J2 and same-sex relationship

[pandalove]

Hello, everyone

I have a few questions about visa issues:

I have been in a relationship for a few years now and I intend to bring my boyfriend along (we would get married in our home country so that he would be able to apply for an F2/J2). Has anyone had any experiences, applying for an F2/J2 and being in a same-sex relationship, or maybe heard of anyone who’s had such experiences? Would we be treated just like any other couple or could we have problems?

 

My other concern is related to employment authorization. My boyfriend / spouse-to-be does not have a university degree, so he would have to apply for jobs that do not require a university degree – such as catering, working as a waiter, salesperson, etc – just so that he doesn’t get bored to death and maintains a certain level of financial independence from me. What is the probability of getting a work authorization as a J2 if you don’t have a degree? I ask this because I would rather not apply for a J1 so that he could get a J2 if there really isn’t that much of a chance of getting an employment authorization (I don’t wanna run the risk of being under the 2-year requirement for no good reason).

[TakeruK]

I don't have experience with same-sex relationship. Currently, the law of the land is that if you are recognized as a married couple in your home country, this will be recognized by US immigration for F1/F2 and J1/J2 purposes. This law may change in the future, given that the President that enacted this law is very different than the current President. Sorry to not be more helpful.

As for employment authorization, there is no criteria on what kind of employment or qualifications your J2 spouse has. This is not a factor in determining J2 employment authorization eligibility. I can also answer more specific questions about the process if you have them (feel free to send personal details via PM). I am on J1 for the same reason as you are considering---so that my J2 spouse can work.