Same Sex Marriage

[HanSalazar 1]

Hi everyone! 

I have a question. Me and my boyfriend are thinking in getting married but we don't know anything about if the same laws applies for gay people or if it's different. Does anyone know if applies the same laws? and if it does what should we do or how can we start? 

I'm Mexican and he's American. He lives California. I am visiting right now him and I asked a friend about the marriage and everything so she gave me the url for this forum but I haven't seen anything about same sex marriage. My other question is if I am already here its better for me to ask for a AOS which I understood it's like a temporary green card or should I get out the country a try to apply a fiancée or spouse visa. I have no idea what to do or how I can start. Thank you so much for your help.

[geowrian 22,337]

Embassies and USCIS are bound by US law. Same sex marriages are legal now, so you are treated the same as every other case.

 

Since you are in the US now, you are permitted to marry and then file for AOS. AOS grants authorized stay while the case is pending. ETA: 4-12 months, but expect closer to a year. It's technically not a legal status and is not a green card - he cannot work or travel abroad. He should apply for AP  + EAD as well to allow for travel and work. ETA: ~4 months.

 

Alternatively, you can do a K-1 (fiance) or CR-1 (spouse) instead. You can continue to visit during the processing (but don't overstay, work, etc.!). You cannot leave the US then re-enter with intent to AOS...so if you want to AOS, now is your opportunity.

 

AOS Guide: http://www.visajourney.com/content/i130guide2

Edited October 5, 2017 by geowrian

[Jing&Kuting 137]

Hi, 

 

We are a lgbt couple too.. We have the same rights and same laws. If you guys are going to do a k1 visa then you need to go back to Mexico for the process.  

 

You can search the k1 step by step here for the complete checklist. 

[J/G 85]

Hey HanSalazar --

 

There are A LOT of LGBT couples here in Visa Journey. and yes two men can get married. and from my experience, NO ONE has hassle / gave me and my husband hard time / weird stare throughout the process. If anything it feels like everyone is treating us extra nice / more polite. 

 

I think you're browsing the wrong forum. I think the following 2 forums will have more suitable information and give you a clearer idea of what to expect / what to do:

 

If you and your fiancé / boyfriend thinking of doing a K-1 Visa (Fiancé visa) go here: http://www.visajourney.com/forums/forum/80-k-1-fiancee-visa-process-amp-procedures/

 

If you and your fiancé / boyfriend thinking of doing a CR-1 Visa (Spouse Visa) go here: http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-amp-procedures/

 

My husband and I went the K-1 Visa Route. My husband is also from California but at the time of application we were both outside the US. We did EVERYTHING ourselves (i.e. no lawyer). As I've always said to many people here, K-1 visa is not an impossible process but it took A LOT of energy, effort, and require a lot of attention from both parties. I am happy to give you advice / suggestion IF you guys decided to get a K-1 Visa. The K-1 Visa forum above have A LOT of information, tips, suggestion and is a great source of answer for ANY question you both might have regarding the process of K-1 visa.

 

I do not have any idea / thing to say about CR-1 / Spousal visa... Sorry. 

 

Take some time to read the forums I mentioned above and google K-1 or CR-1. Shoot me a message if you have any question. I'd be happy to share information with you.

 

GOOD LUCK!!! 

J/G

Hey HanSalazar --

 

There are A LOT of LGBT couples here in Visa Journey. and yes two men can get married. and from my experience, NO ONE has hassle / gave me and my husband hard time / weird stare throughout the process. If anything it feels like everyone is treating us extra nice / more polite. 

 

I think you're browsing the wrong forum. I think the following 2 forums will have more suitable information and give you a clearer idea of what to expect / what to do:

 

If you and your fiancé / boyfriend thinking of doing a K-1 Visa (Fiancé visa) go here: http://www.visajourney.com/forums/forum/80-k-1-fiancee-visa-process-amp-procedures/

 

If you and your fiancé / boyfriend thinking of doing a CR-1 Visa (Spouse Visa) go here: http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-amp-procedures/

 

My husband and I went the K-1 Visa Route. My husband is also from California but at the time of application we were both outside the US. We did EVERYTHING ourselves (i.e. no lawyer). As I've always said to many people here, K-1 visa is not an impossible process but it took A LOT of energy, effort, and require a lot of attention from both parties. I am happy to give you advice / suggestion IF you guys decided to get a K-1 Visa. The K-1 Visa forum above have A LOT of information, tips, suggestion and is a great source of answer for ANY question you both might have regarding the process of K-1 visa.

 

I do not have any idea / thing to say about CR-1 / Spousal visa... Sorry. 

 

Take some time to read the forums I mentioned above and google K-1 or CR-1. Shoot me a message if you have any question. I'd be happy to share information with you.

 

GOOD LUCK!!! 

