Will same-sex marriage effect my ability to get a visa?

[Laurabot 0]

I'm currently a phd student with a F1 visa (I don't know if relevant but I've previously had a J1 also). My partner already has a phd and holds a H1b visa and has a postdoctoral training position in academia. We are both UK nationals hoping to eventually permenantly reside in the US. We were planning to get married (in a state where it is legal) before I graduate and apply for F1 OPT then eventual H1b. I am aware that same sex marriage is not federally recognized therefore marriage will give us no immigration rights. My question is, if we get married before I finish my phd will this effect my ability to get another visa? I was perhaps being naive and thought it would not since I have been educated in the US and would be able to get a job and the visa that comes with it on my own merit without including my partner in the process. I have since been told by a representative at my school that I would be committing immigration fraud by saying I was single on my application (since my marriage will not be federally recognized) when I have a marriage licence issued by a US state and my main reason for wanting to remain the the US is my partner who is further along in the journey to becoming a full time resident.

Thank you for any info you may be able to provide

[Tim/Mav 305]

I really don't know if the relationship is considered Fraud. If your Gay, your Gay.

A topic like this is Rare and I'm left "Spellbound".

I believe you are correct that International Gay Marridge is not Acceptable in any case. I don't see Fraud if your honest. But I don't see Citizenship/Approval for any such Petition as far as I know.

[Penguin_ie 5,993]

Hrmm.. Interesting question. I don't think it will affect your ability to get a work/ study visa, but in your situation, I would probably put myself down as "married" and then add a short letter of explanation.

[Tim/Mav 305]

Hrmm.. Interesting question. I don't think it will affect your ability to get a work/ study visa, but in your situation, I would probably put myself down as "married" and then add a short letter of explanation.

There not married. I don't think it will be legally justified no matter what State allows Gay Marridge. To write down Married on a Form is Fraud. Even if one party is a Permanent Resident/USC. I don't think USCIS will reconize the Marridge.

[Penguin_ie 5,993]

There not married. I don't think it will be legally justified no matter what State allows Gay Marridge. To write down Married on a Form is Fraud. Even if one party is a Permanent Resident/USC. I don't think USCIS will reconize the Marridge.

You are correct, USCIS will definitely not recognise the marriage for immigration purposes. However, they are legally married where they live, and so I think they need to declare this, as doing otherwise could be fraud too- it could matter, for example, regarding household size on the I-864.

[sciencenerd 56]

It works to your benefit that your fiance is not a US Citizen and, furthermore, is a citizen of the same country as you. If you married a US Citizen, immigrant intent is often assumed, but marrying another citizen of your home country may not be taken that way. As far as whether to mark married or not, this is something that has come up numerous times at POE at least. Do you say "no" since USCIS doesn't recognize your marriage regardless or "yes" because you are, in fact, married? Also, as immigration is a long road, laws may change in time for you to eventually be able to get immigration benefits through your marriage and you certainly don't want to look like you were not forthright. I would recommend contacting Immigration Equality and asking them what they'd recommend. They are the experts in issues like this and will be aware of potential consequences either way. Good luck with your immigration journey as well and congrats on your upcoming marriage.

Edited March 4, 2012 by sciencenerd

[sciencenerd 56]

It works to your benefit that your fiance is not a US Citizen and, furthermore, is a citizen of the same country as you. If you married a US Citizen, immigrant intent is often assumed, but marrying another citizen of your home country may not be taken that way. As far as whether to mark married or not, this is something that has come up numerous times at POE at least. Do you say "no" since USCIS doesn't recognize your marriage regardless or "yes" because you are, in fact, married? Also, as immigration is a long road, laws may change in time for you to eventually be able to get immigration benefits through your marriage and you certainly don't want to look like you were not forthright. I would recommend contacting Immigration Equality and asking them what they'd recommend. They are the experts in issues like this and will be aware of potential consequences either way. Good luck with your immigration journey as well and congrats on your upcoming marriage.

I just poked around the Immigration Equality website to a link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5a87338dc3d19210VgnVCM100000082ca60aRCRD&vgnextchannel=994f81c52aa38210VgnVCM100000082ca60aRCRD

Here is the relevant quote:

Q. When marital status is not relevant to the benefit being sought, how should same sex married couples complete USCIS forms (i.e. should they mark married or single)?

A. USCIS is looking into this issue and will provide a response as soon as possible.

Well, that's helpful, isn't it? /sarcasm

[Laurabot 0]

I just poked around the Immigration Equality website to a link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5a87338dc3d19210VgnVCM100000082ca60aRCRD&vgnextchannel=994f81c52aa38210VgnVCM100000082ca60aRCRD

Here is the relevant quote:

Q. When marital status is not relevant to the benefit being sought, how should same sex married couples complete USCIS forms (i.e. should they mark married or single)?

A. USCIS is looking into this issue and will provide a response as soon as possible.

Well, that's helpful, isn't it? /sarcasm

I've never come across the Immigration Equality organization before (outside science I must be a terrible researcher haha) and in such a short space of time its already proven to be a great resource. Thank you for your help every little helps in frustrating situations like this.