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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28814
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I (a British citizen) am in a same sex relationship with an

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I (a British citizen) am in a same sex relationship with an Australian citizen. My partner currently has an H1-B visa, and we intend to marry, in New York State, very shortly. Once this is complete will my partner be able to apply for an E-3 and admit me as his spouse?
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Is your partner changing status from the H1B to the E3 after you marry?
Judith
Customer: replied 4 years ago.

yes, they would change status after the marriage.

There should be no obstacle based on the new supreme court case. Since it just came down, no DOS and USCIS have not issued any guidance yet, but there is no longer any legal basis to deny.
Judith
Customer: replied 4 years ago.

Thanks Judith - my primary concern is the requirement of a Marriage Certificate from the Department of Births, Deaths and Marriages (an Australian body - same sex marriage is not permitted in Australia). Is this going to be an issue?

I'm not sure how the Marriage Certificate is coming from Dept of Births, Deaths and Marriages in Australia if they are marrying in NY?

Judith
Customer: replied 4 years ago.

I'm referring to this page:


 


http://canberra.usembassy.gov/e3visa/dependents.html


 


and the "how do I demonstrate that I qualify for an E-3D (dependent) visa" section

Why are you going to AU to apply for the E-3D?

Judith
Customer: replied 4 years ago.

We wouldn't, we'd probably do it in either canada or the UK (assuming it has to be done outside of the US)

That was the website for the US Embassy in AU saying that a Marriage Cert from AU will not be recognized for a same sex marriage because the US does not recognize same sex marriage!
If you get married in the US then the US Embassy will recognize a US marriage certificate now based on last weeks Supreme Court ruling.
It won't matter for a Brit applying in UK for a visa that AU doesn't recognize the marriage. All that matters to get a US visa is that the US recognizes the marriage.
Judith
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