J/G

[HanSalazar 1]

Thank you all for the answers actually they make me feel so much better with all this situation. I have another question I hope you can also help me. Do I really need a K1 visa or CR-1 visa since I am already in the country? I mean the visa is literally to stay in here right or it's a must to get the visa before you get married?

A friend of mine, she is straight, told me that if she had known she would have just married when she was in the country so she wouldn't have gone thru the K1 visa. She said that would be easier I have no idea. Does anyone know if it's better for me married since I'm already here and just apply for an AOS? 

Thank you again for all your answers and all your help! 

[J/G 85]

1 minute ago, HanSalazar said:

Thank you all for the answers actually they make me feel so much better with all this situation. I have another question I hope you can also help me. Do I really need a K1 visa or CR-1 visa since I am already in the country? I mean the visa is literally to stay in here right or it's a must to get the visa before you get married?

A friend of mine, she is straight, told me that if she had known she would have just married when she was in the country so she wouldn't have gone thru the K1 visa. She said that would be easier I have no idea. Does anyone know if it's better for me married since I'm already here and just apply for an AOS? 

Thank you again for all your answers and all your help! 

HanSalazar -- 

Not exactly sure how to say this but, if you & your partner can do it the right way, why take the low road? Why risk both of your future by doing something under the table. Do it right the first time.

 

Really there's no difference in the process whether you're straight or gay. I'm not sure what to suggest to you. Have a talk with your partner whether if you guys want to get married first then apply or you want to apply first then get married. 

Are you legally able to be married to a US citizen with your current citizenship status? 

[HanSalazar 1]

2 minutes ago, J/G said:

HanSalazar -- 

Not exactly sure how to say this but, if you & your partner can do it the right way, why take the low road? Why risk both of your future by doing something under the table. Do it right the first time.

 

Really there's no difference in the process whether you're straight or gay. I'm not sure what to suggest to you. Have a talk with your partner whether if you guys want to get married first then apply or you want to apply first then get married. 

Are you legally able to be married to a US citizen with your current citizenship status? 

Well I don't know if I'm able to get married.. I have a tourist visa so I don't know exactly. Is there a way to know. My boyfriend told me that they only need an ID and then apply for a license to get married and when they accepted it basically that's it. After that we just need to apply for AOS or something else that I have no idea. But seriously I have zero information and my friend told me about this forum. That's why I have so many questions. My friend also do it by herself no lawyer so I feel I can do it too. You have already helped me a lot answering my questions. 

[J/G 85]

5 minutes ago, HanSalazar said:

Well I don't know if I'm able to get married.. I have a tourist visa so I don't know exactly. Is there a way to know. My boyfriend told me that they only need an ID and then apply for a license to get married and when they accepted it basically that's it. After that we just need to apply for AOS or something else that I have no idea. But seriously I have zero information and my friend told me about this forum. That's why I have so many questions. My friend also do it by herself no lawyer so I feel I can do it too. You have already helped me a lot answering my questions. 

That's your keyword, "TOURIST"!! Marriage is not what a tourist normally does... I would really look into legal / official options that will secure you both from possible unnecessary stress in the future. Other members probably could better advise you on this. But Google is your friend for now. read closely the USCIS website. It's FILLED with important information. https://www.uscis.gov/

 

VisaJourney is a discussion forum of people that were in your position / know the different solutions to solve your problem but always refer your question to USCIS website first. 

 

J/G

[J/G 85]

46 minutes ago, HanSalazar said:

Well I don't know if I'm able to get married.. I have a tourist visa so I don't know exactly. Is there a way to know. My boyfriend told me that they only need an ID and then apply for a license to get married and when they accepted it basically that's it. After that we just need to apply for AOS or something else that I have no idea. But seriously I have zero information and my friend told me about this forum. That's why I have so many questions. My friend also do it by herself no lawyer so I feel I can do it too. You have already helped me a lot answering my questions. 

Also, have you read the required documents for AOS????? If you married with your tourist visa do you think you could produce ALL the required documentation from you for the AOS process? You won't have a valid Visa that allows you to get married, you won't have DS-3025 from the panel of physicians assigned by the US Embassy / USCIS, you won't have I-797 Notice of Action, your I-94 record will state that your class of admission to the US is Tourist, not K-1 or CR-1. From friend to friend your plan sounds like a bad plan. And / or how are you going to explain / justify that you basically breach your tourist visa?

