NandF

We are a married gay couple living in London. I'm a US citizen and want to sponsor my Belgian husband to live in the US with an I-130 visa. Should we do this ourselves, or should we do it through an immigration lawyer here in the UK?

johnnybrown532

I would if I was in your position. It doesn't matter how simple the forms might be it always best to have someone with legal knowledge look over something like that. It is a little more money but it might give you better piece of mind throughout the process.

sir_eccles

It's up to you, early reports suggest that USCIS is treating same sex couples fairly.

Where did your marriage take place?

ian-mstm

Unless your husband has had a prior overstay issue or a criminal history, there's no need to get a lawyer involved. It's a fairly straight forward process.

I believe you can safely ignore johnnybrown532's comments.

Ian

BunnyGirl

If your husband doesn't have a criminal background and you're reasonably good at filling in forms and following instructions then there's no need to use a lawyer.

NandF

Thanks Sir Eccles. We were married here in London in April, just days after it became legal. No criminal records for either of us. Glad to here the USCIS has been good (so far) treating same sex couples the same. My gut feeling is we can do it ourselves, but maybe have a lawyer give it the once over.

ian-mstm

Most of us have done the paperwork without an attorney - I'm sure you can too. Have you been filing annual US tax returns while you've been in London? You will require the most recent 3 years' worth of returns. Keep in mind also that, as the USC spouse, you must sponsor your husband financially. Read the I-864, I-864P, and I-864 instructions... all available at www.uscis.gov.

Ian

sir_eccles

Cool, just wanted to check it was "normal" marriage not one of the previous "civil partnerships", as a partnership is not acceptable to USCIS.

Many immigration attorneys offer cheap one off consultations.

hungryhorace

I completely disagree with you. A lawyer is an expensive waste of money for something that should be relatively simple to anyone with an ability to read and engage with others (for example, here) that have been through the process.

S Folinsky

I am always intrigued by the question of "needing" a lawyer. It depends upon the individual case and the people involved. Quite often, a consultation might be a good idea. There is value to "hand holding" and having what might be considered an insurance policy for avoiding or fixing potential FUBARs." It is easier and cheaper to avoid problems in the first place rather than hiring a lawyer to perform "janitorial work".

Two recommendations: J Craig Fong in Pasadena CA has been involved in LGBT issues for years and will be happy to talk to you.

Mathew Udall in Sacramento CA limits his practice to marriage cases only.

The decision whether or not to hire an attorney is always up to the persons involved.

johnnybrown532

A free consultation would be a good idea make sure all the ducks were in a row. Do any U.S immigration law firms over here do a free consult?. After all the same sex immigration is a new thing isn't it they are still finding their feet on it aren't they?

sir_eccles

On the end of your legs generally.

They are treated exactly the same, which is the whole point really.

Same-Sex Marriages | USCIS

ian-mstm

No, they aren't. Why? Because same sex couples - by law - are being treated the same as heterosexual couples where US immigration is concerned. While I'm sure your comments are meant well, you're imagination is getting the best of you. Either that, or your brain simply isn't filtering your thoughts effectively.

Ian

Hotscot

Over here?

Johnny...could I suggest you put a disclaimer in your posts?

Something to indicate that you're not actually living in America and that you don't have pertinent experience related to the suggestions you make?

(You're not related to SpeedyChico by any chance?)

BunnyGirl

Remember, this is the guy that can tell by someone's name what the colour of their skin is...