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?
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.
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