Just curious if a gay can petition for a gay benificiary

[Justine+David 218]

I don't have anything to contribute here but that I'm sorry your friends are going through this

I wonder what USCIS thinks of intersex folks...those without XY or XX genes, but genes like XXX or XYY, XXY, etc.

[VanessaTony 3,567]

I don't have anything to contribute here but that I'm sorry your friends are going through this

I wonder what USCIS thinks of intersex folks...those without XY or XX genes, but genes like XXX or XYY, XXY, etc.

I believe it's what's on the birth certificate that matters.

Edited February 12, 2010 by Vanessa&Tony

[doghandler 2]

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.

Thank you and Audy Rob for your valuable informative input.

My friend's UK partner now understands he has no choice but put all effort into going down the investor visa route $1million (out of the question, he is not Donald Trump) to raise or $500,000 (which is achievable for him with massive effort and personal sacrifice) if he is prepared to set up business and hire USC's in a high unemployment area.

If this isn't an example of the extent someone will go to in the name of love, legal immigration and determination to be an honorable human being in one's life time, then nothing is.

[Brad&Ameq 0]

Your not able to at this time. I do however find it weird, I'm not able to disclose much. But someone has petitioned for their partner, and it was actually approved with USCIS. DOES NOT MEAN THEY WAS ISSUED A VISA. But it was approved. Anyone got $500 to play around with?

I'm really sorry to hear this, I think its unfair myself and I work with people in the immigration process.

When they do any man from the UK want a green card? LOL

Edited February 12, 2010 by Cisexpert

[sachinky 465]

Marriage falls under the domain of the individual state, whereas immigration is a federal issue.

[Lorenzoid 12]

As I understand it, this is exactly the sort of scenario that the federal Defense of Marriage Act (a Bush-era law) was enacted to preclude. The Defense of Marriage Act (DOMA) states that for federal government purposes, marriage is defined as the union between one man and one woman. States are free to enact whatever laws they want regarding marriage--the DOMA recognizes that--but the DOMA means that the federal government is not required to recognized homesexual unions as marriages. What this means is that wherever in federal statutes the word "marriage" may appear, the federal government can take the position that the statute does not apply to a homosexual union. I haven't read the immigration law articles that someone cited above--I'm sure they're interesting reading--but my guess is that the conclusion is that the USCIS will not recognize a same-sex petitioner as being eligible, due, if for no other reason, to the effect of the DOMA. To petition for a K-1, the petition has to be able to legally marry the beneficiary, and although one could argue that this can be done in some states, I have to believe that the federal government (USCIS) would not recognize the result as a legal marriage, so the USCIS would not recognize the K-1 petition. I believe the constitutionality of the DOMA has been called into question, so it's anyone's guess if the Supreme Court or Congress will change this state of affairs in the future.

[Krikit 1,164]

Moving from Bringing Family Members of US Citizens forum to the General Immigration Discussion.

[doghandler 2]

As I understand it, this is exactly the sort of scenario that the federal Defense of Marriage Act (a Bush-era law) was enacted to preclude. The Defense of Marriage Act (DOMA) states that for federal government purposes, marriage is defined as the union between one man and one woman. States are free to enact whatever laws they want regarding marriage--the DOMA recognizes that--but the DOMA means that the federal government is not required to recognized homesexual unions as marriages. What this means is that wherever in federal statutes the word "marriage" may appear, the federal government can take the position that the statute does not apply to a homosexual union. I haven't read the immigration law articles that someone cited above--I'm sure they're interesting reading--but my guess is that the conclusion is that the USCIS will not recognize a same-sex petitioner as being eligible, due, if for no other reason, to the effect of the DOMA. To petition for a K-1, the petition has to be able to legally marry the beneficiary, and although one could argue that this can be done in some states, I have to believe that the federal government (USCIS) would not recognize the result as a legal marriage, so the USCIS would not recognize the K-1 petition. I believe the constitutionality of the DOMA has been called into question, so it's anyone's guess if the Supreme Court or Congress will change this state of affairs in the future.

It's a total non starter for any gay relationship and probably won't change in our lifetimes.

If there is anyone on this site with any knowledge/first hand experience of the investor visa process, I would be most grateful. I'm not holding my breath here guys, I don't think the likes of Bill Gates lurk here!

[Rob and Jill 82]

I believe it's what's on the birth certificate that matters.

Which is unfortunate given that in MOST cases where child is born with both types of sexual organs, most parents "chose" the wrong sex for their child. Now the child can be genetically tested in advance to find out if they are genetically male or female.

Sorry I watch too much Discovery Channel... XD

[AandD 20]

wow...i never even thought of that question. that's an interesting question. I myslef do not know the answer but perhaps someone can help you. God Bless!