Just curious if a gay can petition for a gay benificiary

[HandA 2]

Guys and gals,

Brace yourselves, this does not have anything to do with me or with anyone I know. I am just curious how USICS woiuld handle it if a gay person petitions for a K1 visa for his/her gay beneficiary. I know legally one can not discriminate agains gays, but I am wondering if the applicant would be treated with less or more attention... Hey I am suffering from Cabin Fever and I need some food for my thought!

Thanks,

[Y's_habibitk 2]

They cant. USCIS is prohibited from recognizing same sex marriage for the purpose of receiving federal benefits(immigration)

[~Johnny~ 27]

Wouldn't it depend on if you are able to legally marry in your state? I think that's only one SMALL hurdle as the big hurdle would be the embassy consulates and how they would view the beneficiary during the interview.

Edited February 11, 2010 by duplantisjj

[that_girl 9]

Guys and gals,

Brace yourselves, this does not have anything to do with me or with anyone I know. I am just curious how USICS woiuld handle it if a gay person petitions for a K1 visa for his/her gay beneficiary. I know legally one can not discriminate agains gays, but I am wondering if the applicant would be treated with less or more attention... Hey I am suffering from Cabin Fever and I need some food for my thought!

Thanks,

I'm pretty sure they don't currently allow people to submit visa petitions for same sex partners. I suppose there would need to be some legal recognition of same-sex unions by the feds before that's a possibility. Hopefully it will be a part of the immigration reform they've touted now and again from up on the Hill. I'm sure it will be years in process, though...

Edit: Wow! Three simultaneous posts?! Crazy...

Edited February 11, 2010 by megger

[DanielParul 50]

Unfortunately not yet. Maybe that will change in the future.

[doghandler 2]

Guys and gals,

Brace yourselves, this does not have anything to do with me or with anyone I know. I am just curious how USICS woiuld handle it if a gay person petitions for a K1 visa for his/her gay beneficiary. I know legally one can not discriminate agains gays, but I am wondering if the applicant would be treated with less or more attention... Hey I am suffering from Cabin Fever and I need some food for my thought!

Thanks,

I don't have the answer, but was about to post the same question on behalf of friends (strangely!). Am hoping the clever people on here may know. Sorry if I am high jacking this, but wouldn't want to start another post on the same subject.

My best friend is a USC from California who has lived legally in the UK for about 20 years. He has been with his partner for about 15 years and have the most enviable. monogamous, perfect, loving "marriage", even though they have not done the UK civil ceremony thing. His mother, who lives in California on her own is getting on, recently broke her hip, and being the good son that he is, he wants to return to the States to take care of her in her old age. As we understand it, homosexuals cannot petition to bring their partners on K1 or any other spouse based visa. And so he is now in a horrible emotional torn state. Mother or partner. Who would want to be in his shoes. It's heartbreaking.

How can his partner apply legally? If they sold up their lives here lock, stock and barrell, they would have around $200,000, but as I understand it, that is not enough to do the investor visa which requires $500,000 (or is it a million!) investment and have to employ 10 people in a high unemployment area? Does anyone know of any other way? Or is it as we think, a total non-starter?

Thanks in advance for any thoughts/advice.

[~Johnny~ 27]

I just wikipedia'd same sex K1...(yeah..I'm bored)..and it says not at this time. The Defense of Marriage Act does not allow it in K1 Visa process.

Wikipedia K1 definition

[HandA 2]

They cant. USCIS is prohibited from recognizing same sex marriage for the purpose of receiving federal benefits(immigration)

Oh, wow!!! See, I didn't know that... I thought if one was in a state where SSM was legally recognized, USCIS would treat that application just like a normal petition. But what you are saying is that USCIS would deny this application becasue of some federal funds? Wouldn't this be considered as a discrimination?

Thanks,

HandA

[VanessaTony 3,567]

They cant. USCIS is prohibited from recognizing same sex marriage for the purpose of receiving federal benefits(immigration)

Ditto.

What the state says is irrelevant (unlike with transgender apparently but that's a whole other story)

Unfortunately you CANNOT get a same sex visa for America.

Perhaps he could obtain a work visa? A student visa?

**Moving to "Bringing Family Members of US Citizens to America" as this isn't for K1 and perhaps the OP can get some good advice from people getting other family members to the US**

Edited February 11, 2010 by Vanessa&Tony

[Gary and Alla 3,694]

Guys and gals,

Brace yourselves, this does not have anything to do with me or with anyone I know. I am just curious how USICS woiuld handle it if a gay person petitions for a K1 visa for his/her gay beneficiary. I know legally one can not discriminate agains gays, but I am wondering if the applicant would be treated with less or more attention... Hey I am suffering from Cabin Fever and I need some food for my thought!

Thanks,

They will deny it. The Federal government does not recognize same sex marriage.

Oh, wow!!! See, I didn't know that... I thought if one was in a state where SSM was legally recognized, USCIS would treat that application just like a normal petition. But what you are saying is that USCIS would deny this application becasue of some federal funds? Wouldn't this be considered as a discrimination?

Thanks,

HandA

The federal government cannot tell states what to do regarding marriage. They CAN refuse to recognize it and refuse to issue a visa. States don't issue visas, and therein lies the rub.

