LGBTQ marriage and related questions

S

sam4weed

New Member
Hi, my cousin who is Gay, lives on British virgin island for his work and is from Asian country. He has a Partner/Boy friend a US citizen whom he visits 3 to 4 times a year and is in long distance relationship. He has multiple entry B1/B2 visa for US that he uses when visiting me and also his boyfriend who happen to live in a different suburb than mine of the same Metro Area. So whenever he visits me, he will spent quality time with his boyfriend

My question.
a> Can he get married to this guy as a civil marriage and in Aug 2019 and not go back to this island near US after entering on B1/B2 visa
b> Can he apply for Spousal green card or change of status after getting married in US in civil court
c> Can he apply for EAD card based on his marriage and start working when he gets that.
 
Being gay is irrelevant, any legal marriage is marriage in the eyes of uscis.
It is fraudulent to enter on a B visa with immigrant intent (ie to stay and adjust status), he may be refused entry and have his visa revoked. They can get married while he is here, his boyfriend /then husband can apply for a I130 and he can return home to await consular processing, still using his B visa to visit in the interim as long as he can show each trip on the B is temporary.
 
sam4weed said:
a> Can he get married to this guy as a civil marriage and in Aug 2019 and not go back to this island near US after entering on B1/B2 visa
b> Can he apply for Spousal green card or change of status after getting married in US in civil court
c> Can he apply for EAD card based on his marriage and start working when he gets that.
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As posted above, he can get married anywhere same-sex marriage is legal. But he cannot stay or adjust status in the US after entering on a b2 visa. His USC spouse petitions him starting with the i130. He awaits CR1 visa processing in his own (Asian) country and interviews there.

It is fraud to enter on a b2 visa with intent to adjust status.
 
Thanks for your quick responses. Is it possible for this guy to get a K-1 visa instead and move to US. As it is, he is finding it depressing to work on an island and continue this long distance relationship. Its not healthy for marriage either that once they get married in civil court for him to go
back until he can process his I-130 /CP in Asian country.
It means he will have to continue working for another 8 to 9 months on this British virgin island close to US borders before he can move with his partner/spouse officially.

What is the best way for him to remain in US and use his exp. to take up job here instead and apply for AOS within US?
 
The USC boyfriend could petition him for a K1, but depending on his country of nationality, K1s could be a challenge. Marriage-based visas tend to be on firmer grounds. Fiance or marriage visa is something the two of them have to decide.

Nothing unique about this situation, and avoiding CP is not a valid excuse. Plenty of folks wait for their loved ones overseas (some in risky situations) while awaiting visa processing; LDR could be healthy for a marriage. What's a year wait for a lifetime of happiness?

Encourage your cousin or his USC bf to join this free forum and ask questions themselves. Potential room for error exists when asking in third person.
 
Thanks for your advise, My cousin has decided to get married when he is here on B1/B2. And also made up his mind to leave the country and continue working on the island near US shore. His spouse would be filing for CP for him while he is out of this country.
Question to you is

Can he enter US during his CP process on B1/B2 to keep on visiting his spouse , what should the answer be when the immigration office questions " What is the purpose of his visit" , can he then say , he is here to visit his "Partner/Spouse" and will be leaving back to his place of work.
He intends to immigrate to US only when his CP process is done, but in the meantime, continue this process may be once every two months.
Since he has job on the island near US shore, he can always show that he intends to go back in every trip he makes from that island nation near US shore.

This question is being framed by my cousin, he didn't want to create new id and wants to continue this thread. Your inputs have been very valuable to him to do it the right way, following law.

Thanks
 
Sure he can visit using his existing visa. I’d suggest he always bring evidence of why he will leave after each visit.
Admittance is always at the discretion of CBP. There is an unofficial rule of thumb that visitors should spend twice as long outsude the US as in it, and I’d suggest he follows this as too frequent or too long visits might become an issue.
 
Agree with Susie above. Also, about his response to purpose of visit, it should be to visit his partner prior to marriage, and spouse after marriage. He would be declared his spouse to USCIS once the i130 is filed.
 
I guess this is the right thread for me.

Hi! My partner whom I am bound by Holy Union with received his J-1 visa on September 25, 2019. I've read in some articles that since same-sex marriage is not honored in the Philippines, I cannot enter the US on a J-2 visa. He has become desperate and been anxious about how I can at least visit him in NM. Is it possible to enter the US on a visitor visa even if he indicated me on his DS-2019 form? Would that matter since during his interview it was not even mentioned? We highly appreciate any inputs or advice and heartfully grateful to you all.
 
halfsushi said:
I guess this is the right thread for me.

Hi! My partner whom I am bound by Holy Union with received his J-1 visa on September 25, 2019. I've read in some articles that since same-sex marriage is not honored in the Philippines, I cannot enter the US on a J-2 visa. He has become desperate and been anxious about how I can at least visit him in NM. Is it possible to enter the US on a visitor visa even if he indicated me on his DS-2019 form? Would that matter since during his interview it was not even mentioned? We highly appreciate any inputs or advice and heartfully grateful to you all.
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It’s not clear if you are legally married. It doesn’t matter if it’s recognized where you live, but the marriage must have been done in a country where it is legally recognized for it to be valid for a derivative visa.

If you enter on a visitor visa you may only stay for the period of validity allowed, and if you try to visit too often you may be denied entry. See post #8 above.
 
SusieQQQ said:
It’s not clear if you are legally married. It doesn’t matter if it’s recognized where you live, but the marriage must have been done in a country where it is legally recognized for it to be valid for a derivative visa.
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If you enter on a visitor visa you may only stay for the period of validity allowed, and if you try to visit too often you may be denied entry. See post #8 above.
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Hi SusieQQQ,

Thank you for your prompt response.

Sad to say that same-sex marriage is still banned in the Philippines. I am beginning to feel hopeless about the matter. All the while we thought that as long as there's proof of relationship, we get "married" by the rite of Holy Union everything goes well. His friends are willing to help him with the matter but it seems that matters may fall out of place.

Since the J-2 visa application will definitely not work since there is no legal basis for the union and applying for a B-2 visa limits the duration of stay. Are there any possible scenario that we can do? I was thinking of the B-2 visa route this way;

  • my partner is on a J-2 cultural visa exchange as a teacher - what reason will I provide to the consul on the interview, he arrived in the USA Oct. 7, 2019, what eligibility do I have?
  • I have relatives who are naturalized Americans, whom I don't have constant contact even on Facebook - not even sure if they're willing
  • I have a childhood friend, naturalized by marriage, who is willing to help but I need re-assurance
  • I am employed for 3 years in an IT related company, earning above the minimum wage rate in the Philippines, with no previous foreign travel history
  • I have no personal property, but I have active bank account(s), my mom has an illness and needs constant care
Listed above are the possible hurdles for my application. Yet still I am optimistic to apply for a visa. We are hoping you could shed light to my situation.

I highly appreciate your advice(s).

Thank you
 

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Is a possible solution to go to another country to get legally married? Or, if you do visit the US, to just marry there and then go home and apply for a J2?

It’s hard to tell your chances of a B2. To get a B2 you need to show decent ties home, but if you are prepared to (if possible) move to the US for a year or two on a J2 (you don’t mention your partner’s contract length) that implies you don’t have strong ties.
 
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