awkwardsoul

My greencard arrived in the mail on Saturday, Sept 26th! Done until I decide if I want to do citizenship. I hope the rest of you get your GC soon!

tip that I think I got from someone who posted on this forum
AS SOON AS POSSIBLE when you arrive in the states on your K1 visa , get your name added to every utility bill, lease, car title, bank account, that you can THEN get a box and save EVERY piece of mail, statement, bill, whatever.... that has BOTH of your names on it, make sure it's a good size box, you can weed out the unnecessary later.. but when it comes time for AOS you'll have all that you need, but don't stop at AOS, KEEP this box and keep adding to it and co-mingling your lives and add the proof to the box and when ROC time comes it will be so much easier to put your evidence together.
Also agree that reading the guides and re-reading the guides and double checking the guides makes this whole process so much easier!!!

I wasn't asked at the medical or interview last year, nor did it come up at my AOS. I worked as an alcohol & drug counsellor when I lived in Canada and my work did come up in my medical/interview (I figure I had a mixed chance they'd ask as 1. many drug counsellors are ex addicts or 2. drug counsellors = don't use). Though, it would be easy enough of a question for me to deal with as I never used any substances.
Has anyone been asked about this recently at their interview/medical?
However, I was warned by a number of friends who all knew someone who was denied and told to reapply after rehab (for just admitting to using pot in the past, geeze!) in a year or two. If you are super worried, have her get a note from the doctor claiming she does not use substances/hasn't used in X years/not addicted to anything - I'm guessing that be the best evidence she can get her hands on - and only give it if asked.

I wasn't asked at the medical or interview last year, nor did it come up at my AOS. I worked as an alcohol & drug counsellor when I lived in Canada and my work did come up in my medical/interview (I figure I had a mixed chance they'd ask as 1. many drug counsellors are ex addicts or 2. drug counsellors = don't use). Though, it would be easy enough of a question for me to deal with as I never used any substances.
Has anyone been asked about this recently at their interview/medical?
However, I was warned by a number of friends who all knew someone who was denied and told to reapply after rehab (for just admitting to using pot in the past, geeze!) in a year or two. If you are super worried, have her get a note from the doctor claiming she does not use substances/hasn't used in X years/not addicted to anything - I'm guessing that be the best evidence she can get her hands on - and only give it if asked.

I wasn't asked at the medical or interview last year, nor did it come up at my AOS. I worked as an alcohol & drug counsellor when I lived in Canada and my work did come up in my medical/interview (I figure I had a mixed chance they'd ask as 1. many drug counsellors are ex addicts or 2. drug counsellors = don't use). Though, it would be easy enough of a question for me to deal with as I never used any substances.
Has anyone been asked about this recently at their interview/medical?
However, I was warned by a number of friends who all knew someone who was denied and told to reapply after rehab (for just admitting to using pot in the past, geeze!) in a year or two. If you are super worried, have her get a note from the doctor claiming she does not use substances/hasn't used in X years/not addicted to anything - I'm guessing that be the best evidence she can get her hands on - and only give it if asked.

I wasn't asked at the medical or interview last year, nor did it come up at my AOS. I worked as an alcohol & drug counsellor when I lived in Canada and my work did come up in my medical/interview (I figure I had a mixed chance they'd ask as 1. many drug counsellors are ex addicts or 2. drug counsellors = don't use). Though, it would be easy enough of a question for me to deal with as I never used any substances.
Has anyone been asked about this recently at their interview/medical?
However, I was warned by a number of friends who all knew someone who was denied and told to reapply after rehab (for just admitting to using pot in the past, geeze!) in a year or two. If you are super worried, have her get a note from the doctor claiming she does not use substances/hasn't used in X years/not addicted to anything - I'm guessing that be the best evidence she can get her hands on - and only give it if asked.

