FulanoDeTal

We filed for AOS from the K-1 in April 2014 and finally got the conditional GC 14 months later in June 2015. The late Mr. and Mrs. Osama Bin Hidin' filed for AOS in September 2014 and received the conditional GC 10 months later in July 2015. So while we were running around collecting affidavits and preparing for our interview, I guess they used their extra four months to build their collection of armaments as they prepared for jihad.

Nice work, DOS and USCIS. At least USCIS can note the file that Mrs. Osama Bin Hidin' won't be seeking to remove conditions on her GC.

This is very helpful. Thank you so much, and again, I'm so happy for both of you!

Thanks, and good luck to you guys as well. I would like to add one thing so that the record is complete. While I said earlier that our officer wasn't particularly "warm and fuzzy," I have since learned that she did us a real favor. Apparently my husband's medical examination, which was done in Brazil in November 2013 during the K-1 visa process, is now considered "expired" under the regulations. So the officer could have required us to put the whole process on hold and go get a new medical examination, thus incurring addtional delay and cost. Happily, while the officer mentioned the issue at the interview, she waived the new examination. We're very appreciative of that courtesy!

I received my EAD/AP combo card today. Upon checking all the details, instead of only putting my married surname they included my maiden name. I don't want to have 2 surnames. I didn't also make a mistake when i passed my applications.

When i had my biometrics, the girl from uscis instructed me to send a letter for name change since my name was not yet updated in their system. The next day we sent the letter and after 2 weeks they updated my name. But upon receipt of my combo card today, they probably misinterpreted my letter.

How can i make some changes? Do i need to pay for fees again?

If you go to http://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document, you will see details about what you need to do. Basically, if the mistake was yours, you need to file a new application and pay again. If the mistake was USCIS's, you need to communicate with the service center or National Benefits Center that issued your EAD card, and you should not incur a fee. We had a name spelling issue earlier in the process, but happily it got corrected prior to the issuance of any cards. We found that it's a good idea to have the USCIS personnel check their records for the correction every time you deal with USCIS, as it doesn't appear that all of their systems automatically update.

We just got our green card dated June 4 2015 after our May 2014 application. Thankfully we did not have to redo the medical, and his last medical was from December 2013...at his K1 interview. Hope things speed up!

We also the I-485 application in April 2014 and received a NPIW letter in August 2014. Then nothing happened until we received a notice of interview in May 2015 for June 10, 2015. At our interview, the officer mentioned the fact that the medical exam might be out of date (it was done in November 2013), but I guess she was able to waive that issue because the Green Card arrived on June 17. She was pretty poker-faced during the interview, but having now read the various posts about expired medical exams we are are very grateful that she cut us a break and did not require a new medical exam.

Thank you so much for sharing this. I never thought that even if you already had a waived interview notice there's still a chance for you to have an interview.

Regarding the affidavits from both families required to all same sex couples?

Yes, my understanding is that even if you receive the potential interview waiver letter, there is still about a 50 percent chance that you will have an interview. So it's only a "potential" waiver.

Based on comments that I've seen on this site and elsewhere I'm not aware that affidavits have generally been requested from same-sex couples, although obviously USCIS can ask for them if it wants. I assume it depends on the individual case and the officer involved.

Congratulations!

Are affidavits like this commonly requested? My fiance doesn't have a large family, and I feel we may only have one person on his side actually willing to write one (and even then, I'm not sure how willing his mother would be...she's only recently started being open to our relationship).

Thanks! As far as the request for affidavits goes, I don't think it's an uncommon request. The request was part of the form letter that we received scheduling the interview. It also occurred to me that this request could be a problem for some same-sex couples in cases when there are real acceptance issues on one or both sides of the family. Our interviewer was not particularly "warm and fuzzy," so I did not raise this issue with her as I had no idea what her views on same-sex marriage were and it wasn't relevant to our situation. If this situation were to arise, however, I would alert USCIS in advance of the interview and be prepared to provide affidavits from close friends, witnesses to your wedding, etc. who can make the same statements.

Well, almost 14 months after we filed for AOS, the Green Card arrived today, exactly a week after our interview. We had originally received a potential interview waiver letter, but in April received an interview appointment notice for May 10. We had been collecting relationship evidence over the last year, so the pictures and supporting documentation were ready. We were also asked to bring affidavits from two family members on each side of the family attesting to the validity of our marriage, so that required a little work as a couple of affidavits had to be done in Portuguese and completed in Brazil. But we were pretty well prepared on the big day, and the process went pretty smooothly.

