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If I get married ( gay couples ) can I filled up the peticion for his green card ?

Bronx, NY |

I heard that Supreme Court struck down the DOMA so can get my partner his green card without problem I meant like a hetero peticion , same process ? About my partner ... He came to USA with a student visa ( j1) It's expired already... Thanks for your attention !

Attorney Answers 6


  1. Yes, you will be able to marry your partner just like a heterosexual couple. As long as there are no criminal issues, you will be fine. In fact, I just filed for a same sex couple in my own office. If you have any further questions, let me know.

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com


  2. Yes, absolutamente!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Yes you can apply for his green card. It does not matter that he overstayed his visa if he is marrying a U.S. Citizen


  4. Yes - and congratulations!

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  5. I agree with my colleagues! The only thing to look to is to make sure that your partner's J-1 was not subject to the 2 year home requirement. If he is, he will also need a waiver. A consultation with an immigration attorney might be advisable.

    But, congratulations!

    This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.


  6. Yes, assuming you marry your partner you may petition for him. if you are a US citizen the fact that he overstayed his visa should not be a problem.

    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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