Clarifying marriage-based visas for same sex couple
 

In another forum on US Immigration and Visas, I received feedback that perhaps the best/easiest route for my Dutch partner to achieve US citizenship was through marriage. I live in New York State (which offers same-sex marriages) and am a natural US citizen. I was advised to look at both K-1 and CR-1 visas. On the wiki page in this forum that compares these two routes, this was written at the top:

Is this outdated? I was under the assumption that since DOMA was overturned this was now an acceptable route to citizenship.

Also, in examining the two routes, it seems the CR-1 involves less paperwork but will require us to live apart for a longer period (but I could still visit him). Does that sound about right? We can get married in the Netherlands and it sounds like it will be less paperwork than doing so in the U.S.

Finally, I am just curious about the experiences of other same-sex couples who followed either route following the DOMA ruling, and if there is anything we should be aware of. Thanks!

Re: Clarifying marriage-based visas for same sex couple
 

It's outdated. I'll look into changing it, thanks for pointing that out.

Yes.

There have been a few on here, see if you can find them doing a search on this forum.

Rene

Re: Clarifying marriage-based visas for same sex couple
 

+1 on everything Rene said.

Re: Clarifying marriage-based visas for same sex couple
 

I was actually on a Stateside visit with my Mrs when Section 3 of DoMA bit the dust! We did an altar dash the following week and subsequently filed AoS before I went out of status. It's far from a recommended route because of the risk in needing to overcome intent on entry - it just so happens that when I entered it wasn't a viable option.

The whole filing process was relatively ok & the interview was actually painless - though we did file with an attorney to make sure that T's were crossed etc. For us, the process was much the same as for any heterosexual couple..

Re: Clarifying marriage-based visas for same sex couple
 

How much did that cost you to use an attorney out of interest?

Re: Clarifying marriage-based visas for same sex couple
 

BTW, only a portion of DOMA has "bitten the dust." The Supremes did NOT discuss the provision exempting states from recognizing marriages valid in other jurisdictions. There are still states which are strongly opposed to freedom of marriage and support the Defense of Marriage Act as support for their legal attack on marriage.

Re: Clarifying marriage-based visas for same sex couple
 

Being one of the early same sex couples filing for AoS and from VWP, we had huge concerns!
Our attorney charged us $1500.

Re: Clarifying marriage-based visas for same sex couple
 

Thank you for sharing that! I really had no idea how much representation might cost. But that seems pretty reasonable. Are there any concerns about trying to do this ourselves, without representation? I feel like this forum is proving volumes of useful information.

Re: Clarifying marriage-based visas for same sex couple
 

I wouldn't hire an attorney just because you're a same-sex couple. Only hire one if you find the process or paperwork too confusing, or if you have issues such as criminal history or past immigration problems. You can always have a 1-time consultation, too, you don't have to hire an attorney for the duration.

My husband and I did the K-1 process all the way through US citizenship without an attorney. Well, I started with one, who filed the I-129F package...but then I realized I can do it myself, and didn't continue using the lawyer.

Rene

Re: Clarifying marriage-based visas for same sex couple
 

I agree with Rene. The paperwork is a handful but doable. Our main reason for seeking representation was filing from VWP. Our attorney had an easy case with us, but, absolutely no regrets, the peace of mind was totally worth it to us.
Another situation where an attorney would likely be invaluable is if you're filing as a same sex couple in a state that doesn't recognise same-sex marriage!

Re: Clarifying marriage-based visas for same sex couple
 

IANAL but how on earth does that pass the "full faith and credit" clause?

Re: Clarifying marriage-based visas for same sex couple
 

It probably dosent, but since they didnt rule on it, it remains.

Re: Clarifying marriage-based visas for same sex couple
 

I doubt that would be much of an issue either since the first same sex couple to receive their green card was from Florida which doesn't recognize same sex marriages.

Re: Clarifying marriage-based visas for same sex couple
 

That may well be so, but each case is different and I personally would not feel that because "the first same sex couple to receive their green card was from Florida which doesn't recognize same sex marriages" that's all ok and so we'll be ok!
I would be more likely to err on the side of caution, preffering the support as external prejudices can impact the outcome.

Re: Clarifying marriage-based visas for same sex couple
 

Actually it meant precisely that - since immigration is federal, proof of a legal marriage (in this case a marriage performed in a gay-legal state) is all that is required for evidence, the state of residence is not a matter for concern.

Having said that, it should be a matter of concern in other matters. For example a gay spouse might consider power of attorney, since they would have no say in medical decisions in a gay-illegal state.