Thursday, January 29, 2015

Coming Out Important for Marriage Green Card?

It has been interesting to learn how Immigration Officers discuss the topic of "coming out" when conducting the marriage green card interviews for same sex married couples applying for a marriage green card.

Some of the Immigration Officers ask whether spouses have come out with their families and coworkers, and some don't.  From my observations, it seems to depend upon whether the couple appears to be isolated or not.  

For example, the following factors might lead an Immigration Officer to think that a gay or lesbian couple has not told anyone about their marriage:


  • There are very few photos submitted at the marriage green card interview that show family, friends, neighbors or co-workers with the couple;
  • If there are photos on  Facebook with friends, neighbors or co-workers, they are all formal group photos, or were some more casual;
  • There were no witnesses at the marriage ceremony;
  • One or both spouse has not met the others' family; and/or
  • Facebook and other social media pages do not indicate "married."
One lesbian marriage couple that I represented this year at their marriage green card interview were both of Mexican descent, and both very active in the Catholic Church (both in Mexico and America).  

In fact that is how they met - at church. The partner that was requesting a marriage green card had a college degree in religious studies and was seriously considering becoming a nun earlier in her life.  

But, she found love and got married and changed her mind.  Imagine the Immigration Officer's surprise when he (he was Filipino/American) discovered that the only person who knew about their marriage was their Priest! They had not come out to anyone else. 

Their case was approved. 
_______________________________________________________________________________

Danielle Nelisse, Immigration Attorney
Danielle Nelisse can be reached via Email or at (619) 235-8811 during her office hours. Attorney Nelisse represents clients all over the USA.

www.daniellenelisse.com

Other Immigration Questions Concerning Same Sex Married Couples:

What are the issues if my gay spouse entered the USA as a B-2 Tourist?
 
Exactly what happens at a marriage green card interview?

How does a person get married in the USA? 

Tips on how to help your helping your partner adjust to America during the Adjustment of Status process.

What if my spouse entered the USA legally, but overstayed their visa?

What if my spouse is HIV positive?

Is "coming out" important to the Immigration Officer who conducts the marriage green card interview?

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