Gay marriage and immigration on CNN

 

“No American should be forced to choose between their spouse and their country.”  -Andrew Sullivan

CNN’s Fareed Zakaria recently did an interview with writer Andrew Sullivan about being gay and HIV positive and trying to immigrate to the United States.  When he was first set to immigrate to the US in 1993, he found out he was HIV positive and was denied a green card.  Now, you can immigrate to the US if you’re HIV positive, but the issue of gay marriage and immigration is still unresolved.  Sullivan is legally married to his American spouse in Massachusetts and Washington D.C., but because immigration is a federal issue, these marriages are not recognized and he cannot be issued a green card based on marriage.  Many couples (including In Love Abroad readers) are facing this same problem.

You can watch the interview and read some comments from people in similar situations here.

 

Moving Overseas: Things You Never Expected

Your bags are packed, your tickets are purchased, and you’re ready for your new adventure with your soon to be short-distance love.

It’s everything you’ve worked for. So why all the butterflies in your tummy?

Moving is a big change. And like any big change, there are some challenges ahead for the new person in town. Luckily, there are ways to prepare for them. Below are some pitfalls and tips on how to handle them.

 

You’ve traded one long-distance relationship for another (your family and friends).

And you miss them. It’s natural. You’ve plonked down in somewhat unfamiliar surroundings, and you don’t have your safety net.

Start by organizing weekly or monthly Skype calls with your family and friends. Emails can feel impersonal, and you’ll want to hear some friendly voices. Even ordering minutes on Skype to call their phones if they don’t want to video chat is very economical.

 

I get to talk to my family, but I feel lonely here.

Again, completely normal to have feelings of isolation and loneliness. Remember all the things you did to find friends in your old home? It’s time to start all over again. Religious organizations or volunteering are great ways to meet people. So is looking up the local boards for any activity groups you find enjoyable – perhaps Tai Chi or pets is your thing. Find other enthusiasts nearby, and invite them for coffee.

Finding a job can lead to some friends through co-workers. So can bar-hopping, or even travelling.

Another great way to find friends? Look for other new migrants. There are many expat boards you can join which have meet-ups. And these people can hook you up with all sorts of things a new expat like you may need.

Planning weekly activities and giving yourself a full schedule are also important. The less time on your hands to sit around and think, the less time there is to think about home. Keeping busy will integrate you better into your new community.

 

We speak different languages, and I’m struggling to communicate.

This is another common problem. Even if you’ve taken some language classes, it feels very different when talking to native speakers. Sign up for more classes in your community. Watch local TV – no cheating! Listening to people, even with them speaking quickly, will help. Again, finding the expat community will help as well, with people to help explain things and share tips and tricks for making it easier.

 

Going to the store (or wherever) leaves me feeling overwhelmed and confused.

Having to really realize you’ll have to pick out a whole new line of food, washing brands, and so on, can feel really overwhelming. All of these decisions, big and small, can feel like they’re hurtling at you all at once. And they are. Trying to explain this to someone who hasn’t been in this position can feel even more frustrating and futile.

Cut yourself some slack. Some decisions are important, and others, like figuring out which brand of detergent you like, are less so. Give yourself permission to goof up with your detergent, and just try what looks good. It’s ok to not like it and pick another.

And feel free to express your frustration to someone who understands. You’ll probably be swapping funny stories about purchasing mishaps in no time.

 

Marisol Dunham has been a freelance writer since 2007, and now lives with her once long-distance boyfriend in Australia. An American wandering the bush, she writes about her life and writing ventures on her blog at http://www.madunham.com/. You can find her on Twitter at @maridunham.

photo by: Vox Efx

Do I need a lawyer for the fiancé or spouse visa?

The paperwork for K1 (fiancé) and IR-1/CR-1 (spouse) visas appear very difficult at first glance.  There are many forms to fill out with detailed questions to be answered and supplemental information to be attached.  It looks nearly impossible for the average person to tackle.  That’s why one of the most asked questions related to these visas is “Do I need a lawyer?”.  Fortunately, the answer is fairly simple.

Floyd Abrams by David Shankbone
Creative Commons License photo credit: david_shankbone

You need a lawyer if…

In certain situations, you should most definitely consult a good immigration attorney.  You speak with a good lawyer if your foreign partner has:

  • overstayed their visa to the United States
  • earned a ban to the United States for any reason
  • a long, violent or sexual criminal history
  • any other red flags

“Any other red flags” may include such things as having come to the U.S. as a fiancé or spouse of someone else in the past or having an illness that may prevent him or her from immigrating.  Think like an immigration officer and go over your case with a fine-toothed comb: do you see any red flags?  If anything stands out to you, it is worth consulting a lawyer.  When you speak to a potential lawyer for your case, make sure to ask them about their experiences handling cases like yours.

