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phoeniks26

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Posts posted by phoeniks26

  1. 5 hours ago, Dobbie said:

    So for the interview, which I have this Tuesday, what do people recommend photocopying?

     

    I copied everything on packet 3 that I can. Passports, certificates (birth for both of us, police), affidavit of support, proof of domicile (2019 tax receipt, recent pay stub from last week, utility bill from February), photos, and the letter of intent to marry.

    I also copied the action of notice, just in case.

     

    Do the consulate pages need copying? My hunch is no, but I'm asking to be more certain. These are packet 3, packet 4, confirmation email, instructions page, approved petition, etc...

     

    The evidence for ongoing relationship need photocopies?

     

    My fiancé's interview is Monday and he photocopied everything. He probably didn't need to, but it's better to be over prepared than under-prepared.

  2. Caveat - Not a lawyer, but have followed the Obergefell and Windsor cases as they made their way up to SCOTUS. Also, my fiance and I would be effected should this happen.

    From my understanding, the Obergefell decision said that there is a constitutional right to marry someone of the same sex, regardless of what your state says. If it were to be overturned, it would mean that states could now ban same sex marriage again (and we all know which ones would do this). This likely would not have an effect on federal recognition of same sex marriage because of the Windsor decision which invalidated the Defense of Marriage Act and basically ruled "If people married in a state that recognizes same sex marriage, the federal government has to recognize it." So I guess in a post-Obergefell-is-overruled world, if you got married in a state that recognizes same sex marriage, you're fine. While I can see an argument made that the Federal Government would deny K-1 visas for petitioners living in banned states, there's a counter argument of "just because the petitioner lives in West Virginia/Alabama/Kentuky/Utah there's literally nothing stopping the couple from getting married in California/New York/Delaware/Massachusetts." 

    All that being said, if Obergefell does manage to get overruled, I have informed my fiance/future husband that I will be forcing him to sponsor me for a Canadian PR and that I would be willing to live in Yellowknife in January if I had to.

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