Thanks to everyone who has been with us during this process, and now we can give USCIS a rest for a couple years!

Hi, sorry to hear about your situation. It sounds like your fiance told you one thing ("I don't want to get married.") and the CO something entirely different ("I do want to get married.") and was convincing enough with the CO that the visa got issued. So yes, if that's the case, you've been had. From earlier posts, I see that you did not spend much "face-to-face" time with your fiance prior to starting the K-1 process. Based on long experience, I can say that same-sex relationships with Latin-American men can be very complicated, and sometimes motives are not what they appear to be. Do you speak Spanish? Did he introduce you to his family when you visited? There are a whole lot of cultural "tells" that will give you an indication of how sincere a Latin-American guy is in the relationship, and those simply aren't going to be obvious if most of your contact is limited to long-distance communication.

As far as the immigration side of this goes, there's plenty of advice that's already been posted. The fact of the matter is that even if he does show up in the U.S., his immediate options are going to be very limited, as he has to marry you -- and only you -- within 90 days or be out of status. Maybe he's just looking to get to the U.S., who knows? Just do what you can to protect your own interests, and my advice is simply to move on from there.

Dear Friends,

I'm feeling rather depressed at the results of the US elections today (I voted absentee from Australia). I so fear what this Republican-led Congress is going to try - I do expect them to try to get another DOMA-type law through. If I remember my high-school civics correctly, if a new DOMA law were to pass Congress, it would go to Obama for approval. He can veto it - and will. Then it goes back to the Senate and they have to approve it by 66%. They don't have enough votes to do that, but I think they will darn well try.

We've all worked so hard to get the right to marry and to bring our spouses to the US. I hate the fact that about 50% of the US hates us, and hates our marriages, and that we could face some very nasty fights.

I'm usually pretty bubbly and optimistic, but I'm very disappointed (and, quite frankly, afraid) in the near future.

Sukie in Oz

Sukie,

The Supreme Court was pretty clear in Winsor that marriage is a state-law issue, so I don't think we'll be seeing any more attempts at a federal definition of "marriage," which was the DOMA problem. At most, I can see the Republicans trying to figure out a way to preserve marriage restictions in states that already have them, although that will be an uphill battle because of the slew of federal court decisions this year and the Supreme Court's refusal to take up the issue this term. While this election was certainly a referendum on Obama's popularity, it's clear that most of the states involved were "Red States" anyway, so while the results are disppointing they're not entirely suprising. Keep your spirits up, I truly believe things will ultimately work out when people realize that the world has not collapsed because someone can marry the person whom he or she loves.

I live in Michigan. My husband came here from Rio de Janeiro on a K1 Visa. We've applied for the AOS. The nearest USCIS office is in Detroit. This is where he has to go for the Biometrics appointment. I've had people tell me that if we have to go to an interview, it will be in Chicago. I've had others say it will be in Detroit. Detroit is an hour away and Chicago is 6 so Detroit is definitely what I am hoping for but we want to be sure to be prepared if we have to plan a quick trip so can anyone clear this up? Has anyone from Michigan had their AOS interview in Detroit after arriving on a K1 Visa? Also, has anyone had no interview at all? I was told that in some cases, since there was an interview at the Embassy in Rio for his K1 Visa that they don't even require an interview. What is everyone's experience on this?

Most of the Brazil K-1 couples that I've been in touch with have gotten potential interview waiver letters during the AOS process (we did as well). Apparently the thought is that the investigation of the relationship and interview were previously done at the consulate. This is good because you may not have to go through an interview in the U.S., but apparently it often slows down the timing on actually receiving the provisional green card. So if having the green card in hand as soon as possible is very important to you, then you may hope that you get an interview instead. In any event, good luck!

My fiancé and I live together in Sao Paulo, Brasil. We have petitioned a little over two months ago and we are still waiting for a response. I was just offered a position in New York and I will have to be there within the next three weeks. If everything goes smoothly and we are given an interview, would I have to return?

As others have said, you don't have to be there, but I got the impression that the Rio de Janeiro consulate likes to see couples together, and it's a wonderful experience to be together when your fiance is approved. So understanding that work commitments may be an issue, try to make it if you can because it's a day that you will both never forget!

Best of luck!

