Same Sex Marriage Forum

[JohnR! 5,495]

What? Same sex couples can get married in any state or country the same as traditional marriages? News to me. There's only 14 countries that allow same sex marriage.

http://en.wikipedia.org/wiki/Same-sex_marriage

I am saying that in the context of immigration benefits to the US, and according to the USCIS, the rules are the same for all couples.

[Karee 4,190]

That is also true to any other couples. The requirements, ages, and other parameters vary from one state to another.

I think your heart is in the right place but in the end, the sooner we all realize there has never been such thing as 'traditional' marriage, the better off we are. Marriage has always been something very specific to each couple and traditional is something any marriage is not.

I actually hesitated using the word "traditional" because frankly I couldn't think of a better word. Maybe "opposite sex" marriage is better. Not sure. Anyway, I'd rather not get bogged down in the semantics. As I pointed out in my above post, while all marriage should be equal, it is not in the vast majority of countries in the world and the states in this country. Just a simple fact. Until it is equal everywhere, then it is still different in the eyes of the law in most states and most countries. No way around that.

I am saying that in the context of immigration benefits to the US, and according to the USCIS, the rules are the same for all couples.

You do realize that in order to apply for a CR-1/IR-1 visa, or to pursue DCF, you have to be married, don't you?

Edited August 5, 2013 by Karee

[JohnR! 5,495]

I actually hesitated using the word "traditional" because frankly I couldn't think of a better word. Maybe "opposite sex" marriage is better. Not sure. Anyway, I'd rather not get bogged down in the semantics. As I pointed out in my above post, while all marriage should be equal, it is not in the vast majority of countries in the world and the states in this country. Just a simple fact. Until it is equal everywhere, then it is still different in the eyes of the law in most states and most countries. No way around that.

However, where your foreign fiance/fiancee comes from and in which state you get married makes no difference to the USCIS. That is true to any couple.

[Karee 4,190]

However, where your foreign fiance/fiancee comes from and in which state you get married makes no difference to the USCIS. That is true to any couple.

Right. What if they want to go the DCF route or apply for CR-1/IR-1?

[JohnR! 5,495]

You do realize that in order to apply for a CR-1/IR-1 visa, or to pursue DCF, you have to be married, don't you?

True but only half of the equation. Being married alone won't do it. The couple also needs to reside in a country where DCF is available. This is true to all couples.

You can find more information on DCF at: http://www.visajourney.com/content/dcf

Right. What if they want to go the DCF route or apply for CR-1/IR-1?

They follow the same rule as anyone else. See link in my previous post.

[Karee 4,190]

True but only half of the equation. Being married alone won't do it. The couple also needs to reside in a country where DCF is available. This is true to all couples.

You can find more information on DCF at: http://www.visajourney.com/content/dcf

They follow the same rule as anyone else. See link in my previous post.

I'm well aware of how DCF works. That's what kicked off this whole conversation. You're still not getting it. If they can't get married in the country where they reside, then DCF is out. Not only that, if they can't get married anywhere outside of the U.S. for whatever reason, then IR-1/CR-1 is out.

[JohnR! 5,495]

I'm well aware of how DCF works. That's what kicked off this whole conversation. You're still not getting it. If they can't get married in the country where they reside, then DCF is out. Not only that, if they can't get married anywhere outside of the U.S. for whatever reason, then IR-1/CR-1 is out.

That is also true to all couples. Nothing new there.

In fact, many get married in the US only to return home and apply for DCF.

[Karee 4,190]

True but only half of the equation. Being married alone won't do it. The couple also needs to reside in a country where DCF is available. This is true to all couples.

You can find more information on DCF at: http://www.visajourney.com/content/dcf

They follow the same rule as anyone else. See link in my previous post.

Dude. You have to be MARRIED to file DCF. If you can't get married, you can't file DCF. It's not the same. If I wanted to get married in Thailand and go DCF, I could do that if I married someone from the opposite sex. However Thailand does not allow same sex marriage, so I can't go the DCF route. Not only that, if a same sex couple wants to go the IR-1/CR-1 route, they have to be married, same as everyone else. Where would they do that, since only a handful of countries allow same-sex marriage.

[Karee 4,190]

That is also true to all couples. Nothing new there.

In fact, many get married in the US only to return home and apply for DCF.

It's not true. Show me a list of countries that don't allow opposite sex marriages. How are they gonna get married in the U.S. and return home for DCF, when a tourist visa is next to impossible for most countries? Also, if they came to the U.S. and got married, why wouldn't they just adjust status?

[JohnR! 5,495]

Dude. You have to be MARRIED to file DCF. If you can't get married, you can't file DCF. It's not the same. If I wanted to get married in Thailand and go DCF, I could do that if I married someone from the opposite sex. However Thailand does not allow same sex marriage, so I can't go the DCF route. Not only that, if a same sex couple wants to go the IR-1/CR-1 route, they have to be married, same as everyone else. Where would they do that, since only a handful of countries allow same-sex marriage.

You could get married in another country and go DCF, just like any other couple. Again, for immigration purposes it doesn't matter where you get married.

Also, if they came to the U.S. and got married, why wouldn't they just adjust status?

Because it is considered fraud to do so.

Edited August 5, 2013 by Gegel

[Karee 4,190]

You could get married in another country and go DCF, just like any other couple.

There's only 14 countries that currently support same-sex marriage, so it's not the same as any other couple.

Because it is considered fraud to do so.

OK. Regardless, they still have to go somewhere where same-sex marriage is allowed.

Edited August 5, 2013 by Karee

[JohnR! 5,495]

There's only 14 countries that currently support same-sex marriage, so it's not the same as any other couple.

For the USCIS it does not matter where your fiance/fiancee comes from.

The USCIS will recognize a divorce, even if the Philippines will not.

Edited August 5, 2013 by Gegel

[Karee 4,190]

For the USCIS it does not matter where your fiance/fiancee comes from.

Fiance? I thought we are talking about DCF and IR-1/CR-1?

[JohnR! 5,495]

Regardless, they still have to go somewhere where same-sex marriage is allowed.

As do any other couple. They have to get married where they both are legally recognized to do so.

Fiance? I thought we are talking about DCF and IR-1/CR-1?

For immigration benefits it does not matter where your fiance/fiancee/spouse comes from.

[Karee 4,190]

As do any other couple. They have to get married where they both are legally recognized to do so.

Which again is about 14 countries so far.

As do any other couple. They have to get married where they both are legally recognized to do so.

For immigration benefits it does not matter where your fiance/fiancee/spouse comes from.

For a marriage visa or DCF they have to be married.