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Our client, Jack was originally from China, and he came to the U.S. on an H-1B visa, and later transitioned to an F-1 visa as we he pursued graduate studies in New York city. He worked as a graduate research assistant while completing his degree. During his time in school, Jack met his now-husband, and their relationship blossomed. However, as his student visa neared its expiration, Jack found himself lost. He was questioning if he should return home to China or explore other options for staying in the U.S. long-term.
At this point, Jack and his partner came to our office. They knew they wanted to spend the rest of their lives together, but Jack was uncertain about marriage. Same-sex marriage wasn’t recognzied or accepted in China, and he worried about the potential complciated of marrying in the U.S. He questioned how his family would react, and if he would be shunned from both his family and community back home
Our team carefully considered Jack’s situation and explained that if he wanted to permanently reside in the U.S. with his partner, a marriage-based green card case would be the best option for him at the time. There is no U.S. law preventing any same-sex marriages for a green card. Despite Jack’s initial hesitations, especially regarding the societal implications in China, he and his partner decided to move forward with the marriage green card petition.
We immediatedly begain to prepare the petition for the marriage green card. However, as soon as we were ready to submit the petition, the unexpected happened. The COVID-19 pandemic hit, bringing the entire world to a standstill. To make matters worse, Jack’s partner lost his job, raining concerns about his ability to meet the financial sponsorship requirements needed for the marriage green card petition. Without a steady income, they worried that the petition was at risk.
However, we assured Jack and his partner that this would not be a problem. We explained that we could find a joint sponsor, which is essentially someone who could meet the financial requirements and provide the necessary support to prevent Jack from becoming a financial burden on the U.S. governement. With this solution in place, they moved forward with their petition, and we filed in September 2020.
The petition was meticulously prepared with proof of Jack’s partner’s citizenship, their biographical data, proof to bona fide the relationship and substantial evidence for the joint sponsor.
During the interview, Jack faced intense scrutiny. The officers questioned the sincerity of his relationship with his same-sex partner, particularly given that he was from China, where same-sex relationships were not recognized. Additionally, we had to demonstrate that the joint sponsor met the financial requirements to esnure Jack wouldn’t need to rely on public benefits from the U.S. government. This was a critical part of the process, and we worked provide the necessary documentation, including financial affidavits and proof support. Despite these minor bumps, we provided enough evidence to support the legitimacy of their relationship and personal statements from family and friends.
Due to the COVID pandemic, processing times were signficantly delayed, and Jack’s application was stuck in processing for over a year. Finally, after an extended wait, USCIS approved the petition.
This case showed how same-sex marriages for a green card can be complex, but with the right support, it can be done. We strategically put together a petition and provided enough evidence to bona fide the relationship, where our client’s home country didn’t accept same- sex marriages. We helped overcome each obstacle, from financial challenges to culutral sensitivites, and utlimately ensured that Jack’s dream of living in the U.S. with his partner came true.
