QUESTION

Is it possible for both of us get married in December if I only have a tourist visa?

Asked on Apr 24th, 2014 on Immigration - California
More details to this question:
I´m a gay man and not an American. I date a gay African man. He has lived in the US since 2011, I think. He is legal in the US and we do want to get married in December. He will get his green card in July. I went to be with him in the US but I got back to my country within the prompt that I had planned my return about two weeks but I got six months in the immigration. Thanks!
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4 ANSWERS

You can get married but you will not be able to derive any immediate immigration benefits from your spouse if he is not yet a green card holder. Even when he gets his green card, he would have to petition for you and the process will take about 1-2 years during which time you cannot stay in the U.S. unless you have a nonimmigrant status that allows you to stay all that time.
Answered on Apr 28th, 2014 at 1:47 PM

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Adebola O. Asekun
You should not put the cart before the horse. From your question, your intended African spouse is not a lawful permanent resident and whether he will or will not become a green card holder is at this time speculative. Only after he gets a green card can he file any petition for you and then, only after you marry. Finally, ensure that you contract your marriage in a jurisdiction where same sex marriage is valid and recognized.
Answered on Apr 28th, 2014 at 4:00 AM

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You can marry your fiance in any state or country that recognizes gay marriages regardless of your immigration status. Your future spouse may then petition for you on form I-130.
Answered on Apr 25th, 2014 at 10:21 AM

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Bruce A. Coane
The law for marriages vary from state to state. It would depend on that state. Most states, from what I've heard, allow tourists to get married. And, as you know, a handful of states allow gay marriage. Of course, marrying a green card holder is no automatic way to stay here. There is a quota for visas in that category.
Answered on Apr 25th, 2014 at 9:45 AM

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