Same Sex Spouse - Visa

[Frankie19 1]

Greetings,

In reading the information for spousal visas, gender is not mentioned, only that the marriage be legal in country that the marriage took place.

Same sex marriage is federally recognized in Mexico if the marriage occurred in DF and Quintana Roo. I am sure that someone has attempted to file in the US to challenge the process.

Any words on how this is going? I am hoping that it Obama is re-elected, he'll smash the DOMA, but in the mean time what is immigration doing with applications?

Cheers!

[Anh map 2,098]

Currently same sex couples are not eligible for fiance(e) or spouse visa petitions no matter where the marriage took place.

[Wally G! 58]

Under the Defense of Marriage Act, same-sex partners are not eligible for K-1 visas, even those with petitioners from states that otherwise allow same sex partners to marry. However, a 2005 decision ruled that transsexuals, such as Thai kathoeys and Filipina baklas can get fiancé visas sponsored by the sex of their pre-op gender, so long as that sponsor lives in a state where the transsexual marriage will be recognized as heterosexual.

[Gary and Alla 3,694]

Greetings,

In reading the information for spousal visas, gender is not mentioned, only that the marriage be legal in country that the marriage took place.

Same sex marriage is federally recognized in Mexico if the marriage occurred in DF and Quintana Roo. I am sure that someone has attempted to file in the US to challenge the process.

Any words on how this is going? I am hoping that it Obama is re-elected, he'll smash the DOMA, but in the mean time what is immigration doing with applications?

Cheers!

Yes they have. A Vermont/Quebec lesbian married couple has filed a suit aginst the federal government/DOMA, it was recently covered in our local newspaper, in an attempt to obtain a CR-1 visa. They had filed an I-130 and it was denied. The Federal government does not recognize same sex marriage and DID NOT before the DOMA (which is fairly recent) Eliminating the DOMA would need to be followed by the passage of an Act, at minimum, or an amendment to recognize same sex marriage on the Federal level.

Such a lawsuit could last for years, of course.

[Frankie19 1]

Thanks for the input! Crazy making that this is an issue.

[Laure&Colin 558]

Think about it this way: a petition to bring in a foreign spouse is adjudicated by a federal agency, so as long as same sex marriage is not recognized as valid at the federal level, they won't approve such petitions.

[sciencenerd 56]

A lawsuit was filed in April with five couples as plaintiffs. It will take a long time for it to go through, but I'm optimistic that it will ultimately be successful (although I think it's also likely DOMA will be repealed or struck down before this case makes it up to the supreme court). There are many anti-DOMA lawsuits in the pipeline and one of them will make it to the Supreme Court so they can finally verify that "all men are created equal" actually includes everyone. Immigration Equality is the organization helping with the lawsuit and they have a page dedicated to updates: http://www.immigrationequality.org/lawsuit/. Good luck.

[Ban Hammer 13,445]

one post that adds nothing to the conversation removed.

[lynndy38 64]

I had NO idea that same sex couples did not qualify for the K1/CR1 visa route and Im so angry at that fact.....there must be people challenging this???

My friend has just returned from the US and is just as heartbroken as I am and everyone else here at having to leave their loved one behind,yet they have very few choices other than to just holiday together at the moment. Why cant people just live and let live?

The government seem happy to take the taxes off gay/lesbian people and expect them to abide by the laws of the States and land yet treat them like second class citizens......disgusting.

[JohnR! 5,495]

I had NO idea that same sex couples did not qualify for the K1/CR1 visa route and Im so angry at that fact.....there must be people challenging this???

My friend has just returned from the US and is just as heartbroken as I am and everyone else here at having to leave their loved one behind,yet they have very few choices other than to just holiday together at the moment. Why cant people just live and let live?

The government seem happy to take the taxes off gay/lesbian people and expect them to abide by the laws of the States and land yet treat them like second class citizens......disgusting.

Several same-sex couples are, and in the most recent past the Commonwealth of Massachusetts challenged DOMA in two instances, and have won in Federal Courts.

The Constitutionality - or lack thereof - of DOMA is going all the way to the SCOTUS, which is expected to rule and strike it down, based on the X Amendment. It will most likely be a 5-4 ruling with Antonin Scalia being the tie-breaker.

For the time being, same-sex couples will have to wait a little longer for their visas or be creative in the meanwhile.

Edited September 4, 2012 by Gegel

[lynndy38 64]

Im glad to hear theres hope......I just feel so bad for my friend I was going to point them here but there doesn't seem to be any point now. Life can be so unfair can't it.*Sigh.

[JohnR! 5,495]

Im glad to hear theres hope......I just feel so bad for my friend I was going to point them here but there doesn't seem to be any point now. Life can be so unfair can't it.*Sigh.

It is only a matter of time. It will happen eventually but it must walk its way up the legal ladder.

Are they both stateside? If they are, they can still apply, wait to be denied, which will happen, and file a lawsuit, so that the foreign partner can stay legally in the US while their suit is pending and until the SCOTUS rule on the matter.

It is not an inexpensive proposition and it is not without stress either, but someone has got to put up the good fight. They will need a lawyer so that certain steps of the process are observed in order to make the lawsuit stick in court. In addition they can look up LGBT groups and see if there is a class action suit challenging DOMA in which they could participate.

Edited September 4, 2012 by Gegel

[lynndy38 64]

Thankyou so much for this information, my friend returned from the US yesterday in bits at having to leave. When everythings calmed down I'll ask what their intentions are and suggest what you said......thankyou