Which visa should we apply for

[Ibrahim3725 2]

15 minutes ago, Quarknase said:

I'm with you on that.

I'll try to elaborate further on what I believe the concern is: If I understand correctly than the marriage would not be legal in Sierra Leone if they know that she changed the gender - both gender change and same sex marriage are not legal there.

So the US could (I say could) potentially state that the marriage certificate would not have been issued if the country where the marriage was held had known about her previous gender.

 

OP is that what you asked?

 

If gender change is legal in Sierra Leone, then I stand corrected.

 

Now in my personal opinion, since all of the above are legal in the US, they should be OK accepting the marriage certificate. But my opinion is by no means qualified advise

 

Yes that's my concern. My wife is here with me now in Seirra Leone  for about 2 more weeks and we have been discussing the issue and trying to figure out what's the best route to take!! We have been talking to the pastor who performed the wedding and he has held on to the marriage paperwork for us until or when we decide to register it. We would love to do cr1 because we have so many photos that we have already shared on Facebook and we are both acting and behaving as if we are married already. 

[Ibrahim3725 2]

1 minute ago, Boiler said:

Certainly if the marriage certificate was obtained through misrepresentation that would be an issue.

Yes that's our fear. That's why we have not registered it yet. And so we are wondering should we do k1 or cr1?

[Ibrahim3725 2]

37 minutes ago, SusieQQQ said:

But if you are male as I assume, and the passport has her identity as female, then it’s not same sex and you should be able to register it in Sierra Leone? Then it’s legal.

You definitely can’t do K1 as you had a church wedding.

worst case you do a court marriage again in the US if the gender thing becomes an issue.?

But doesn't she have to submit her birth certificate when filing visa. The birth certificate say male. Or will the allow her to submit passport instead. If they see male on birth certificate they will say it's a same sex relationship and since my country does allow same sex marriage, then maybe the USA government will say its invalid marriage! We dont want to get in trouble!!

[Downloader 199]

18 minutes ago, Ibrahim3725 said:

But doesn't she have to submit her birth certificate when filing visa. The birth certificate say male. Or will the allow her to submit passport instead. If they see male on birth certificate they will say it's a same sex relationship and since my country does allow same sex marriage, then maybe the USA government will say its invalid marriage! We dont want to get in trouble!!

 

She only needs to provide evidence of Citizenship and her passport serves that purpose. 

 

Is she a Citizen of your country also?

Edited December 13, 2019 by Downloader

[Boiler 45,527]

Maybe her moving would be the best bet, the K1 is out of the picture as has been mentioned.

[Ibrahim3725 2]

7 minutes ago, Downloader said:

 

She only needs to provide evidence of Citizenship and her passport serves that purpose. 

 

Is she a Citizen of your country also?

No she not a citizen in my country. She has been here since Oct 30th and will leave back for the USA December 30th. 

[Ibrahim3725 2]

8 minutes ago, Boiler said:

Maybe her moving would be the best bet, the K1 is out of the picture as has been mentioned.

Her moving where? And why is the k1 out of the question? I never mentioned anything about her moving 

[Quarknase 1,072]

3 minutes ago, Ibrahim3725 said:

Her moving where? And why is the k1 out of the question? I never mentioned anything about her moving 

A marriage ceremony counts as "too married" for the K1. So CR1 would be the way.

Can you register the marriage before she leaves, and she consults with a lawyer when back in the US? I honestly don't know if this could become an issue but I'm almost certain that the K1 is not an option for you due to the ceremony.

[Ibrahim3725 2]

1 minute ago, Quarknase said:

A marriage ceremony counts as "too married" for the K1. So CR1 would be the way.

Can you register the marriage before she leaves, and she consults with a lawyer when back in the US? I honestly don't know if this could become an issue but I'm almost certain that the K1 is not an option for you due to the ceremony.

Ok

[SusieQQQ 11,586]

1 hour ago, Quarknase said:

I'm with you on that.

I'll try to elaborate further on what I believe the concern is: If I understand correctly than the marriage would not be legal in Sierra Leone if they know that she changed the gender - both gender change and same sex marriage are not legal there.

So the US could (I say could) potentially state that the marriage certificate would not have been issued if the country where the marriage was held had known about her previous gender.

 

OP is that what you asked?

 

If gender change is legal in Sierra Leone, then I stand corrected.

 

 

My understanding was that she changed her gender in the US, not in Sierra Leone. They accepted her as female when they admitted her based on her passport. I’m not seeing a issue with that.

 

The problem seems to be the birth certificate, If she has legally changed her gender in the US then (I don’t know the details of this but logically) either she has to be able to get the birth certificate changed, or whatever legal document proves her change of gender can be used with it to petition with, surely?

 

anyway, even if just for peace of mind, maybe a lawyer should be consulted.

Edited December 13, 2019 by SusieQQQ

[Boiler 45,527]

Sounds like any legal advice is needed locally.

[SalishSea 17,837]

OP, Jeanne posted a link about gender change on TN drivers license, and it looks like it is possible if your wife can get a statement from her physician.  That wouldn’t help for the immediate visit though.  
 

As a Sierra Leonese (what is the demonym for people from Sierra Leone, anyway?!),  could the two of you easily travel to a third country to do a legal wedding?  I have heard people mention Gibraltar and Denmark as options for travelers to marry.

[Lucky2Lucky 2,526]

You are too married for a k1.
You are a man and she identifies as a female and her passport is female? What’s the problem with getting married in your country then if one of you is male and the other female? 

[Timona 4,207]

4 hours ago, Boiler said:

Certainly if the marriage certificate was obtained through misrepresentation that would be an issue.

 

If the pastor knew she was transgender before marriage and still went ahead and married them, then I see no issue of misrepresentation. 

I stand corrected. 

OP should just get the marriage registered and call it a day. I think you're worrying too much. 

Edited December 13, 2019 by Timona

[Boiler 45,527]

I have no idea how the process works so raised that as a potential issue and suggested consultation with a local Family Lawyer.

 

Seems nobody else on here knows.