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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105164
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm just trying to obtain info about same sex marriage. My

Customer Question

Hi there, I'm just trying to obtain info about same sex marriage. My gf and I want to get married. I am australian and it is not legal there so we wanted to get married in California (she is american)
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: We are in California. We would get married either here or Nevada and then have some sort of ceremony in Australia later
JA: Have you talked to a lawyer yet?
Customer: no not yet
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

But what is the end idea? You want to gain legal status in the U.S. and stay?

Customer: replied 3 months ago.
that is correct. We are considering moving to Australia as I am only on a B Visa but that wouldn't be till January. We have been engaged since May and were going to through a engagement party/ surprise wedding. But we need information on the whole thing
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Ok, but you don't want to stay and live in the U.S. nor get a green card status, correct?

Customer: replied 3 months ago.
I think I would just incase we don't end up going to Australia for a few years
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Ok. Luckily, thanks to the Supreme Court knocking down DOMA, same sex marriages are available all over the U.S. A Vegas wedding would be nice! But it's entirely up to you. I will provide you a link so that you can see the different requirements available all over the U.S.:

You just pick the place that is most convenient to you and has the easier requirements.

As far as a green card, after you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

Please let me know if you have any additional questions as I will be happy to respond, but because this case is the type of case that I love to handle, I will now send you a low-cost offer so that I can pass on my personal phone number and email. I cannot discuss pricing on an open forum, but if you accept, you will see I have multiple services available to you from document review to full representation and all at very reasonable prices. You won't be disappointed as these are my favorite cases to do and have been doing them for many years. If you decline, no problem, you can ask additional questions without any additional charge. But PLEASE remember to leave a positive rating for me. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because you leave a positive rating. I can still answer additional questions for you without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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