hungryhorace

Go for it - and good luck!

mikelincs

Perhaps they should all be forced to watch this film.. I Do, from 2012, about an English gay man who is on a study visa has his request for PR turned down, and the convolutions he has to go through, before finally throwing in the towel and moving to Spain.

http://www.imdb.com/title/tt2102499/?ref_=sr_2

Trixie_b

At last..........

scrubbedexpat099

We used to have the Right of Kings, now we have the Right of a couple of judges.

Cadenza-93

Well.... My partner & I are at least closer to being together than before! There is, a chance, that we will be in the same country for longer than 90 days at a time!

We're going to meet with our attorney in the next few days.


Wish us luck & let you know what happens..

Trixie_b

Please do! I hope that the journey is smooth for you

Sarah

Please keep us posted. I have a family member in the same situation and I'm hoping she'll be able to take advantage of this too.

newXgate

Today's statement from Janet Napolitano (head of USCIS via DHS)

"“I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits. I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws." (link here )

Like many other federal agencies USCIS is now going to have to work out the implications of DOMA repeal. I imagine they will release public statements about same-sex marriage eligibility for immigration benefits in the near future.

Guardian has more here

hungryhorace

My attorney's office just sent this notice to us:

[begin]
In light of this development, it is now possible for foreign nationals who entered into a legal same sex marriage to immediately seek and obtain any benefits accorded to spouses under the immigration laws. These include, but are not limited to, the following:

• Applying for a green card on the basis of marriage to a US citizen or Lawful Permanent Resident;

• Acquiring green card status as the spouse of an applicant seeking a green card in an employment-based category (or self sponsored category such as EB-1A or NIW);

• Obtaining derivative status as the spouse of a nonimmigrant in F, J, H, L, or any other category;

• Seeking various waivers and other exceptions that apply only to spouses of US citizens or Lawful Permanent Residents.

civilservant

If an attorney dosent even discribe the process correctly, we really are lost!

hungryhorace

You will have to educate me on what is wrong with the above statement?

btw - not to be a pedant, but they can probably spell 'doesn't' and 'describe' correctly.

lansbury

There's nothing wrong with the above statement, it has just been stated in the way it is most commonly expressed and understood. Not the way the pedantic souls on BE might like.

sir_eccles

I think civilservant is wrong because he has forgotten that a greencard holder may be here for work and be married to a same sex partner in their home country yet the partner would not have previously been eligible for anything more than a B2.

civilservant

Why is it that people say 'not to be xxxx' right before they go ahead and do it anyway.

hungryhorace

Because the other person talks shit before putting their own house in order, perhaps?