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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28069
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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hi now that DOMA is no more.i want to bring my same transgendered

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hi now that DOMA is no more.i want to bring my same sex transgendered partner to the U.S.we plan to marry in California.she is a filipino currently working in Dubai U.A.E.should i file the petition for the k1 while she is in Dubai or should she go home to Philippines.which U.S. embassy is she more like to get the visa.i mean will the embassy in manila give her a better chance at the interview because it her home country or will it matter,we have no problem meeting the 2 year of proof lots of pics together.we even have each others names tatood on our bodies.finacially i meet the requirements so should be no probllem there.we have been together 5 years and can prove it.your thoughts on the matter would be appreciate thanks in advance

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

She has to return to the PI for her interview unless she has a resident visa in Dubai.

I think she would have a better reception at any rate there in the PI than in UAE.

You would file the I-129F for her.

The I-129F will cost
$340 plus a $350 fee for the visa processing fee. After she enters the U.S.,
then you have to marry and then you have to pay $1070 for the I-485

Unfortunately, you will have to be patient because it
will take a total of 6-10 months for you and she to go through the arduous
process of her immigrating.

You will file form I-129F with the USCIS here in the US at the lockbox (PO Box)
as per the instructions.

You must include with the form a G-325A for you and she along with 2 passport
style photos of each of you.

You can find those forms and instructions at this link

Once your petition is approved (it will take 3-5 months) you will be notified
and the petition will be sent to the National Visa Center. In approximately 2-3
weeks they will send you a notice and instructions for her to begin the visa
process by submitting the DS-156 & 156K Visa Application.

After that is received the USCIS will request her background/security check be
done by the FBI she will then receive her instructions for her medical and visa

She will be told what documentation to bring.

She should document your relationship with pictures, cards, emails, printouts
of your skype conversations, etc.

Actually, you did not have to wait for DOMA to be struck down is she had completely transgenered and had her sex changed on her passport to female. Those cases have been approved for years.



Customer: replied 3 years ago.

yes she has a residency permit in she has not had the srs surgery to become a female

OK, thank you then shehas not yet transgenered and it would be a same sex marriage.

Is that legal in CA now? I know the law has changed a couple of times.



Customer: replied 3 years ago.

yes it is legal now.we can always chose D.C. or Mass where it is legal.if not.i appreciate the added info bout the process and how much it costs and waiting times.been studying probably gonna get a lawyer to handle it so no mistakes.thanks for the extra last and then im gonna do my review thing,and its good review by the way.u helped alot.but can you do me a favor her name is XXXXX XXXXX you adress jackie and give her your opinion on what her best chance of getting the visa manila or dubai.and im gonna show her this your answer was sent to my email im sending it to her.she has american friends in dubai and filipino relatives saying its ok to use the embassy here in dubai.could you adress her and advise her just type it out here what her best options are in your own words without any input from me.thanks.

Hi Jackie

Your fiancé asked me to address the issue of whether you can do your consular processing in Dubai.

Since you hold a resident visa there, you can apply through that Embassy for your fiancé visa.

Basically, you have the option. I don't see your chances of issuance being different through either of the Embassies.


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