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Which form do I have to file first on marriage based green card?

Pittsburgh, PA |

I am married with same-sex spouse since April when my visa expired. Today after Supreme Court Decision soon I will be able to apply for green card marriage based. Considering I have been here in an expired visa since April, 15th. Which form should I file first? Only I-130, I-130 with I-485 or do I have to file something else first?

So, after initial responses, I again ask, WHICH FORM SHOULD I FILE FIRST?

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Attorney answers 6

Posted

Now that DOMA has been struck down, it is only a matter of time before the USCIS will have to approve green cards based on same sex marriages.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

The Supreme Court ruled that legislation discriminating against same-sex marriage is unconstitutional. It does not, per se, recognize same-sex marriage on the federal-level. They have merely opened the door.

VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com

Asker

Posted

As I have been reading, all the websites said that The supreme court’s decision to strike down DOMA means same-sex marriages must be recognized for immigration purposes. You are telling me that New York Times, Washington Post, ABC News, NBC News are all wrong?

Steven Sahag Vosbikian

Steven Sahag Vosbikian

Posted

Eventually, you will be able to. Not right now...

Posted

A sorrow review of the information posted on www.uscis.gov might help. Also following the link below.

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.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Thorough, not sorrow, sorry for the mistype on my phone

Posted

I'm sorry to tell you that USCIS does not recognize same sex marriages. It's unfortunate.

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

Asker

Posted

The supreme court’s decision to strike down DOMA means same-sex marriages must be recognized for immigration purposes,

John Grayson Davidson

John Grayson Davidson

Posted

Ok, go ahead and apply. See what happens.

Asker

Posted

I will as soon as they open the applications. As a lawyer you should pay more attention and update yourself to whats going on in your field.

Posted

Yes you will be able to apply for the family based visa and green card now even though it is a same-sex marriage. Based on the information you provided and an assumption: you entered the US with a visa and you are married to a US citizen. While the Department of Homeland Security was previously denying applications and petitions based on same sex marriages that has now changed because the US Spreme Court has declared section 3 of DOMA to be unconstitutional. This past week the Secretary of Homeland Security and the head of US Citizenship and Immigration Services have stated their agencies will follow the decision of the US Supreme Court and now allow benefits to be applied for even if based on same-sex relationships. While at the national AILA conference this week information has been shared that USCIS has already approved a same-sex I-130 just the day after the Supreme Court ruling striking down section 3 of DOMA.

File the I-130 and I-485 concurrently. You may wish to consult with an attorney in person to assist.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Asker

Posted

Thank you for the very helpful information. My concern was about the I-130 and I-485 if I could file the I-130 wait for approval to file the I-485 separately instead of concurrently.

Posted

First file only I-130

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