ESTA to AoS due to same sex marriage

[Swoon 5]

I hope this is the correct forum to ask the question and get some advice!

 

I recently moved back to the us after living abroad for six years, I have been in a relationship with my Korean boyfriend and lived together for the past 3 years. I recently moved back to the us and he came with me on an esta vida to visit. 

 

Originally, our plan was to just have him visit and then we would do the k-1 fiance visa application, but after the controversy with roe v Wade, I didn't want to risk how it could affect same sex marriage. So we decided to get married before he leaves in two weeks. Is this fine and what kind of issues could this path to marriage/green card cause? Does anyone have any advice on the steps we should take or have experience in a similar situation? Thank you for any advice!

[Maki&Kiki 123]

No issues~After marriage he can either go home and you start cr1 visa process or he stays in USA and applies for aos ~ 

Edited May 21, 2022 by Kittinpaw

[Swoon 5]

11 minutes ago, Kittinpaw said:

No issues~After marriage he can either go home and you start cr1 visa process or he stays in USA and applies for aos ~ 

Thanks, do you know anything about the process to do aos or is there a dedicated page on this site? Sorry I'm new to this site

[Ontarkie 13,918]

~~Moved to AOS from Work, Student and Tourist Visas, from Tourist Visas- As they are both already in the US and the OP is asking about AOS.~~

[Daphne . 1,681]

1 hour ago, Swoon said:

Thanks, do you know anything about the process to do aos or is there a dedicated page on this site? Sorry I'm new to this site

 

Here you go!

[carmel34 3,531]

After you get married in the US, he can stay and do AOS, or he can return home and you start the CR-1 spousal visa process.  Know the pros and cons of both.  Yes, wanting to stay so you can be together is the main advantage of AOS, but be very aware that he will not be able to work or leave the USA for 8 or more months while waiting for EAD and AP.  The big advantage of him returning home after marriage and pursing a spousal visa is that once he is approved and enters with the CR-1, he can work and leave the USA immediately.  Time to do lots of research so you know what the implications of your decision are.  Good luck!

[JeanneAdil 6,203]

12 hours ago, Swoon said:

I hope this is the correct forum to ask the question and get some advice!

 

I recently moved back to the us after living abroad for six years, I have been in a relationship with my Korean boyfriend and lived together for the past 3 years. I recently moved back to the us and he came with me on an esta vida to visit. 

 

Originally, our plan was to just have him visit and then we would do the k-1 fiance visa application, but after the controversy with roe v Wade, I didn't want to risk how it could affect same sex marriage. So we decided to get married before he leaves in two weeks. Is this fine and what kind of issues could this path to marriage/green card cause? Does anyone have any advice on the steps we should take or have experience in a similar situation? Thank you for any advice!

Roe v Wade has nothing to do with same sex marriage/ its about abortion and women and u are both men

 

Legally marry and he returns to Korea for the CR1 

 

[Timona 3,944]

25 minutes ago, JeanneAdil said:

Roe v Wade has nothing to do with same sex marriage/ its about abortion and women and u are both men

 

Legally marry and he returns to Korea for the CR1 

 

 

I too was wondering how this was connected to OP's decision.

 

Even if OP was man and woman, I would not still see thr connection between it and immigration.

[Melc 138]

Not to derail much further, but the connection is quite self evident. Roe vs wade was considered a settled ruling that provided protections not given by law. 
 

similarly, prior to a Supreme Court ruling gay marriage provided no federal protections or immigration benefits—even in the cases where it was legal at a state level. 
 

With a Supreme Court that seems happy to overturn earlier rulings, and in the absence of federally enshrined same sex marriage recognition, their fears seem very real and justified. 

[JeanneAdil 6,203]

1 hour ago, Melc said:

Not to derail much further, but the connection is quite self evident. Roe vs wade was considered a settled ruling that provided protections not given by law. 
 

similarly, prior to a Supreme Court ruling gay marriage provided no federal protections or immigration benefits—even in the cases where it was legal at a state level. 
 

With a Supreme Court that seems happy to overturn earlier rulings, and in the absence of federally enshrined same sex marriage recognition, their fears seem very real and justified. 

Roe v Wade affects every woman in the US and therefore there is a big push to overturn (1 side) or to uphold (other side)

 

same sex marriage as defined by law does not

no reason to overturn it 

and we are not hearing it is pushed by anyone to overturn the decision 

and many religions fought against the 2015 decision and lost 

 

In 2013 Immigration allowed marriage by same sex couples (if married in a country that allowed this and the couple to reside in a state that allowed it ) the same as marriage between a man and woman  and this is before the federal government made the law basically doing away with DOMA

 

 Department of Homeland Security Secretary Janet Napolitano said: "[W]e will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws".^[37]

 

On June 26, 2015, the U.S. Supreme Court struck down all state bans on same-sex marriage, legalized it in all fifty states, and required states to honor out-of-state same-sex marriage licenses 

[Nat&Amy 623]

As @Melc explained so well on their post, there is no federally enshrined same-sex marriage recognition, so yes, just like Roe v Wade it could be overturned. Likely? No. But plenty of unlikely things have been happening in the US for a while now. I understand OP's logic.

 

OP, just be aware that if you choose to AoS, your partner's ability to work and travel abroad will be severely compromised. On one hand you get to wait for the conditional green card together; on the other, for folks with a career or with family that needs attention in their home country (for example), waiting 6 months or more for EAD/AP might not be viable.

 

Just some things to consider.

[nastra30 1,990]

Also, not to derail this further. But I don't blame the supreme court. Congress has to get its acts together and enshrine these things into law. Dems have had super majorities along the way and they could have enshrine these things into law but they've been resting on their laurels to think the supreme court will never overturn roe v. wade. Next time, if it ever happens and the Dems get supermajority in congress they know what to do. Otherwise, it's going to be politics as usual.

[Swoon 5]

Thank you to everyone for the great info and advice. Yeah, I think it isn't likely to be overturned but even the president stated that if roe v Wade is overturned then same sex marriage could be next. I just don't want to risk it with the current supreme court composition. If they can overturn an issue that affects so many, I feel it would be even easier to overturn an issue that affects fewer people and they could do it with little pushback. 

[nastra30 1,990]

But to back op's original concern. The marrying really is not an issue. As things stand now, you can marry anywhere in the world where gay marriage is legal and the US will recognize it as legal. You can even do Utah online marriage. The marriage doesn't have to necessarily happen in the US. The issue you guys will have to deal with is whether to file and adjust while he is the US or whether he has to go home to pursue immigrant visa from the consulate. You guys should look into the pros and cons of both and decide how to proceed. 

Edited May 21, 2022 by nastra30

[SalishSea 16,790]

5 hours ago, JeanneAdil said:

Roe v Wade has nothing to do with same sex marriage/ its about abortion and women and u are both men

 

Legally marry and he returns to Korea for the CR1 

 

It's about the removal of existing civil rights.  One Supreme Court decision being overturned could lead to others.   I totally get OP's concern.