Carry on! http://immigrationequality.org/2013/06/the-end-of-doma-what-your-family-needs-to-know/ The End of DOMA: What Your Family Needs to Know June 26, 2013 / by Victoria Neilson General information, such as that provided below, does not constitute individual legal advice nor is it meant to take the place of individualized legal advice; however, we do hope to answer some of the questions we hear most often. You should always consult with a qualified immigration attorney about the individual facts of your case before making any decisions about your particular situation.
What did the Supreme Court say about DOMA?The U.S. Supreme Court held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. Section 3 of DOMA was a federal law that limited federal marriage recognition to different-sex couples. Because immigration law is federal, DOMA prevented lawfully married lesbian and gay couples from obtaining lawful permanent residence (“green cards”) through marriage. Now that DOMA has been struck down, American citizens and lawful permanent residents can submit green card applications for their same-sex spouse.
Can LGBT couples get green cards now?Yes, most families will now be able to obtain a green card.
With the end of DOMA, LGBT families will be treated the same under immigration law as different-sex immigrant families. Immigration law is complicated and there will still be barriers for some couples, but the systemic discrimination that prevented our families from receiving the same respect under the law as others has ended. Green card applications will no longer be denied solely because a couple is lesbian or gay.
Do we have to live in a marriage equality state to apply for a green card?No. If you have a marriage that is valid in the state or country where you were married – regardless of where you live – that marriage makes you eligible to apply for a green card.
The United States Citizenship and Immigration Services (“USCIS”) looks to see whether you entered into a valid marriage in the state or country where you married. While some federal benefits may only be available to married couples if you live in a state which recognizes your marriage, fortunately, this is not the case for immigration benefits.
We married in Canada. Do marriages from outside the U.S. count?Yes. As long as the marriage was validly entered into, it is sufficient for immigration purposes. In fact, Edie Windsor, the plaintiff in the Supreme Court case, married her wife in Canada.
Does a civil union or domestic partnership count?The answer to this is not entirely clear, and we hope to have guidance on this soon. If it is possible for you and your partner to marry, you may be better off marrying because you could then feel more secure that your relationship will be recognized for immigration purposes without having to wait for further guidance.
My partner can’t get a visa to get to the United States, and we can’t marry in his/her country. What are our options?U.S. citizens can file fiancé/e visa applications for committed partners. This application requires the couple to demonstrate that they have a “bona fide” relationship. When the visa is granted, the couple is required to marry within 90 days of the foreign partner’s entry into the US. Once married, the couple can file the marriage-based application from within the United States.
For families that can travel to another country that has marriage equality, another option would be to marry there and then have the U.S. citizen sponsor the foreign national spouse for a green card through consular processing in his/her home country.
We live in exile. How soon can we come home?For couples in exile together, the U.S. citizen could file for a fiancé/e visa or the couple can marry and the foreign spouse can consular process. It will take several months before a visa is actually issued, but processing times vary by consulate. Therefore, we cannot say exactly how long it will take before families are able to return to the United States. Keep in mind that once a foreign national becomes a green card holder, s/he must live primarily in the U.S. If you are not ready to move home, it may be too soon to apply.
Once I apply to sponsor my spouse, how long will we have to wait until s/he can work?For couples who live in the United States together, it is common to file an application for work authorization along with the application for lawful permanent residence. Processing times vary throughout the U.S., but generally employment authorization documents (EADs) are issued within 90 days, and marriage-based interviews are generally scheduled within 9 months after filing.
My partner is here on a work visa. Is a marriage-based visa better?It depends. In general, marriage-based petitions are adjudicated quicker than many other applications for lawful permanent residence. Employment-based petitions are complex, with most categories requiring the employer to prove that there are no U.S. workers able, willing, and qualified to fill the position. There is also an annual cap on the number of employment-based green cards that can be issued, which has created years-long backlogs in several employment-based categories. Since there is no limit to the number of green cards that can be issued to the spouses of U.S. citizens, a marriage-based petition may result in a green card much more quickly. However, in a marriage-based case, the American spouse has to file an affidavit of support proving that he or she can maintain the applicant at above 125% of the poverty level. So, in some cases, it may make sense to pursue lawful permanent residence through an employer if that’s an option. Regardless of whether a foreign national obtains a green card through a marriage-based petition or through a different avenue (like an employer), he or she can apply to become a citizen after three years (rather than five) if married to an American citizen.