Hello - we are a binational same sex couple. Started the K-1 process back in May, and still waiting for the NOA2 from TSC. I am now dreading the possibility that we might get an RFE despite doing everything by the book and checking things 10 times over. My question is: we submitted two separate signed letters of intent to marry, one from me and one from my partner, along with the original application. We did not mention what state we plan to marry in. I didn't know we had to - and anyway, I would think this would be obvious, because my partner (USC) lives in Boston, MA and that's where we will marry and live, even if we didn't mention that explicitly. Is this really grounds for an RFE?? Waiting so long for the RFE is itself painful. If we get an RFE for this insane requirement, that will be heart-breaking. But at least we will be prepared for it, if we know that's what will happen.

Can anyone here please confirm? Did you guys all include the bit about the state in your letters of intent?

Hi,

When same-sex couples first began applying for K-1 visas last year, some couples actually received RFEs requesting a copy of the state statute permitting them to marry. That initial confusion seems to have died down now, and I believe that there have been some couples from states where same-sex marriage is permitted who have not specified the intended state of marriage, but have not received an RFE. At the end of the day, this will really depend on the person who reviews your file. Even if you do get an RFE, just answer it promptly and you will be fine. It's an exasperating and lengthy process, but the happiness at the end of the road is worth every minute!

Thanks everyone for replies!

jfgk1987, thank you so much for sharing your story with me, it really touched me. I feel your pain, I know what it's like. My grandfather on my mom's side was an alcoholic too. Her life was terrible because of that. It took him years to finally go to a hospital. He died at the age of 60 from a massive heart attack. Alcohol is a terrible thing because we think we have control over how much of it we drink, just like smoking or even worse. I used to smoke, I smoked for 17 years but quit a day before coming here. For me, my husband and our new family.

Derrick, thank you for your reply. I completely understand what you went through. Some people have no boundaries and it's terrible what they do to themselves but what they do to their loved ones is even worse. You did the right thing my leaving and now you have a happy life with your new wife and your kid, just like you deserve. Just like everyone deserves. I'm happy for you, man!

Now back to my situation... I had a lengthy conversation with my husband yesterday. He admitted he has a problem and said he will stop drinking. He said that he loves me way too much to let alcohol destroy our marriage or to lose me. He also said that he's ashamed of himself for what he's done to me, knowing what I had to leave behind to come here and be with him. He promised me a change. He suggested buying a breathalyzer so I can check if he drinks on a daily basis. He said he knows I no longer trust him but that he'll prove it to me and that he'll regain my trust.

I agreed to give him this last chance but I told him - if he comes home drunk again or gets drunk at home again, I'm inviting his family over so they can see everything. I told him I would tell everyone and he agreed. He said he'll have a beer or two a day for the next week or two because he can't just stop since he's been drinking for at least 4 years now, but after that, he'll be done with alcohol.

He also said the abusive things he said to me were a result of being grumpy for not having alcohol. Should I believe him?

Am I wrong for giving him this chance? Do you think he'll keep his word this time?

Annie,

You've received a lot of good advice on this thread, the most important being that you should do everything you can to get away from this guy as soon as possible. I have been sober for 30 years, but based on my experience as a recovering alcoholic I can say the following:

1. The most important relationship this guy has in his life is with booze. You and everything else are a distant second. Period.

2. He will do anything to get drunk, stay drunk, and somehow get through the inevitable hangover. If he needs to lie, cheat and steal to get booze he will.

3. Whatever "pledge" he is making about only having a couple beers a day is nonsense. From everything you have said this guy is a chronic alcoholic. If he has one beer he might as well have a hundred, because he will be off the races and you will be right back in the same miserable situation.

4. He probably needs a professional detox, because if he actually stops drinking cold turkey he risks seizures or worse. His blood alcohol level when he's not drinking is probably higher than the legal limit.

5. So take the good advice that's been offered here, get out if you possibly can, and seek out Al-Anon where you will find others who will share their experience, strength, and hope.

Good luck, and I hope that you are able to extricate yourself form this very difficult situation that is not of your making.

Yesterday was our "Immiversary". We've now been in the Green Card process for one whole year. We filed the day after DOMA was repealed. I wrote this on my Facebook page...

One year ago today, one day after Section 3 of DOMA was repealed, Julie and I started on what was supposed to be a 5-month journey through the US Green Card process for a spousal visa. Due to bureaucratic ineptitude, 365 days later, Julie is still in Australia without a Green Card. During this year, we've endured two major health scares, the death of a parent, the death of a dear pet, the costs of multiple trans-Pacific airline flights - and have spent more days apart in our separate countries than we have together.

