What states must I choose from?

[stebbinsd 0]

Regulars may know that I've fallen in love with a transsexual (I understand that's supposed to be pejorative, but, legally speaking, Filippina baklas are classified as transsexuals).

I understand that, according to an appeal made by Jose Lovo-Lara ruled that a MTF transsexual can get a fiance visa sponsored by a natural man if the state in which the sponsor lives will recognize the change of legal gender. Here's some reading material for you.

http://www.aila.org/content/fileviewer.asp...p;linkid=206542

As I do research, I find that most states don't allow gender changes on the birth certificate unless the person was born in that state! California (of all states) is one of them. Forget being born in that state; she's not even born in this COUNTRY!

What states can I choose from, that would recognize our marriage for the purpose of getting a fiance visa?

Thanks.

[canadian_wife 1,822]

As I posted before, your questions are, I believe, beyond the assistance of the layperson. You should really consult a lawyer before you proceed with this. I suspect you're dealing with complicated case law.

Good luck.

[stebbinsd 0]

Oh, I never, not once, denied that this issue was complicated (and believe me, I have a tendency to put a LOT of legal issues into black and white).

I was just hoping that someone, anyone, could give me even an inkling of an answer.

[NigeriaorBust 4,087]

You need to look for states that allow same sex marriages. They change all the time . Today they are New Hampshire, Connecticut, Iowa, Massachusetts and Vermont, marriages for same-sex couples are legal and currently performed.

In Washington, D.C., same-sex marriages could begin as early as February, 2010.

[Krikit 1,164]

Moving from K-1 Process to General Immigration Discussion.

[stebbinsd 0]

You need to look for states that allow same sex marriages. They change all the time . Today they are New Hampshire, Connecticut, Iowa, Massachusetts and Vermont, marriages for same-sex couples are legal and currently performed.

In Washington, D.C., same-sex marriages could begin as early as February, 2010.

I once considered that at first, too. After all, the only reason her legal gender is relevant in the first place is because of heterosexual marriage laws. The topic of her legal gender would become a moot point if gay marriage were legalized nationwide.

However, keep in mind that, prior to the 2005 BIA decision, the USCIS used DOMA as their standard with which to deny transsexuals the right to any kind of K visa. If I go to some state where gay marriage is legal, I'm afraid they might then go back to the policy they used before Lovo-Lara, at which point, I'd be screwed.

I'd rather find a state where the Lovo-Lara decision WILL apply, no ifs, ands, or buts. Better safe than sorry.

I know for a fact that North Carolina would work, so I can always go there as a last resort, but couldn't I find a state a bit closer to my own (Arkansas)? Remember, I asked, what states can I CHOOSE from?

Edited January 31, 2010 by stebbinsd

[canadian_wife 1,822]

Lovo-Lara only applies of the transgendered is a US born citizen who has undergone fully changing the sex and the birth certificate has been officially changed to reflect the new legal status. It does not apply to citizens of other countries, as far as I can read

Same sex marriage is not recognized by USCIS - regardless of where the marriage may occur (including states or countries that have legalized same-sex marriages). You cannot petition for a same sex partner. USCIS has been clear on this. Is your partner legally a female in her home country?

I am not a lawyer, Laruel Scott - who is one - offers a free chat on wednesdays scottimmigration.net. She'll know what you need to do

[stebbinsd 0]

Lovo-Lara only applies of the transgendered is a US born citizen who has undergone fully changing the sex and the birth certificate has been officially changed to reflect the new legal status. It does not apply to citizens of other countries, as far as I can read

Then, perhaps you should read closer, on page #4, in section B (which is bolded for emphasis).

Same sex marriage is not recognized by USCIS - regardless of where the marriage may occur (including states or countries that have legalized same-sex marriages). You cannot petition for a same sex partner. USCIS has been clear on this. Is your partner legally a female in her home country?

Again, read the article I gave you very thoroughly. There's pertinent information there.

[Anh map 2,098]

Then, perhaps you should read closer, on page #4, in section B (which is bolded for emphasis).

Again, read the article I gave you very thoroughly. There's pertinent information there.

Your responses to persons offering opinions/comment are very odd. You attack when they offer advice without making any judgements.

I understand that this is an emotional issue for you. Just as it is for any person trying to navigate the immigration laws.

The suggestion made earlier to consult a qualified immigration attorney does seem to be the best course as this seems to be a part of family immigration law that will be redefined going forward.

Best of luck to you. Please don't alienate the folks trying to offer help. You will only be left with posts that judge you and your SO.

[VanessaTony 3,567]

Regulars may know that I've fallen in love with a transsexual (I understand that's supposed to be pejorative, but, legally speaking, Filippina baklas are classified as transsexuals).