I am undocumented, my partner is American. Can we apply?It depends. Under U.S. immigration law, the general rule is that a person who is in the U.S. without lawful status cannot change from within the U.S. from being here unlawfully to being here lawfully. One significant exception to this rule is that the spouse of a U.S. citizen can apply for a green card from within the U.S. (to “adjust status”) as long as he or she entered the U.S. through a valid port of entry, in other words, following inspection by a U.S. official.
For those undocumented individuals who entered the U.S. without inspection (“EWI”), the applicant must return to his or her home country to apply. In the past, this was unworkable for most families, because once the applicant left the country he or she was barred from returning for many years. There is now a waiver available which can minimize the length and uncertainty of that wait.
We have children. How will this affect them?Generally, when a U.S. citizen files an application for lawful permanent residence for a spouse, he or she can also file for the spouse’s children as “step-children.” Even if you don’t see your children as “step-children,” if the foreign spouse is the biological parent of the children, filing a step-child petition for lawful permanent residence will probably provide the most efficient way to obtain their green cards. You and your partner must have married before the child turned 18, and the child must currently be under 21 and unmarried in order to get a green card at the same time as the parent’s marriage-based green card.
What about the immigration reform bill? Do we need to be in it now?As long as USCIS and the Department of State interpret the Supreme Court decision as they should, we should not need further legislative action to provide relief to married lesbian and gay couples.
Immigration reform is still important for LGBT people, however. There are critical protections in the bill for asylum seekers, alternatives to detention for LGBT detainees, and procedural protections for those who are detained, including limiting the use of solitary confinement for LGBT detainees. The bill also provides a pathway to citizenship for those who are in the U.S. without lawful status, at least a quarter-million of whom are LGBT. The bill further provides an accelerated path to citizenship for DREAMers, young people who came to the US as minors, grew up as Americans, and whose movement for change has been led by many brave LGBT people.
Do we need a lawyer? Do we need a lawyer that specializes in LGBT issues?It’s always a good idea to have a lawyer when applying for an immigration benefit and spousal petitions can be very complicated. Immigration Equality maintains a referral list of private immigration attorneys who have an understanding of LGBT issues.
Immigration law is very complicated. While many people successfully file marriage-based applications for lawful permanent residence without a lawyer, we generally recommend that people should seek out representation by qualified counsel.
Will Immigration Equality be our lawyer?With an estimated 36,000 same-sex binational couples living in the United States and many more separated or living in exile abroad, Immigration Equality’s legal team cannot personally represent all the families who will be applying in the days and months ahead.
We have a referral list for LGBT-friendly private immigration attorneys which we are happy to share. We are continuing to provide technical support, training, and mentoring for these attorneys and will advocate with the relevant agencies if we hear of problems with applications after the DOMA decision. We are working closely with attorneys on our referral list to ensure they have all the information necessary to help LGBT couples. Immigration Equality maintains a referral list of private immigration attorneys whom we have trained on these issues, and we are collaborating with the American Immigration Lawyers Association to make those training materials available to all reputable practitioners.
What can we do today to start preparing for our application? What kind of things do we need to gather?It is important that you and your partner be legally married. As with any marriage-based petition for lawful permanent residence, you will need to prove to USCIS that your marriage is “bona fide,” that is that you married for love and not merely to get an immigration benefit. Thus, USCIS will look for proof that your relationship is real, including proof that you: live together; share finances; hold each other out as a couple; spend holidays together, in some cases raise children together, etc. It will be helpful to begin to put this type of evidence together. For more information about the procedural requirements of filing for the green card please, see our FAQ on adjustment of status.
Does Immigration Equality plan to close? Why do you keep asking for donations?Over the months ahead we will keep pushing the Obama administration to issue green cards without delay, and troubleshooting problems for families in exile, especially those with young children. We will keep training private attorneys and government officials in how to handle special issues that arise for LGBT families. We will keep taking and placing asylum cases for people who are fleeing for their lives. We need your support to do all of these things. Immigration Equality expects to answer thousands of requests for help over the next few months. We will do that – along with training our network of attorneys – with a tiny in-house legal staff and a limited budget. Your support ensures that we can connect everyone to an LGBT-friendly attorney, trained by our team, who can help you apply. Immigration Equality’s board of directors has undertaken a strategic planning process to determine what’s next for the organization. We will not close our doors until every LGBT family is treated equally under our immigration laws, and asylum seekers have the safety and security they need.