 

"There are two problems with this idea. First, if you pose as a tourist (whether with a visa or on the VWP) with the secret intention of staying in the United States for an indefinite time, you will have committed visa fraud. Visitor visas, or indeed any temporary visas, are for people who intend to stay temporarily—and then leave. They are not for people who plan to marry and live happily ever after in the United States. If U.S. Citizenship and Immigration Services (USCIS) chooses to make an issue of it, your misuse of a tourist visa could lead to your losing the right to obtain a marriage-based green card and most other types of U.S. visas." from https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

 

Do the right thing. Migrating to the US is already a complicated / stressfull undertaking for us who are dotting our 'i's and crossing our 't's, don't disrespect us by thinking you can cut short or thinking that your case / situation is special (more often than not, it's not special). 

 

As I said do it the right way the first time to avoid unnecessary stress. Weigh your options. Think long and hard before deciding on something. It should come from BOTH of you. Not just him, and not just you. It's a union of TWO people. There's no guarantee that you both will be together forever regardless how in love you both are right now. Be realistic, think for your own future, his future, your future together. 

 

Google should help you clarify your confusion now. 

 

GOOD LUCK. 

J/G

 

Edited October 12, 2017 by J/G

[geowrian 22,337]

You can marry on a tourist visa perfectly fine. This is not only permitted, but happens (legally) quite often. Heck, you can legally marry even if you entered without inspection and have no status.

 

No need for a panel physician if doing AOS...you do the medical with a civil surgeon in the US.

 

As long as the OP did not enter with the intent to adjust status (as determined at POE), then there's no issue. He cannot leave then come back again with intent, though. This is a one-time gig.

 

If you have things to take care of back home within the next 4 months or so, then AOS may not be for you (can't work and can't leave and return). Otherwise, AOS is a completely legal option. I suggest doing more research and figure out what you both want.

 

Edit: No need for an I-797 when you concurrently file an I-130 + I-485. The I-94 would show that he was inspected and what his status was...K-1 is not needed (and CR-1/IR-1/any immigrant visa doesn't get an I-94 since they get LPR status at entry).

Edited October 12, 2017 by geowrian

[J/G 85]

1 hour ago, geowrian said:

You can marry on a tourist visa perfectly fine. This is not only permitted, but happens (legally) quite often. Heck, you can legally marry even if you entered without inspection and have no status.

 

No need for a panel physician if doing AOS...you do the medical with a civil surgeon in the US.

 

As long as the OP did not enter with the intent to adjust status (as determined at POE), then there's no issue. He cannot leave then come back again with intent, though. This is a one-time gig.

 

If you have things to take care of back home within the next 4 months or so, then AOS may not be for you (can't work and can't leave and return). Otherwise, AOS is a completely legal option. I suggest doing more research and figure out what you both want.

 

Edit: No need for an I-797 when you concurrently file an I-130 + I-485. The I-94 would show that he was inspected and what his status was...K-1 is not needed (and CR-1/IR-1/any immigrant visa doesn't get an I-94 since they get LPR status at entry).

oopsie daisies... Well, I probably should've added in my response that I only speak / wrote from my experience which is limited to only K-1. My bad. 

 

Whatever the decision OP has. I wish him the best. But yeah, do your homework. 

X

[HanSalazar 1]

Thank you again for all your help. I have another question. So me and my fiancé went to visit a lawyer just to ask about how much and everything. She said that around 1000 to 2000 dollars all. I was wondering is this like an average price or somebody here had done it with a lawyer and much is an average. My other question is in the things that she asked us like the papers that we need to bring and stuff she also asked for income and tax so my finance is not working right now he's still in the university on his last year will this be a problem for the process or does he needs to get a job and if it does is there like an amount of money he needs to earn to make it work?

 

Thank you so much! 

[geowrian 22,337]

7 hours ago, HanSalazar said:

Thank you again for all your help. I have another question. So me and my fiancé went to visit a lawyer just to ask about how much and everything. She said that around 1000 to 2000 dollars all. I was wondering is this like an average price or somebody here had done it with a lawyer and much is an average. My other question is in the things that she asked us like the papers that we need to bring and stuff she also asked for income and tax so my finance is not working right now he's still in the university on his last year will this be a problem for the process or does he needs to get a job and if it does is there like an amount of money he needs to earn to make it work?

If you do AOS, it's $535 + ($1140 + $85 = $1225). Total: $1760 for filing. Plus you need to do a medical, vaccinations, etc.

 

Unless you have a complicated case (nothing you said implies you do), you can DIY fine using the guide. A lawyer can't make it go faster and, in simple cases, tends to just slow things down or cause mistakes (ever play the game "telephone"?). But to each their own. Either way, you need to be aware of what's needed, the forms involved, and the process. Guide: http://www.visajourney.com/content/i130guide2

 

Yes, the petitioner needs to complete an I-864 (plus supporting documentation) for the beneficiary. This requires 125% of the poverty level being satisfied for the household size. Income limits: https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

If he doesn't make this amount (or have 3x as much in assets to cover the gap), then he can use a joint sponsor. A joint sponsor also needs to fill out an I-864 and provide supporting documentation.