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DOMA and immigration for same-sex couples

Can anybody help me?

1. I won the DV lotto (plan to do AOS process) and already sent form 122 with 1st NL, 2 photos to KCC. If I got married after I won the lotto, should I let the KCC know my marriage status since there is no question about marriage status in the form 122?
2. Since the DOMA change the immigration for same sex couples, if I marry to my boyfriend (same sex) in the legible state, will my boyfriend get green card with me?

Thank you :)
 
NOPPO said:
Can anybody help me?

1. I won the DV lotto (plan to do AOS process) and already sent form 122 with 1st NL, 2 photos to KCC. If I got married after I won the lotto, should I let the KCC know my marriage status since there is no question about marriage status in the form 122?
2. Since the DOMA change the immigration for same sex couples, if I marry to my boyfriend (same sex) in the legible state, will my boyfriend get green card with me?

Thank you :)
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1. No, there's no need to update KCC with the information. You will have the opportunity of proving the genuineness of your marriage at the time of your interview. Also making a payment for 2 people (when the time comes to make your DV administrative processing fee) is an indication to KCC of your changed status.

2. This is still a grey area at this time in spite of the court's ruling on DOMA, I don't think anybody has a clear cut idea as to when same sex couples can claim/enjoy immigration benefits.
 
I would actualy ask KCC about your case. Usually law doesn't work backwards so they might say that next year gay married couples would be included in emigration programs. Also there are still DV2013 people having their interviews and they have been denied including their same sex partner in their application. What about them?

Good luck!
 
I sent email to ask them already. However, I won dv for 2014 Year which I think it start this coming October. Not sure about the law.

Do you think. I need to hire a lawyer fot this case?
 
This is a really interesting point. I think DOMA might have had immediate impact the moment it was repealed.

An already married (gay) DV selectee should in theory have listed their partner on the DV lottery entry. Doing so might have caused them issues prior to the repeal of DOMA - but NOT doing so might now cause those persons issues.

In the case of NOPPO's situation I would imagine that USCIS would have a hard time in denying a joint application based on a gay marriage (as long as the marriage is legal, well documented and can be shown to be genuine). I think that effect was immediate upon the repeal of DOMA - but if I were in that situation I think I would try and contact a US based LGBT advocacy group. You could use a lawyer but lawyers generally aren't well versed in DV lottery cases and unless they specialise in LGBT cases they won't know much about those rights either.

Calling KCC would also be a good idea - BUT the first line admin staff may not have good knowledge on that issue (and being based in Kansas they may not be personally inclined to help!!!). Be persistent and you may get a good answer...

The following case illustrates how quickly the DOMA repeal affected immigration issues -

http://tv.msnbc.com/2013/06/26/judg...earing-minutes-after-court-strikes-down-doma/
 
NOPPO said:
I sent email to ask them already. However, I won dv for 2014 Year which I think it start this coming October. Not sure about the law.

Do you think. I need to hire a lawyer fot this case?
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NOPPO - this group looks like an excellent resource for you - they will advise you and perhaps even advocate for you. I suggest you contact them asap....

http://immigrationequality.org/about/our-services/


And if you do decide to consult with or hire a lawyer, find one who has knowledge of LGBT issues and immigration - preferably someone with "skin in the game" . You could try this lawyer who seems to have some insight.

http://www.seattleimmigrationlawyerblog.com/
 
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Thanks for your helpful advice. I'll let you know if the process is confirmed by USCIS.
 
britsimon said:
Calling KCC would also be a good idea - BUT the first line admin staff may not have good knowledge on that issue (and being based in Kansas they may not be personally inclined to help!!!). Be persistent and you may get a good answer...
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Do you think really think that KCC employees would misinform or deny same sex couple their immigration rights just because of their (religious/political/social) views about gay marriage? That would mean that they would be doing it also based on prejudice against race, religion, country of origin of applicants. If that is the case then I wonder how many rejected applications, APs and other DV related issues are a result of KCC/embassy/consulate employees errors or purposed doings?
 
franko said:
Do you think really think that KCC employees would misinform or deny same sex couple their immigration rights just because of their (religious/political/social) views about gay marriage? That would mean that they would be doing it also based on prejudice against race, religion, country of origin of applicants. If that is the case then I wonder how many rejected applications, APs and other DV related issues are a result of KCC/embassy/consulate employees errors or purposed doings?
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Not overtly, no. BUT Kansas is VERY right wing and VERY religious (Christian mainly). That means a lot of the staff would have political and religious beliefs that are heavily stressed by the concepts being discussed in this thread. Some people might have a hard time going out of their way to advise someone appropriately given those beliefs and may be slow to inform themselves or others about the changes in law.

I'm not trying to insult anyone - just knowing human nature and understanding what life is like in some parts of America. I would HOPE I am wrong... but.....


There are two topics to avoid in some situations, religion and politics. I've managed to include them both in this post - so as I have said - I am sorry if this touches nerves for anyone - it is not my intention. Live and let live in peace and as you choose to do so as far as I'm concerned...
 
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britsimon said:
There are two topics to avoid in some situations, religion and politics. I've managed to include them both in this post - so as I have said - I am sorry if this touches nerves for anyone - it is not my intention. Live and let live in peace and as you choose to do so as far as I'm concerned...
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True that !!! And let's stop there.

And I think you meant Kentucky :)
 
franko said:
True that !!! And let's stop there.

And I think you meant Kentucky :)
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lol - YES AND THANKS!

and actually - that may well make a difference because yes I was having a flashback moment to KANSAS and getting my "States beginning with K" konfused.

Kentucky is (joking apart) the state that bought Moonshine to the US - so yeah - they are probably a little more "liberal" in their views. No problem then! ;-)
 
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