There is only one thing that should be common to every wedding, and that is an open bar.

Minutes After Supreme Court Strikes Down DOMA, Immigration Judge Stops Deportation Of Married Gay ManBy Esther Yu-Hsi Lee on Jun 26, 2013 at 1:15 pm
http://thinkprogress.org/immigration/2013/06/26/2220411/doma-immigration-judge-stops-deportation/?mobile=nc(Credit: stopthedeportations.com)
A New York City immigration judge immediately stopped the deportation proceedings of a gay Colombian man who is legally married to an American citizen soon after the Supreme Court struck down the Defense of Marriage Act (DOMA) for being unconstitutional, as was first reported by Americablog on Wednesday. The federally-sanctioned DOMA only recognizes marriage between a man and a woman, so Sean Brooks and his Colombian husband Steven’s marriage did not exist in the eyes of the U.S. Citizenship and Immigration Services (USCIS). Therefore, USCIS cancelled Steven’s green card petition.
(Credit: The DOMA Project)
The ordeal for the couple started in 2011 when Sean, the American citizen tried to file a green card petition for his husband based on their same-sex marriage. This left Steven in a visa limbo and vulnerable to deportation. Steven, who had not been back to Colombia for twelve years, applied to have his deportation cancelled based on the hardship that his deportation would incur on his spouse. The request was denied because federal law does not let the immigration judge recognize their marriage as valid.
As seen in the immediate cessation of Steve’s deportation, the ruling has a profound impact on the LGBT community, not least of which 24,700 other binational same-sex couples can now breathe a sigh of relief, knowing that they will not be torn away from the people their love. For a population of about 267,000 LGBT undocumented individuals, the Supreme Court ruling comes as a future goal post to look forward to now that federal laws has ended the discrimination against their love. It also will finally allow the federal government to treat all LGBT families equally by allowing them access to federal benefits and protections.

I was a resident of BC for 18 years. *Not sure how other countries medical works, just Canada & learniing the US system one bill at a time*

Currently residing in HAWAII, USA, I have medical coverage under my husbands BCBS of LA plan. (BlueCrossBlueShield of Louisiana).
I now understand why many say Canada has 'free' healthcare. Over the past 7 months, I had to undergo certain medical services, that could not wait, testing for cancer. All clear, thank goodness.
I was prepared to pay whatever the cost, as I wasn't going to 'wait' whatever amount of time the insurance company tells you to wait. I was following the orders of a docotor in Canada/BC to 'follow-up' on what could be breast cancer. THAT's something that must be taken seriously.
Anyway, I questioned many of the statements that BCBS sent to me. At first I was covered for certain things, then a second statement would say not covered. One fine day, a lovely agent asked me about my PRIOR HEALTH CARE COVERAGE. As a prior resident of BC, CANADA, I had coverage under the Medical Service Plan, for 18 years! I had them send me a letter stating that. And I had BCBS email & mail me a PRIOR HEALTH CARE COVERAGE form. That form, saved me over $1,500. YES... One thousand five hundered. I don't know who actuallly covered most of my bill, I think the state of Hawaii, but at least I'm not having to pay for something I was told to follow-up on, by a medical professional. Maybe Canada paid it? I'm thankful either way.
It's something to ask about if your covered under BCBS. Insurance companies don't tell you about these things, you need to dig deep. Glad I did.
I plan staying away from any doctors if I can help it.
Peace Out.

I'm sorry to hear about the problems you're having.
After the 10 year green card, your marriage has nothing to do with being able to stay in the US. The only difference is that people who are still married to the USC spouse they got their green card through can apply for citizenship after 3 years instead of having to be a PR for 5 years like most people. If you've been a permanent resident for longer then 5 years already there are no immigration consequences to getting a divorce at all. Divorcing won't affect your immigration status either way.
Much bigger consequences could be your access to health insurance and/or HIV medication. If that's coming through your husband's health insurance and you're not working, you could be cut off after a divorce. You should definitely look very carefully at whatever public health assistance programs your state offers. A lot of states will provided basic health services if you cannot afford them. Look at your options very carefully before doing anything you can't reverse.

