AOS gay marriage + petitioner’s recent citizenship

[Jonndel 0]

Hello everyone, and thanks in advance for any help you can provide us. This is our case, is somewhat complicated so I’ll try to make it as clear as possible:

 

This is a same sex marriage case. First some facts about my husband:

 

* 38 years old

* originally Filipino 

* self-identified as bisexual

* obtained GC through marriage with his ex-wife in 2013

* filed USC in November 2016

* approved USC Dec 2016

* filed divorce Feb 2017

* approved divorce decree July 2017

 

about me:

 

* 32 years old

* came to NYC in 2013 with F1 visa

* graduated in 2015

* did one year OPT and expired August 2016

* overstayed until the date

* passport still valid, expires 2018

* visa still valid, expires in 2018

 

now briefly our story:

 

My husband and I met on November 6 2016. Since we met we spent every single night together and subsequently he asked me to move in with him In March 2017. We were both aware of my overstay situation so we decided to get married this past October 18 2017. Now is when it gets tricky:

 

we’re about to file for my adjustment of status. However, and despite the fact he’s already a USC, we are feeling somewhat scared because, at the time of him filing his citizenship, he was partially living in a different location to be closer to his work. His previous address with his ex wife is in Brooklyn. The new apartment he was staying in during weekdays is in the Bronx. This apartment is where we both live currently. While filling out the forms for his citizenship he wrote down his original Brooklyn address instead of the one he was living with his wife. Around that time of filling his citizenship they were starting to have problems because his wife disapproved his sexuality, so they started to separate and filed divorce after he got his USC. As you guys read above, he filed divorce on the following February 2017 after he got his citizenship. So we are scared this issue might be brought up at the time of our interview for my adjustment of status. 

 

How can you guys enlighten our case in this specific issue? Is t something to be worried about? - given the fact he already HAS a citizenship and he and his ex wife  never separated legally, just for convenience of work...

 We are also somewhat apprehensive about the nature of our relationship vs his previous marriage and... we don’t really know how to prepare for these questions if they ever arise. 

 

Me on the other hand, I am not sure how the officers will respond or if they might question why did I overstay -I stayed for health reasons, I contracted a permanent illness so I stayed because I’m affraid to die in my home country- then we both met and joined our life together. He’s a nurse, we take care of each other and protect each other, we don’t want to be separated and definitely don’t want a negative outcome from our interview. 

 

Sorry for such long case but each word is necessary! 

 

I appreciate all all the help we can get to this point before filling for my AOS. 

 

Looking forward to your response!!

 

J.

[azblk 338]

You may have extra scrutiny because your husband was in a hetero sexual marriage through which he gained his LPR and ultimately citizenship yet he is now divorced and in a gay marriage. However if your marriage is bonafide, you will be ok.

[EvieMN 105]

This is definitely gonna be a red flag for USCIS but honestly, you won't know until you try.

Yes, your process is probably gonna be slower and more complicated than the average but if your relationship is genuine the most important thing is to start collecting evidence ASAP!

Proof of living together, joint finances, joint insurance, living will, last will, affidavits... anything that can help your case.