Immigration Site

Hi there
We are a gay couple, both from the UK. My partner has H1B, I have extended B2 for the length of her H1B. This is the solution they had before the wonderful news today that DOMA will no longer be defended.
A regular spouse of H1B holder would get H4, but would still not be allowed to work.

Now that there is hope that we can be treated as a real married couple, my partners company can apply for her Green Card.
As a B1 holder, if she had applied I would have had to leave the country.

What status would I be as spouse of someone moving from H1B to Green Card, and how long does this take?
Can a spouse of someone moving in this way work?

Thanks for any help
Bahookie

The mere fact that the US government does not intend to defend DOMA in court does not mean it has been struck down, nor has USCIS created any procedures on how to handle same-sex partners. Nothing has changed - yet.

And keep in mind that you will need to have your marriage recorded by a government if USCIS changes its procedures when the law is struck down.

Premature hope, unfortunately for you.

DOMA is still an active law, and even before DOMA same-sex marriages were not recognized under immigration law. It will require more than the dropping of DOMA for same-sex couples to get immigration benefits. Regulations will have to be written to provide such benefits. And that wont happen with Republicans controlling the House.

My partner has H1B, I have extended B2 for the length of her H1B. She has less than 6 months remaining on her H1B? I hope you are aware that B2 status is granted for only 6 months maximum at a time, even if the B2 visa itself is valid for multiple years.

If you overstay the B2 by more than 180 days, you face being banned from the US for 3 or 10 years, even if immigration law starts to recognize same-sex marriages.