Considering Obama Administration stop deportation for same-sex binational couple, should I send my marriage license to DHS?

Asked over 1 year ago - Pittsburgh, PA

My visa will expire in three weeks. I am marrying my same-sex partner this week after 1 year and 3 months of relationship (Witnesses, Pictures, Financial Accounts together, etc.), My authorization to stay will expire in April. I will be overstaying. Considering the Obama Administration letter to stop deportation for same-sex binational couples, should I still need to inform DHS that I am married with a same-sex partner or should I just wait until it is necessary to proof it?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . Are you asking us to express personal or professional opinion? My professional opinion cannot be expressed because there is no recognition of the same sex marriage under the immigration law of now. Will there be any or not remains to be seen and I have no knowledge of clairvoyant abilities to predict that. My personal opinion is irrelevant here and I will refrain from taking any more of your time.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Samuel Patrick Ouya Maina

    Contributor Level 19

    4

    Lawyers agree

    Answered . Since there is no recognition of the marriage (at least by federal law) I do not see the point. Perhaps if there is a change in law (cases are being argued before Supreme Court as we speak) you may.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . Until DOMA is overturned, DHS will do nothing with a marriage license.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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