You might want a lawyer if…

It is what it seems: the paperwork and document collection for the fiancé and spousal visas takes a lot of time.  If you are short on time but not short on money, you may want to hire a lawyer to manage the process for you.  When I was investigating immigration lawyers, I found that most charged between $3,000 and $4,000 for the K1 visa.  Be careful, though: not all lawyers are good lawyers.  Word of mouth is a great way to find an attorney.  Ask people you know if they’ve used any immigration attorneys in the area and what they thought of them.

You shouldn’t use a lawyer if…

There are certainly reasons not to use a lawyer.  The most obvious reason is financial.  The visa fees are high and hiring a lawyer will add thousands of dollars to the cost.  Also, each lawyer handles many immigration cases and can’t focus all of their energy on your case.  If you do your own paperwork, however, you can focus all your energy on it and control every detail.

If you decide to take on the visa process without professional help, you should be following VisaJourney’s guides exactly.

My K1 Wedding: Tips for Planning a Rushed Wedding

Exactly two weeks ago, my (formerly) long-distance love and I finally tied the knot.  It was the greatest reward after a such a complicated relationship and the K1 visa process.

As you may now know, you need to get married and file for adjustment of status (AOS) within ninety days of arriving in the United States on a K1 visa.  This doesn’t leave much time for wedding planning!  Your wedding can still be special with a little advance planning.

  • Have a courthouse wedding.  My wedding was performed by a court administrator and cost exactly $0.  I was able to make arrangements for her to marry us within two days of my initial phone call to my county.
  • Buy your clothing in advance.  My husband and I had our wedding outfits planned before we ever moved to the United States.  Fifteen minutes of ironing and we were ready to go!
  • Get a bouquet and corsage.   Initially, I thought that our wedding would be so informal that I bouquet would just look silly.  Luckily, my father ordered a bouquet for me and a matching corsage for my groom.  They looked perfect and made me feel like I was having a “real wedding” and not rushing through the immigration process.
  • Have a bottle of champagne ready.  Maybe it’s silly, but I think popping a bottle of champagne is a really fun way to mark a special occasion.
  • Take pictures and share them!  I’ll be honest: the “just married” feeling began to set in as I posted my wedding pictures on Facebook and the congratulations poured in.
Our K1 Wedding

My K1 Wedding

Now begins another stage of our life journey and our visa journey.  Adjusting to life in America is not so easy; there are new challenges every day.  Adjusting status so my husband can become a permanent resident has been much easier.  I’ll be writing about both of these issues in the upcoming weeks.

Why I Chose a Temporary Visa

It’s December. My boyfriend and I had just spent two months living together, and we’d agreed that we wanted to close the distance after since the two months had been so successful. And we wanted to do it sooner rather than later.

So when I started researching visas, I was quickly disappointed by the lack of choices. My boyfriend and I wanted to live together and be a normal couple. Sure, we wanted to get married and live happily ever after, but we wanted to do it on our terms, with time spent together in normal couplehood first.

Permanent residency visas/work visas were expensive, and many took a long time to be approved. Others were too short – I didn’t want to spend only 3 months together only to leave again. Personally, I didn’t want to do a fiancée visa, or get married just so we could be together. Maybe it’s because of my divorce, but I didn’t feel it was fair that we had to either be married or live an ocean away, which sometimes feels like the only options a country will give you.

However, that is not the case! There are a few types of temporary visas which can give the time to have your cake and eat it, too. Some examples include long-term visitor visas (many countries have 6-12 month long visitor visas), working holiday visas, even some student visas can give you the time to be with your long-distance love while exploring their culture.

I realized that although these have different requirements I had to meet, I could do them on my own terms and free myself up for a chance to see how we handled life together on a longer term basis before stressing over the incredibly detailed things needed for a fiancée or partner visa.

I chose to come on a working holiday visa to Australia. It gives me a year to live, work, and explore the country, and it wasn’t dependent on anyone else for my entry. It gives us time to live together as a couple, and it means I can apply at the end to be a permanent resident without being married or the pressure of getting married. It gave us a few more hoops to jump through, but these were acceptable to us for a chance to live together for a year and see how things worked.

I realize this doesn’t work the same way for other people in other countries, but my point here is this: if you want to do it a different way, don’t give up. You may have to be willing to make some compromises, but closing the distance without getting married can be done.

Marisol Dunham has been a freelance writer since 2007, and now lives with her once long-distance boyfriend in Australia. An American wandering the bush, she writes about her life and writing ventures on her blog at http://www.madunham.com/. You can find her on Twitter at @maridunham.