Rete

Where did this come from ???? You would only be apply to adjust status and that will NOT be becoming a US Citizen, at that point of your immigration saga.

And note there is still no guarantee that USCIS will grant residency to a married homosexual couple. It still needs to be tested

Noorah101

USCIS routinely overlooks overstays when the applicant is adjusting status based on marriage to a USC.

However, same-sex marriages are so new that no one has tested them out yet; the OP is in brand-new territory so anything goes.

Also, entering on the VWP has its own risks, regardless of overstay/gender. If the adjudicating officer thinks he had the intent to remain in the USA when he entered on the VWP, the AOS can be denied, and he has no way of appealing the decision. He will have to leave the USA, with at least a 10-year ban from returning.

It might be as easy as he thinks, or it might not. We won't know until he attends his AOS interview.

Rene

JamesTroia

I honestly have no idea what is going to happen when we finally start filing all my immigration documents.

I've read that plenty of people have received green cards after overstaying their visa/visa waiver, all of this is a risk, but hey..at least at the end of it I'll know for sure whats gonna on, which compared to whats happening now, sounds pretty awesome.

What I can say though, is when I came to the US, I was 22 years old, naive and rather oblivious to the immigration laws, I fully own that.

But what I did after that was pretty damn *****ing lawful, a total of 9 women wanted to marry me (basically a marriage just for a green card) because they wanted to move to the UK, it would of solved everything, and I turned every single one of them down because it's fraud, and unlawful.

JamesTroia

As for immigration and same sex partners, countless of same sex married couples have been receiving their green cards, being issued fiance visas, same sex couples are now being treated exactly the same as heterosexual couples.

hungryhorace

Those cases you refer to are long standing cases waiting adjudication from USCIS, just for the record.

Noorah101

This law just recently passed, so I don't see how countless of them could have already gone through the AOS process (takes 6+ months) or received K-1 visas (takes 8 - 10 months) already. But either way, we haven't seen any yet on this forum. If you have a link to some of their success stories, please post the link...it will really be helpful to us here, since we haven't seen even one happen yet.

Thanks,
Rene

sir_eccles

They were filed approximately two years ago. To my understanding, the majority of those cases involved people in the US legally often through multiple student/work visas not vwp overstays. There is a significant difference between visa overstays and vwp overstays.

I think the biggest problem you might have is immigrant intent when you entered on the vwp. Knowing there was no legal way to stay you intentionally stayed beyond the 90 days.