It has been a long, frustrating process. I have never felt as impotent or as helpless or as angry as I have during this past year. The system appears to punish those of us who try to follow the rules and do things by the book. Who knew that every government department we've had to deal with has a different book of rules??? Who knew that one set of rules is out-of-date by five years, and still hasn't been corrected, and that it would cost us yet another month of being apart? Who knew that the thousands of dollars necessary to move through this process give you no assurance of ANY customer service?

The year has been a terrible one - but for those bi-national couples where one member is from a high-risk or high-fraud country such as Nigeria, Pakistan or Egypt, the wait could be far worse than 365 days. The process is so very broken.

The light is at the end of the tunnel. Julie and I will be at the US Consulate in Sydney next week for the visa interview. We hope that within another month, we will be able to walk through immigration at JFK together - and that we never have to worry about Julie being turned away again.

Prayers and good thoughts for a positive outcome on July 1st are welcomed!

Sukie

Sukie,

Best of luck to you and Julie on your interview! The end is in sight and you'll both be together soon for sure.

Peter and Bonieke

Yes, it looks like as long as the D-3025 is complete that is all you need to send. That's what we did.

We mailed the AOS forms yesterday (I-485, I-765, I-131). The waiting begins again, but really no big deal now that we're together!

Davesings,

The short answer for federal income tax purposes is no. If your employer provides health insurance coverage to employee spouses (including same-sex spouses), then the employer-paid health insurance amount is not included in the employee's gross income for federal income tax purposes. Under the Affordable Care Act, the amount of employer-paid premiums will now appear on your W-2, but that is for informational purposes only and does not mean that those benefits are subject to federal income tax.

Hope that this is helpful.

Davesings,

Congratulations on your wedding! Sounds like it was a wonderful day. We're filing our AOS papers this week. A lot of the paperwork is repetitive of information that we already provided during the visa process. (Shocking, isn't it?) The important thing is that now we're finally together, so if they want to see yet more paper, have at it as far as we're concerned. We're just so happy to be together!

Peter and Bonieke

All,

We just wanted to report that we were married on Saturday, March 29 in Washington, DC. It was a wonderful day that we will always cherish!

Good luck to everyone who has interviews coming up (Bob in Santo Domingo) and partners arriving in the US (Davesings).

Thanks to everyone who has provided such great advice and support!

Best wishes,

Peter and Bonieke

Hi everyone, I have one doubt. I'm HIV+ (as my partner) and one of the requested vaccine is the MMR, which is a problem because of the HIV condition. So, does anyone know about it? Considering the letter I've got, the MMR vaccine is a must have. We are concerned.

:/

Hi there,

Section 212(g)(2)(B) of the Immigration and Nationality Act provides for a waiver of otherwise required immunizations if the panel physician certifies that "such vaccination would not be medically appropriate." So, you should take this question up with the physician who conducts the medical examination, and he/she should be able to request an appropriate waiver.

Good luck with your process!

We are also a same-sex couple. Our interview is on April 3, 2014 in Santo Domingo. I hope all goes well as we may be the first same-sex interview for that consulate. If there are any other same-sex couples that have had an interview in Santo Domingo, please chime in.

As you probably know, the current US ambassador to the DR is gay, and his husband has accompanied him to the posting. So I would expect that you'll be treated quite courteously. Good luck with your interview

The Rio consulate will already have any documents that you sent in with the petition, so you will not need to print out that relationship evidence again. If there is additional evidence that you want to provide then bring it to the interview, but (based on other Rio fiance interviews) if all of your other papers are in order it's unlikely that the consul will actually ask to see any additional evidence. That said, it's best to be prepared for anything. We had a stack of photos, emails, and telephone records. The consul didn't ask to see any of it, but if he had asked we had it ready. Be sure to read the recent Rio consulate reviews on this site as they will give you a very good idea of what to expect tomorrow.

Boa sorte!

Congratulations! All of the paperwork is definitely worth it once you're together!

Just left the American Consulate in Juarez, we were approved!

Felicidades! You started this great thread, and now you've made it across the finish line as well! Best wishes!

Approved today in London. The entire process today lasted just over an hour and everyone at the Embassy was extremely nice. Thank you to everyone on VJ who provided such amazing support and information that helped us out so much.

Congratulations guys, now go celebrate and have a wonderful time! You've earned it!

You can schedule the medical exam as soon as you get your RDJ case number from the NVC. Just keep in mind that your visa will be valid for six months from the date of your medical exam (not from the date of your interview). The further in advance of your interview you have your medical exam, the less time you will have to arrive in the U.S. once the visa is issued.

Good luck!