place for more than 3 months at a time.

Yes, some states have marriage equality now but as for immigration law it has only come into effect as of July last year.

Think for a second how hard it has been during your wait, not being able to be with your husband/wife. Now, imagine that you have been together for many years and are faced with knowing that you may NEVER legally be able to live together. EVER. Its the worst feeling in the world. Every day is filled with a small amount of sadness sitting in the pit of your stomach, missing and longing for someone who you cannot see all because other peoples judgements and bureaucracy.

We are blessed that the laws have changed and its amazing and exciting that we can all be with our loved ones.

[averageguy6 22]

I feel your pain.....and I do understand where you are coming from.......been in this process (no, not same sex, but still delays) since May 2013... and not quite there yet....hopeful for another month.

Anyway....

You should visit immigrate2us website if you have not already. There are so many families of all types who have been waiting for 2 years and many times much longer.

The issue with blanket expedites is that there are so many other people who have had a difficult time with various parts of this process and have had delays.....it would be unfair to pick one group over another.

There are people with lifetime bans due to (fairly minor) offenses 15+ years ago...Im not sure if that is constitutional or not....but its immigration law.

I dont think immigration bans and exclusions and processing time mandates are in the constitution....equal treatment yes...

There are just so many people who have waited over 2 years....and sometimes there are good reasons and sometimes there are not.

There are so many points in the process where one could be at 2 years....it could be at USCIS, it could be at Embassy.....

Should there be a separate tracking system to expedite everyone at the 2 year point? Maybe.

Overall the entire immigration process needs to be streamlined and immigration law needs reform at many levels.

Application fees fund the process...perhaps fees should be raised across the board to hire more staff.

Overall in this process my observation is that there are many many USCIS and Dept of State employees that really work as fast as they can. There are also a few employees that slow the process down at various points for many people.....but I can see also how trying to run such a govt dept could be very challenging with pressures from all sides.

Should my K1 case...now in its 11th month, be put on hold while someone else's same sex case (at 2 years for whatever reason) gets taken care of? Perhaps....

The problem with all expedites is that if the staffing level is kept the same, then that means someone else waits longer.

Perhaps you should be lobbying for increased staffing and efficiency at all levels in both the USCIS and the Dept of state? For example at many consulates there is only ONE CO (with local contract staff to help them of course) who handles all the immigrant visas....in a busy embassy, personally, I don't think that is adequate.....

I can tell you American taxpayers dont want to pay for immigrant costs...so the increased costs of an expedite dept need to be borne by the applicants....thus potentially excluding those with lower incomes....or putting excess hardship on them...

Don't get me wrong, Im absolutely sympathetic...Ive wanted an expedite at every stage....but the truth is that the volume of applications often overwhelms the available staff to process them. I absolutely do not believe that USCIS or NVC staff are allowed to be lazy. And Ive see the embassy here and they are very busy...way to busy for only one CO in my opinion.

Personally Id pay an expedite fee, but that would look like favoritism for the well off which creates other concerns....

Its really a complex issue.....bottom line....EVERYONE wants it to go faster.

Have you explored the expedite options that are already available at USCIS and the embassies...? I have spoken with many individuals that have been granted medical expedites, financial expedites, etc.

What stage of the process are you in now?

Best of luck to you....

Edited July 19, 2014 by averageguy6

[DandF 1]

Same sex couple here. Met on vacation in 2007. I gave up my job in London and moved to the US on an F1 Visa in 2009 because we realised that no other option was available to us visa wise. Maintained all criteria of visa whilst my partner supported me, but a visa extension was denied when I was back in London visiting family in 2012 and I wasn't allowed to return to my partner. We married in August 2013 and I am still in London waiting now.

If we we able to get married legally when we first wanted to, this process would have been long in the past by now. It is very odd to go from living with your partner to being separated by 6,000 miles (not through choice). Have been signed off work with stress, developed vitiligo, psoriasis and other related illnesses.

However, I am grateful for the advancements that have been made and remain hopeful that we will be reunited soon.

[benjicher 26]

State law has nothing to do with immigration. The reason for a blanket expedite is that while yes, now same sex couples have equal rights to the same miserable process as heterosexuals, many of us have been waiting to suffer through immigration, in our case 18 years. And again, 18 years of discrimination that in the end was unconstitutional.

With all due respect what would be your argument for a blanket expedite? Same sex marriage used to be against the law and in most states is now legal. Is that not good news for same sex couples? I am confused.

[benjicher 26]

What she said!

Yes, absolutely. In addition, in our case it's been 18 years, so consider for a moment that although everyone is now waiting 9-15 months, we've already been waiting 18 years. And most of us have suffered extreme financial hardship during that time.

Because for some of us, we have spent YEARS without an option to be with our spouse and loved ones. I know of at least 1 couple on here that have been together for over 20 years.

i have been with my partner for 5 years. 5 years of knowing that we will never be allowed to live in her home country, possibly live in the same place for more than 3 months at a time.

Yes, some states have marriage equality now but as for immigration law it has only come into effect as of July last year.

Think for a second how hard it has been during your wait, not being able to be with your husband/wife. Now, imagine that you have been together for many years and are faced with knowing that you may NEVER legally be able to live together. EVER. Its the worst feeling in the world. Every day is filled with a small amount of sadness sitting in the pit of your stomach, missing and longing for someone who you cannot see all because other peoples judgements and bureaucracy.

We are blessed that the laws have changed and its amazing and exciting that we can all be with our loved ones.

[britishdakota 18]

At least some couples have the opportunity to be together in another first world country that provides marriage equality such as the UK and Canada.

Any expedite should really prioritize couples that were forced apart by laws on both sides of the border.

It's a shame that this is even a conversation, most 1st world nations manage to process spouse visas in 2 weeks - a month. It is a disgrace how long the US takes for any couple.

[JER2020 29]

Hi. We're a same sex couple and currently live in Barcelona. We got married on May 2013, sent I130 on March and received NOA1 with a PD March 27th. On July 30th we were approved and now waiting for the NVC Process. Our case was processed by CSC. We had a small delay as on July 2nd we received a RFE asking for passport pictures again even though we had already sent them. So I wouldve been approved almost a month earlier.

Let me know if any questions.

David