OK - this is a hypothetical question....
I am part of a same-gender couple - the US part. The Supreme Court may rule on the constitutionality of the Defense of Marriage Act in June 2013, Section 3 of which prevents me from sponsoring my partner for a Green Card.
She usually enters the US under the Visa Waiver Program, which gives her 90 days in the USA. She has NEVER overstayed this 90 day requirement.
We are planning on getting married in February in the State of New York, where our marriage is legal.
*IF* she were to win a slot in the 2014 Diversity Lottery, announced as of May 1, 2013, would it be better for her to get a Green Card through the DV program, which means she would not get a Green Card until at least 2014, or, if the Supreme Court throws out Section 3 of DOMA, and I can file sponsorship papers as of July 2013 (still hypothetical here), for her to go the Marriage Visa Route and get a Green Card in about six months?
The paperwork for the DV program would be easier, and cheaper, but we would be separated approximately six months longer. We've had to separate many times over the past four years.....
I know there are no existing cases like this, but I just wondered if there were others who had the choice of DV slots vs. "family" slots.
Thoughts welcome.
Sukie
I am part of a same-gender couple - the US part. The Supreme Court may rule on the constitutionality of the Defense of Marriage Act in June 2013, Section 3 of which prevents me from sponsoring my partner for a Green Card.
She usually enters the US under the Visa Waiver Program, which gives her 90 days in the USA. She has NEVER overstayed this 90 day requirement.
We are planning on getting married in February in the State of New York, where our marriage is legal.
*IF* she were to win a slot in the 2014 Diversity Lottery, announced as of May 1, 2013, would it be better for her to get a Green Card through the DV program, which means she would not get a Green Card until at least 2014, or, if the Supreme Court throws out Section 3 of DOMA, and I can file sponsorship papers as of July 2013 (still hypothetical here), for her to go the Marriage Visa Route and get a Green Card in about six months?
The paperwork for the DV program would be easier, and cheaper, but we would be separated approximately six months longer. We've had to separate many times over the past four years.....
I know there are no existing cases like this, but I just wondered if there were others who had the choice of DV slots vs. "family" slots.
Thoughts welcome.
Sukie