Once you file, (for CR1) carry your NOA1 (notice of petition received) and it helps your case in crossing, but I suspect, given your history, things will NOT get easier as it sounds like you're pegged like my husband.
What are you bringing as evidence of ties to canada?
My husband has a folder packed with papers going back to 2010.
If you are in the situation I think you are, you better make sure you have a job and an apt (lease) in Canada, or you're pretty much screwed for coming over.
In my husband's folder:
- Years of paycheck stubs
- Hydro Bills
- lease
- letter from employer regarding intended day for return
- bank statements
- tax returns - copies of GST refunds
If your husband isn't traveling with you, then he should also bring contact information for you (mine is always with me)
Here's the list:
https://help.cbp.gov/ci/fattach/get/46680/1338847041/session/L2F2LzEvc2lkL05jVG16bnRs
Note: if you intend to attempt to cross at a different border, they DO have record of your issues.
Do not hesitate to ask to speak with a supervisor if you feel someone is not looking at your paperwork.

This was published in a British Newspaper yesterday but cuts to US Customs and Border Protection means delays for all traveling to the States.
Source

I was surprised coming from Canada to the US how healthy choice foods weren't as common in grocery stores / walmart and more money. If I want whole grain produce, good produce, vegetarian meat options and such I have to go to specialty stores like Trader Joes/Sprouts/local Farmers Markets.
But yeah, junk food is SOOO cheap here in the US. And the canned meat and vegetable isle is 3 times the size in Canada, most of it stuff I didn't know one could can, with a day or two's worth of sodium!

So now USC must adapt to foreign spouse culture instead? Where is the compromise?
The USC has to take the huge leap of faith to sign the I-864 too.. and get stuck with it even after divorce.
Both sides have to give and take.
As to protect one asset during a divorce, it also depends on which state you reside in.
Community Property v. Equitable Distribution.

Wow man if you're getting this frustrated this early on then you'll probably get an aneurysm by the time your fiancee goes for AOS.

HAPPY CANADA DAY!
I got my homemade nanamio bars chilling in the fridge and drinking DavidsTea "Oh Canada"! http://www.davidstea.com/our-teas/rooibos/oh-canada

the system is broken big time!

how does the P4P baddest man on the planet not make the top 25?

somebody needs to complain to the editor.

No glove, no love.

This is what is going on "behind the scenes."
You just have to wait until your petition is processed!

I've owned rabbits and I know I wouldn't leave mine behind as they are wonderful pets.... but.. flying rabbits from Germany to USA? That would be really stressful on a fragile prey animal so I wouldn't do it. I would make sure they went to a good home, as I'd be too worried they would die during the trip from the stress.
My last bunny barely handled a 30 minute bus ride in which I had him in a carrier on my lap. He was stressed out all night after that trip.
Price wise of having rabbits isn't too bad. Price out food and hay is usually pretty cheap. All their treats can be fruit and veggie scraps. I lived with a rabbit in just a room, smell is fine if the rabbits are fixed and litter trained.

I've owned rabbits and I know I wouldn't leave mine behind as they are wonderful pets.... but.. flying rabbits from Germany to USA? That would be really stressful on a fragile prey animal so I wouldn't do it. I would make sure they went to a good home, as I'd be too worried they would die during the trip from the stress.
My last bunny barely handled a 30 minute bus ride in which I had him in a carrier on my lap. He was stressed out all night after that trip.
Price wise of having rabbits isn't too bad. Price out food and hay is usually pretty cheap. All their treats can be fruit and veggie scraps. I lived with a rabbit in just a room, smell is fine if the rabbits are fixed and litter trained.

If you haven't submitted your taxes, then there is an option NOT to apply for GST cheques for the next year I believe. That will save you a lot of hassle.

BOOOOOO!
That is pretty #######. That is all I gotta say.