Sam sex marriage and green card

[anya-D 8]

This is for a friend, really

I just learn that my friend who is from Thailand (on J-1 visa, I think) is getting engaged to her girl friend. I was happy for her but then also was quite confused actually so I asked her where would they live and she said she will stay here, thinking that her partner could apply for the GC for her.

I havnt been in the immigration world for so long but I know that same sex marriage does not count as marriage by USCIS, is that still the true? Has anything change?

I just want to make sure I didnt miss anything and I tell her the correct info.

Thanks.

[Harpa Timsah 13,258]

You cannot get a GC based on a same-sex marriage. It is a hot issue right now for lawmakers. Some are working to overturn that rule. But for now, that's what it is.

[newlyweds2010 208]

Correct, same-sex marriage does not allow to file for adjustment of status. They are talking about changing the law, but as of now she cannot obtain a green card based on her marriage.

[caly 48]

Unfortunately, DOMA has not yet been repealed. The Supreme Court is supposed to make it's final decision regarding the constitutionality of DOMA later in June this year though.

Sorry about your friend's situation.

[hmh33 117]

They should contact J Craig Fong who specializes in immigration cases involving same-sex couples. I think he gives a free initial consultation. There's no direct path to a green card on the basis of their marriage at the moment, but there may be other options available, and J is good at finding them.

[sciencenerd 56]

I recommend looking into Immigration Equality. They have pro bono legal help and tons of resources. I hope your friend and her fiancee are able to find a way to stay here together. DOMA may very well be struck down by the Supreme Court, which would change things considerably.

Edited May 8, 2013 by sciencenerd

[anya-D 8]

Thank you all so much. I did my own research and it also tell me that much too... but I want to make sure I got the info from everywhere.

Thank you. It's sad for them. but at least they know now while her J-1 is still good and might be able to find other way.

-A

[JohnR! 5,495]

Thank you all so much. I did my own research and it also tell me that much too... but I want to make sure I got the info from everywhere.

Thank you. It's sad for them. but at least they know now while her J-1 is still good and might be able to find other way.

-A

If at all possible, she should hold on to her J-1 until the SCOTUS rule on DOMA. Chances are it will be struck down, therefore opening new avenues in immigration.

[Morningmist 76]

Yeah marriage is a state issue and immigration is a federal issue. Even if she gets married in one state, other states will not recognize the marriage. Sometimes I feel like people don't think these things through at all. Esp. since mobility is so high here in America, you would think marriage would be a federal issue.

[ddkorestin 10]

i believe this will change in near future but for now, the answer is noooooooooooooooooooooooooooooooooooooooooo