phoeniks26
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Posts posted by phoeniks26
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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. -
We got a new date! April 1st rescheduled to October 26th!!!!
- BaileyHunter, Chica&Ace and gavinski91
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Hopefully really soon! They still need to reschedule all the K-1s who had interviews canceled in March and April.
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Following. My fiance's interview was April 1st. Haven't heard anything yet.
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On 9/5/2020 at 5:14 PM, Babaloo said:
The best for embassy would be just cancel everything. Tell everyone to start over again, whatever happened does not count due to covid19 because we all went over 4 month limit.Thus they can put things in order fast way.
Embassy staff can re-approve I-129s in four month increments for as long as necessary.
K1 interview rescheduled - has anyone heard back yet?
in Canada
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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.