Anyone Have Experience as a Lesbian/Gay couple after DOMA?

D

devo6786

New Member
Hi!

Quick background: Im in a lesbian relationship living in California. Due to Prop 8 being overturned, we are now legally married (we called and asked if we had to get REMARRIED in Cali and we were told NO, that it would be illegal, lol). DOMA was also appealed the same day, meaning my wife could apply for a GC.

My wife is from Canada. Gay marriage in Canada has been legal for a long time now. We have been together since 2004. We got married in Toronto, Canada in 2007. Now, obviously, that didnt matter (to CA or the US government) until this past June. My wife moved here in 2008 on an f-1 and went to law school. Graduated, got her OPT (valid for one year). Right before her OPT expired we applied for her GC.

SO far, all has gone as planned. She even has her EAD card, and this past Monday we went to the DMV to get her CA ID. Our AOS interview is scheduled for Nov 8 in San Bernardino, CA at 10am.

So far I have gotten together over 150 photos (we have THOUSANDS between her facebook, mine, my moms, old photos, etc), insurance in my name but with her as a domestic partner (the company I work for allows this, even if you are gay and not legally married), car insurance, joint checking and savings accounts and a letter from the bank saying we opened these in 2008, cell phone bills and print outs, 3 letters: one from my mom, my sister and my best friend who was a witness at our wedding, all the other stuff they ask for (passports/birth certificates/forms/w2s/etc), about 10-15 travel documents to and from canada, etc.

Im MOSTLY worried about the fact that we have been married since 07, wife came here on a f-1 (not knowing DOMA would be over turned). Im worried about the logistics and time frame of OPT expiring (literally 1.5 months AFTER DOMA was over turned).

Funny enough, my wife IS a lawyer in CA now, she says not to worry, but as always, I cant help myself and would like others opinions?

Anything Im forgetting? Any advice on what happened with DOMA and not to flood the person interviewing us with facts? My wife is also VERY oblivious. I joke she should be a man. She would never know what color my tooth brush is, who what type of tooth paste we use. Shes just like that.

Am I worrying too much?

EDIT: im also worried about the income part. I just have to make 125% over the poverty level for 2 people (no kids), correct? It doesnt seem like I make enough (personally), I think 125% is almost 20k a year, Last year I made about 28k and this year its a projected 34k
 
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I think that you are worrying to much in regards to DOMA. Department of Homeland Security Secretary Janet Napolitano (now former secretary) stated when DOMA was overturned that USCIS is to review all applications for immigration benefits equally no matter if it is a gay or straight couple. I would also not worry about the logistics of when the OPT expired since no one knew that DOMA would be overturned when it was.

In terms of questions such as the color of your toothbrush, it depends on if the gut feeling of the interviewing officer. If the evidence submitted clearly proves that this a marriage entered into in good faith then the questions should be pretty much to see how you interact with each other and to verify information already submitted. To give you an example: when my wife and I were interviewed in 2010 for her GC, we had a lot of evidence both with us and what was submitted with the application that the officer basically asked us questions to verify information already submitted (like legal name, date of birth, address, how long at that address, telephone number, where did you meet, have I been to my wife's home country, etc.) with all the information the officer was able to tell us that she was going to make a recommendation for approval to her supervisor. On the way out my wife asked the officer how I did (since I was the one that did most of the research and collected the evidence) to which the officer replied it was an easy case.

In terms of income: Yes, 20k or so for a family of four doesn't seem like a lot of money. However, that is all the government needs to see in order to overcome the financial part of the application. I also asked the officer that interview us regarding the I-864 since I needed to show investments and my aunt also nicely submitted an I-864 in case my total income still fell short. The officer replied that the I-864 is reviewed by NBC (National Benefits Center) before the case is cleared to be sent to the local office for interviewing. The officer showed me where my I-864 was stamped approved. Therefore, if there was any issue regarding your I-864 you should of received a Request for Evidence in the mail. However, if has been a while since you file your I-864, I would bring updated information (and an updated I-864) and only present it if the officer ask for information from the I-864.

Bring copies or the originals of all documentations submitted with your I-130/I-485 application. First, the officer needs to see the originals of documents that copies were sent (such as the marriage license and birth certificates). Second, if you bring copies of documentation that you already submitted in case there was an issue were something didn't make it into the file and got overlooked then you can provide a copy of it to the officer on the spot.

Lastly, follow your wife's advice and don't worry.
 
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