Greencard for a gay partner???

[Summer75 16]

Hi all!!!

I have a very special question someone asked me and I did not know what to answer

There is a couple, one is from Chile, the other one is US citizen. The american guy studied his career down there in Chile, they met each other there, fell inlove and now they have a long-distance relationship. The chilean guy lives in Chile and the american guy, moved here last year when he finished his career. The chilean guy just got here with a Tourist visa, he leaves next month. They want to know... (apparently relationship is getting stronger, both met already the inlaws lol) if there is anyway the chilean guy can move here to USA, when the chilean guy finishes his career of course to get married etc. Is there anyway a gay couple can do this process or not? I know there are some states where Gay Marriages are legal. Any advices???

B-)

Thank you!!!!

[CC90 90]

State law does not apply in these cases. DOMA stipulates that same-sex marriages are not recognized by the federal government. Consequently, there is no way to petition for a green card or other immigrant benefit based on their relationship.

[Ryan H 3,812]

No, there are no provisions in current immigration law that allow for the petitioning of a same-sex partner for an immigration benefit to the US.

Edited February 7, 2012 by Ryan H

[SunnySanDiego 17]

No it would not be an option in the US.

[Summer75 16]

Thank you so much for your quick answer...

But... what if the chilean guy comes here for college, and during those years, get married here, in a State where gay marries are legal, still no way to get a greencard??? In this case they wouldn´t have to do the process while he is in his country?? Just wondering...

[sciencenerd 56]

Sadly, not yet. Hopefully that'll change as court cases make there way through the system, but as of yet, there are no marriage-based petitions allowed for same-sex couples even if they are legally married. You can refer them to Immigration Equality, who can help them figure out if any other options may be available to them.

[NY_BX 397]

Thank you so much for your quick answer...

But... what if the chilean guy comes here for college, and during those years, get married here, in a State where gay marries are legal, still no way to get a greencard??? In this case they wouldn´t have to do the process while he is in his country?? Just wondering...

Unfortunately no. They can get married, but he can't AOS.

[Boiler 45,527]

There is a whole alphabet of visa's, just ignore the Marriage ones.

Does Chile recognise Gay relationships for immigration purposes?

[Summer75 16]

IT is really heartbreaking.... Gay people love as hetero people and I personally think they should have the same rights....

This is really sad..... really sad... at least for hetero couple, no matter what, there is a light at the end of the tunnel, not for them.... Sad sad sad!!!

:cry: :crying: :(

[SunnySanDiego 17]

This breaks my heart and is so unfair.

Edited February 7, 2012 by SunnySanDiego

[Summer75 16]

There is a whole alphabet of visa's, just ignore the Marriage ones.

Does Chile recognise Gay relationships for immigration purposes?

No, Chile does not...

I guess they will have to live in Chile, anyway is a very beautiful country

:yes: :yes:

[Boiler 45,527]

A Happy Ending!

[ceadsearc 516]

Unfortunately, no. He could still look into a student visa if that appeals to him, and hope federal law changes in that time. Or consider a work visa, depending on what qualifications he has.

[chrissbe17 3]

So sad! I hope things change soon, everyone should have the same opportunities!

[Robert&Karen 264]

I know of a quasi-similar case. The American adopted the immigrant as his son and got him here that way.