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

Asked over 1 year ago - 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?

Additional information

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

Attorney answers (6)

  1. Carl Michael Shusterman

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    Contributor Level 20

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    Answered . 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... more
  2. Steven Sahag Vosbikian

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    Contributor Level 15

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    Answered . 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... more
  3. Alexander Joseph Segal

    Contributor Level 20

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    Answered . 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)... more
  4. Theodore John Murphy

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    Answered . 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... more
  5. John Grayson Davidson

    Contributor Level 17

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    Lawyer agrees

    Answered . 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
  6. Sergey Vladimirovich Makarov

    Contributor Level 14

    Answered . First file only I-130

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