YES, it is discrimination. There is no federal law against discrimating against gay marriage, or homosexuals. Some states protect homosexual rights, the federal government does not. People think that discrimination is illegal...it is NOT. It is only illegal to discriminate for certain reasons. Sexual orientation is not on the federal list of "no-no's"

Edited February 11, 2010 by Gary and Alla

[Audy_Rob 26]

They cant. USCIS is prohibited from recognizing same sex marriage for the purpose of receiving federal benefits(immigration)

Actually, this is a very good topic. Just very recently, another member asked if he would be allowed to bring a post-op transsexual to the USA on a K-1. See this thread:

http://www.visajourney.com/forums/index.ph...;hl=transgender

There is a link somewhere to a paper published by a San Francisco attorney specializing in same sex and transgender immigration rights. Here is a link not to her legal article which I read but a link to very similar information:

http://www.immigrationequality.org/template.php?pageid=172

The BIA (board of immigration appeals) has overturned three denials by USCIS of denying a benefit to a transsexual. The Federal law does not give the prevailing guidance to USCIS. The BIA has continually overturned referring the USCIS back to the petitoner/beneficiaries ability to marry in their intended locale (state of residence) which someone else also correctly mentiond. The case law comes from Matter of Lovo-Lara:

http://www.justice.gov/eoir/vll/intdec/vol23/3512%20.pdf

Basically, if a state allows same-sex marriage such as Massachusetts and New Hamppshire (I think), then this might be the battleground case for a same-sex marriage. It is clear that Transsexual (Transgender) marriage alone is not a stumbling stone to USCIS granting an immigration benefit.

The only link I cannot find is directly to the SFO Attorney's good article on the matter. I will keep searching.

[doghandler 2]

Actually, this is a very good topic. Just very recently, another member asked if he would be allowed to bring a post-op transsexual to the USA on a K-1. See this thread:

http://www.visajourney.com/forums/index.ph...;hl=transgender

There is a link somewhere to a paper published by a San Francisco attorney specializing in same sex and transgender immigration rights. Here is a link not to her legal article which I read but a link to very similar information:

http://www.immigrationequality.org/template.php?pageid=172

The BIA (board of immigration appeals) has overturned three denials by USCIS of denying a benefit to a transsexual. The Federal law does not give the prevailing guidance to USCIS. The BIA has continually overturned referring the USCIS back to the petitoner/beneficiaries ability to marry in their intended locale (state of residence) which someone else also correctly mentiond. The case law comes from Matter of Lovo-Lara:

http://www.justice.gov/eoir/vll/intdec/vol23/3512%20.pdf

Basically, if a state allows same-sex marriage such as Massachusetts and New Hamppshire (I think), then this might be the battleground case for a same-sex marriage. It is clear that Transsexual (Transgender) marriage alone is not a stumbling stone to USCIS granting an immigration benefit.

The only link I cannot find is directly to the SFO Attorney's good article on the matter. I will keep searching.

We are reading, avidly.

It would appear to be trangender is slightly easier in terms of immigration than plain old gay. My friend is trying to laugh off the irony that the only way there would a slight chance he could move with his US "husband" from UK to US, would be to have the op, and live as a female.

Sincere thanks for your trouble. Much appreciated.

[SunDrop 59]

Edit: Decided that my post could be construed as a ToS breach, in making reference to how gay couples get 'around' the absence of federal laws supporting same-sex marriage in the US...

Edited February 11, 2010 by SunDrop

[Audy_Rob 26]

It would appear to be trangender is slightly easier in terms of immigration than plain old gay. My friend is trying to laugh off the irony that the only way there would a slight chance he could move with his US "husband" from UK to US, would be to have the op, and live as a female.

Transgender is easier where it is recognized such as Nebraska etc... Here is the link to the excellent article by a SF attorney but it is specific to marriage based immigration for Transsexuals.

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

It is not clear that same-sex marriage would easily fall into a similar category however if it is legal in a petitioner's state such as Massachusetts, the USCIS will need to look at the current precedents that have come from Lovo-Lara. Initially the BIA even believe DOMA overruled Lovo-Lara but that turned out to be incorrect. USCIS must determine only that they are eligible to marry in the state of residence.

Good luck to all people.

[Gary and Alla 3,694]

Actually, this is a very good topic. Just very recently, another member asked if he would be allowed to bring a post-op transsexual to the USA on a K-1. See this thread:

http://www.visajourney.com/forums/index.ph...;hl=transgender

There is a link somewhere to a paper published by a San Francisco attorney specializing in same sex and transgender immigration rights. Here is a link not to her legal article which I read but a link to very similar information:

http://www.immigrationequality.org/template.php?pageid=172

The BIA (board of immigration appeals) has overturned three denials by USCIS of denying a benefit to a transsexual. The Federal law does not give the prevailing guidance to USCIS. The BIA has continually overturned referring the USCIS back to the petitoner/beneficiaries ability to marry in their intended locale (state of residence) which someone else also correctly mentiond. The case law comes from Matter of Lovo-Lara:

http://www.justice.gov/eoir/vll/intdec/vol23/3512%20.pdf

Basically, if a state allows same-sex marriage such as Massachusetts and New Hamppshire (I think), then this might be the battleground case for a same-sex marriage. It is clear that Transsexual (Transgender) marriage alone is not a stumbling stone to USCIS granting an immigration benefit.

The only link I cannot find is directly to the SFO Attorney's good article on the matter. I will keep searching.

No. Federal law does not recognize same sex marriage as existing anywhere and does not require other states to honor same sex marriages from Vermont, massachusetts, etc. A post op transexual is another sex, it is not "same sex" marriage. what the BIA has said is that they do not care how the woman became a woman, but she is now "officially" a woman and can officially marry a man. No such distinction exists for same sex marraige.