I understand that, according to an appeal made by Jose Lovo-Lara ruled that a MTF transsexual can get a fiance visa sponsored by a natural man if the state in which the sponsor lives will recognize the change of legal gender. Here's some reading material for you.

http://www.aila.org/content/fileviewer.asp...p;linkid=206542

As I do research, I find that most states don't allow gender changes on the birth certificate unless the person was born in that state! California (of all states) is one of them. Forget being born in that state; she's not even born in this COUNTRY!

What states can I choose from, that would recognize our marriage for the purpose of getting a fiance visa?

Thanks.

I read your document extensively. Here's what I found:

1. There is a lot of discussion regarding POST-operative transexuals, or transexuals at least on medication etc to change.

2. She will require proof of her change, hormones she's on, operation details etc

3. Page 2 states that USCIS must recognise it if the state they marry in recognises it. It's important to note that while she is legally a she, the state must RECOGNISE the change.. it's not just a "normal" marriage even with the change, it's a transgendered marriage, not a gay or straight marriage. (page 3 discusses this a bit more)

4. Page 5 specifically mentions SPOUSE and that the state of marriage recognised the marriage. i think the issue is you need to be married especially if you aren't LIVING in the state the recognises it.. otherwise how do they KNOW your going to follow the specific case law

5. The majority of information mentions spouse but there is a mention of "to BE married" on page 5, 1, part c.

Page 5, part 3 discusses a good example of what you need and what someone used for it to be accepted.

Here's a firm that deals with this a lot: http://www.zneimerlaw.com/lawyer-attorney-1449354.html

Here's some info too: http://etransgender.com/viewtopic.php?f=1&t=74

I tried to find a list of states that permit transsexual marriage but haven't had any luck sorry. You might have to search state by state.

Your in for an uphill and expensive battle by looks of it and even the document you provided stated that it's unlikely it will be permitted but that it clear cut cases (changed birth certificate) the chances were better. Good luck!

Edited February 1, 2010 by Vanessa&Tony

[gene and mai 0]

I read your document extensively. Here's what I found:

1. There is a lot of discussion regarding POST-operative transexuals, or transexuals at least on medication etc to change.

2. She will require proof of her change, hormones she's on, operation details etc

3. Page 2 states that USCIS must recognise it if the state they marry in recognises it. It's important to note that while she is legally a she, the state must RECOGNISE the change.. it's not just a "normal" marriage even with the change, it's a transgendered marriage, not a gay or straight marriage. (page 3 discusses this a bit more)

4. Page 5 specifically mentions SPOUSE and that the state of marriage recognised the marriage. i think the issue is you need to be married especially if you aren't LIVING in the state the recognises it.. otherwise how do they KNOW your going to follow the specific case law

5. The majority of information mentions spouse but there is a mention of "to BE married" on page 5, 1, part c.

Page 5, part 3 discusses a good example of what you need and what someone used for it to be accepted.

Here's a firm that deals with this a lot: http://www.zneimerlaw.com/lawyer-attorney-1449354.html

Here's some info too: http://etransgender.com/viewtopic.php?f=1&t=74

I tried to find a list of states that permit transsexual marriage but haven't had any luck sorry. You might have to search state by state.

Your in for an uphill and expensive battle by looks of it and even the document you provided stated that it's unlikely it will be permitted but that it clear cut cases (changed birth certificate) the chances were better. Good luck!

[gene and mai 0]

whoops didnt mean to copy the other post. Is His/Her Testicals and ####### removed? I wonder if that would help? Federal law does not allow Gay's to marry ( And if my vote counts it never will } This is Gene not Mai btw. So go get the stuff cut off and maybe He can pass as a She. Unless you want that stuff to remain intact. If your gay and im assuming you are. You probably want to keep it right? He probably does too ouch!!!

[jundp 191]

whoops didnt mean to copy the other post. Is His/Her Testicals and ####### removed? I wonder if that would help? Federal law does not allow Gay's to marry ( And if my vote counts it never will } This is Gene not Mai btw. So go get the stuff cut off and maybe He can pass as a She. Unless you want that stuff to remain intact. If your gay and im assuming you are. You probably want to keep it right? He probably does too ouch!!!

He is a "she." The OP is not gay, he is in love with a transgendered person.

There's a bit more to this than 'getting the stuff cut off.'

[gene and mai 0]

He is a "she." The OP is not gay, he is in love with a transgendered person.

There's a bit more to this than 'getting the stuff cut off.'

yeah like take some estrogen so you can develope female caracteristics. right? um what more is there if your an expert on the subject. Btw my fiance is from the philippines and the word he used for transgendered is a term they use for gay guys that dress and act like women. He/She is not female. That being said, if hes in love with Him i would call that a homosexual reationship. If you dont oh well. I will just finish by saying if you want your lover to come and be with you. I dont think the fiance visa route is the way. If he can get hear on a different type of visa you can get married in a state that allows it. Then maybe you could AOS that way IDK. I dont know if you can chage your gender on a birth certificate in the philippines. My fiance doesnt think you can.