Supreme Court strikes down Defense of Marriage Act in win for gays

[Mr. Big Dog 10,747]

Any idea what this means for immigration benefits?

It means that married same sex couples are entitled to the same immigration benefits as marries opposite sex couples. And one does not even have to live in a same sex marriage state. You can marry overseas in a same sex marriage country and then file for immigration benefits for your spouse. You should be able to do that even if you are a Texas or Louisiana or Alabama resident.

Beauty of it is that you do not depend on your state of residence to recognize your marriage - only the federal government needs to honor it. With DOMA gone and the court ruling that the federal government must extend the same benefits to married same sex couples as married opposite sex couples, I'd be interested to see on what basis they would reject that application.

Of course, if you live in a backward state and your same sex SO lives in a backward country, then you're still up ####### creek without a paddle. Or maybe not. You should still be able to peition on a K1 and then marry in one of the 21st centuiry states within the prescribed period post entry.

Edited June 26, 2013 by Mr. Big Dog

[Teddy B 17,252]

*Only applicable to the Second Amendment.

[skiptex 225]

it will be interesting to see how this works out now with USCIS for same sex spouse and fiance..

[Protocol417 161]

It means that married same sex couples are entitled to the same immigration benefits as marries opposite sex couples. And one does not even have to live in a same sex marriage state. You can marry overseas in a same sex marriage country and then file for immigration benefits for your spouse. You should be able to do that even if you are a Texas or Louisiana or Alabama resident.

Beauty of it is that you do not depend on your state of residence to recognize your marriage - only the federal government needs to honor it. With DOMA gone and the court ruling that the federal government must extend the same benefits to married same sex couples as married opposite sex couples, I'd be interested to see on what basis they would reject that application.

Of course, if you live in a backward state and your same sex SO lives in a backward country, then you're still up ####### creek without a paddle. Or maybe not. You should still be able to peition on a K1 and then marry in one of the 21st centuiry states within the prescribed period post entry.

I hope you're right, but I don't think so, at least not yet. I think the argument would simply be that you can get the federal benefits of marriage, but if your state doesn't allow same-sex marriage then you can't get married, therefore no federal benefits for you.

It's just a matter of time, though, until it is all 50 states. In the meantime, I feel sorry for those who live in the dinosaur states.

[Teddy B 17,252]

I know someone who once caught teh ghey. She has two children now

It must've been the redneck strain of teh ghey, that has been known to have adverse affects.

[Mr. Big Dog 10,747]

I hope you're right, but I don't think so, at least not yet. I think the argument would simply be that you can get the federal benefits of marriage, but if your state doesn't allow same-sex marriage then you can't get married, therefore no federal benefits for you.

It's just a matter of time, though, until it is all 50 states. In the meantime, I feel sorry for those who live in the dinosaur states.

Easy way around your state if you live in one of the backwards states: You don't have to be a resident of NY or California or any of the additional 10 states plus the District of Columbia that have instituted marriage equality to get married there, do you? Your home state may not recognize that same sex marriage (yet) but the federal government now must recognize it and afford the same federal benefits - including immigration benefits - to the same sex couple. It's done.

[duraaraa 203]

If someone is in love with someone else, they should absolutely be able to marry.

Now, we should fight for polygamy (yes, really.)

Polygamy is not for me, but some people would prefer to have a multimarriage.

People should be able to define marriage as whatever they please.

Edited June 26, 2013 by duraaraa

[I AM NOT THAT GUY 5,715]

Without reading the ruling, if DOMA is struck down in its entirety, then the Constitutional requirement that states honor the contracts made in other states still holds.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

[Mr. Big Dog 10,747]

People should be able to define marriage as whatever they please.

If you do that, gun nuts would marry their pieces.

[Protocol417 161]

Easy way around your state if you live in one of the backwards states: You don't have to be a resident of NY or California or any of the additional 10 states plus the District of Columbia that have instituted marriage equality to get married there, do you? Your home state may not recognize that same sex marriage (yet) but the federal government now must recognize it and afford the same federal benefits - including immigration benefits - to the same sex couple. It's done.

I don't have the exact statistics, but I do know that at least some of the states do require you to be a resident to marry there.

If the state is okay with you coming over and getting married, but your "home state" doesn't recognize your marriage... well, that's a bit trickier. I'm not sure what would happen there.

[duraaraa 203]

In California, you don't have to be a resident.

[Protocol417 161]

It must've been the redneck strain of teh ghey, that has been known to have adverse affects.

Not at all. Lots of gay couples have children, whether from previous marriages, surrogate mothers, in vitro fertilization, sperm donors, adoption, whatever.

[Mr. Big Dog 10,747]

I don't have the exact statistics, but I do know that at least some of the states do require you to be a resident to marry there.

Some states may indeed only marry their residents - not sure how many. I do know that not all states have such restriction and I would wager a bet that among the 13 jurisdiction that have adopted marriage equality, you will find more than one that will marry residents of other states. One such jusrisdiction is all a same sex couple needs - California now fits the bill.

http://www.cdph.ca.gov/certlic/birthdeathmar/documents/marriage%20ceremony%20info.pdf

GENERAL INFORMATION:

 You do not need to be a California resident to marry in California.

If the state is okay with you coming over and getting married, but your "home state" doesn't recognize your marriage... well, that's a bit trickier. I'm not sure what would happen there.

Your home state may not recognize your marriage (yet). This is going to be challenged soon enough because that would appear to be in conflict with the full faith and credit clause of the Constitution where each state ought to honor contracts made in another state of the Union. That aside, immigration is exclusively federal domain. Matters none whether your state recognizes your out-of-state marriage.

Edited June 26, 2013 by Mr. Big Dog

[elmcitymaven 9,712]

This is how I understand the logistics would play out in a post-DOMA world:

1) If you are a resident of a state that permits SSM and recognises SSM, you may petition for a K1 or CR1 (if the parties married in a US state that permits SSM, or in a country that permits SSM);

2) If you are a resident of a state that does not permit SSM and does not recognise SSM, you may not petition for either a K1 or a CR1.

3) If you are a resident of a state that does not permit SSM but DOES recognise SSM conducted in another state or foreign jurisdiction, you may petition for a CR1. (This goes along with the full faith and credit clause of the Constitution -- unsurprisingly this has been suspended by those states who find SSM yucky.)

If you are a resident of a state that does not permit SSM and does not recognise SSM, you cannot just marry in another state or foreign jurisdiction. The state will not see you as being married. For the purposes of petitioning non-USC spouses/fiance(e)s, the marriage MUST be recognised by the state in which you are resident. So, if you're a resident of Mississippi, you can't just marry in Iowa and immediately go back to Mississippi. You'd need to become a resident of Iowa (or another state that permits and recognises SSM) or get married in Iowa (or similar) and move to a state that recognises your SSM although it was conducted in another state. After your beloved arrives on a CR1 (or K1, under the Iowa example), you can move back to Mississippi and be the happiest gay couple in the South, y'all.

Similar rules would apply to in-country AOS, I understand.

*edited for clarity.

Edited June 26, 2013 by the maven

[Karee 4,190]

Time for you to move, I guess.

Canada maybe?