Q&A: How can I find more information on immigrating through the I130 petition as a married son?(7/5/11)


Question: Hi, I am a south African and have my entire family in the USA, they received their us citizen a while back. My father filed a I130 petition for me on the 6th April 2011. I am a gay and married in south Africa (legally). My other half has a sponsor in the united states and he is leaving at the end of November this year. How long will I still wait to receive a decision on my application and will I be able to go with him when he leaves? Will I be able to enter on my 10 year visitor visa? Any suggestions on what I can do to speed up the process? I know Gay marriages is not accepted yet and that is why we doing it separately.

Answer: You are correct that at this time US immigration does not recognize same sex marriage.  It will be interesting, though, to see if the USCIS would treat you as a “married son” of US citizen or not.  As you may know, a married son or daughter is the third preference and unmarried son or daughter is the first preference, which is much faster than the third preference( about three year difference at this time). 

Other than waiting for your father’s petition, you can also explore other options, such as E visa, H1 visa or EB-5 visa.  Please consult an immigration lawyer for reliable advise.