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

Pittsburgh, PA |
Filed under: Immigration

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

Posted

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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

I would also like the personal answer.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

What country are you from?

Asker

Posted

Brazil

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Here is the personal answer: Government should have no business in people bedrooms. DOMA must go. Now, I am not a Democrat, but this is my personal view.

Posted

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, Suite 707 San Francisco, CA 94104

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Posted

But CONSIDERING "The Department of Homeland Security has stated in writing that foreigners who are same-sex partners of American citizens can be included under an Obama administration policy suspending deportations of some immigrants who pose no security risk." Can I still struggle with overstaying while the Supreme Court takes a decision AND the immigration reform isn't approved?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

If you are planning to overstay no matter what, I do not see the benefit of bringing your overstay to the attention of the authorities if it is only to ask NOT to be deported because of your marriage. Why not wait until ICE finds you on their own and THEN raise your marriage as a reason your removal should not be a priority.

Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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