Jump to content
FlattyPatty

The impact of the Supreme Court ruling on a same-sex K1

 Share

23 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Poland
Timeline

Hey all,

 

The recent Supreme Court ruling on Roe v Wade definitely brought in new concerns for same-sex couples in the US, with Clarence Thomas stating he feels Obergefell should be revisited.

I'm currently a few months into waiting for the second stage of the K1 process with my wonderful same-sex partner, but the entire path to immigration and to getting a green card will still take years.

 

How safe are we? Is it even possible to theorize about what could go wrong here?

 

Thanks for all the answers

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ghana
Timeline

Nobody can tell you what will happen tomorrow unfortunately. Anything you will hear here is simply opinion. Many thought Roe vs Wade was settled, but it’s been struck out.

 

It is what it is. 

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

Link to comment
Share on other sites

3 hours ago, FlattyPatty said:

Hey all,

 

The recent Supreme Court ruling on Roe v Wade definitely brought in new concerns for same-sex couples in the US, with Clarence Thomas stating he feels Obergefell should be revisited.

I'm currently a few months into waiting for the second stage of the K1 process with my wonderful same-sex partner, but the entire path to immigration and to getting a green card will still take years.

 

How safe are we? Is it even possible to theorize about what could go wrong here?

 

Thanks for all the answers

The case that overturned R v. W had nothing to do with same sex marriage. Thomas' concurring opinion that referenced same sex marriage had no legal ruling, only a reference to revisit the decision that legalized it. As of right now, you are safe.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline

*****This thread has been moved to US Immigration News and Discussion******   

 

3 hours ago, FlattyPatty said:

The recent Supreme Court ruling on Roe v Wade definitely brought in new concerns for same-sex couples in the US,

Apples and oranges.......Life is too short.  Good luck on your journey. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Myanmar
Timeline

The case Thomas referenced said that same gender couples have a federal constitutional right to marry.  
 

Don’t confuse a federal constitutional right to marry with a ban on marrying.  In several states the laws on the books allow same gender marriage.  In some cases the law is even embedded in the state constitution.  
 

Provided the state where you intend to marry and reside issued marriage licenses to same gender couples you will be fine. 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline
1 hour ago, Mike E said:

The case Thomas referenced said that same gender couples have a federal constitutional right to marry.  
 

Don’t confuse a federal constitutional right to marry with a ban on marrying.  In several states the laws on the books allow same gender marriage.  In some cases the law is even embedded in the state constitution.  
 

Provided the state where you intend to marry and reside issued marriage licenses to same gender couples you will be fine. 

That's not true, since immigration is a federal issue. Same-sex couples could not apply for immigration privileges before Obergefell.

Link to comment
Share on other sites

Actually that was US v. Windsor, which struck down Section 3 of DOMA of which stopped the Federal Government from recognizing same-sex marriages.

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

Submitted I-751: 06/08/2023

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Scotland
Timeline

Don’t base your life on what could happen or forever tread water instead of powering through. Cross the bridge if it comes, there is always another way. 

Enjoy the moment, good luck on your journey. 

Lover and hubby to 1, Daddy to 2. I do enjoy growing older but not growing up.

A filthy, dirty oilfield engineer.

N400 through marriage to another filthy dirty oilfield engineer.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline

The job of the Supreme Court is to determine the Constitutionality of challenged laws.  This law was determined to be a states' issue...not a federal issue.  That is what the ruling did.  It returned the matter to each state.  I fail to see how this ruling will affect same-sex marriages.

States have rights.  Otherwise, a few municipal regions would control the laws and POTUS elections for the entire country.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: China
Timeline

The concern is not the the impact on same sex marriages. The concern is the impact it might have on the access to certain federal rights (e.g., immigration).

Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
59 minutes ago, EG&XY said:

The concern is not the the impact on same sex marriages. The concern is the impact it might have on the access to certain federal rights (e.g., immigration).

I see no connection between the recent ruling and ANY immigration rights...... some people are spreading needless fear....in order to secure votes.

By the way, ANY law is subject to interpretation by the Supreme Court....as our Constitution allows.....and has allowed for since the adoption of our Constitution.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

12 hours ago, FlattyPatty said:

How safe are we? Is it even possible to theorize about what could go wrong here?

 

4 hours ago, EG&XY said:

Please don’t trivialize the concerns, they are real.

There are quite a few “ threads “ that discuss this issue..though most of the threads read like cigar smoke filled Kentucky back room ..Good Ole Boy Banter. Am sure they would appreciate taking on OP ‘s direct question/ concern as well as welcome @EG&XY strong voice .

 

Example :

Mike E

Supreme Court has voted to overturn abortion rights, draft opinion shows

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...