The impact of the Supreme Court ruling on a same-sex K1

[FlattyPatty 2]

Hey all,

 

The recent Supreme Court ruling on Roe v Wade definitely brought in new concerns for same-sex couples in the US, with Clarence Thomas stating he feels Obergefell should be revisited.

I'm currently a few months into waiting for the second stage of the K1 process with my wonderful same-sex partner, but the entire path to immigration and to getting a green card will still take years.

 

How safe are we? Is it even possible to theorize about what could go wrong here?

 

Thanks for all the answers

[African Zealot 1,455]

Nobody can tell you what will happen tomorrow unfortunately. Anything you will hear here is simply opinion. Many thought Roe vs Wade was settled, but it’s been struck out.

 

It is what it is. 

[Bahrainexpat 12]

3 hours ago, FlattyPatty said:

Hey all,

 

The recent Supreme Court ruling on Roe v Wade definitely brought in new concerns for same-sex couples in the US, with Clarence Thomas stating he feels Obergefell should be revisited.

I'm currently a few months into waiting for the second stage of the K1 process with my wonderful same-sex partner, but the entire path to immigration and to getting a green card will still take years.

 

How safe are we? Is it even possible to theorize about what could go wrong here?

 

Thanks for all the answers

The case that overturned R v. W had nothing to do with same sex marriage. Thomas' concurring opinion that referenced same sex marriage had no legal ruling, only a reference to revisit the decision that legalized it. As of right now, you are safe.

[Crazy Cat 41,845]

*****This thread has been moved to US Immigration News and Discussion******   

 

3 hours ago, FlattyPatty said:

The recent Supreme Court ruling on Roe v Wade definitely brought in new concerns for same-sex couples in the US,

Apples and oranges.......Life is too short.  Good luck on your journey. 

[Mike E 11,739]

The case Thomas referenced said that same gender couples have a federal constitutional right to marry.  
 

Don’t confuse a federal constitutional right to marry with a ban on marrying.  In several states the laws on the books allow same gender marriage.  In some cases the law is even embedded in the state constitution.  
 

Provided the state where you intend to marry and reside issued marriage licenses to same gender couples you will be fine. 

[Mollie09 1,543]

1 hour ago, Mike E said:

The case Thomas referenced said that same gender couples have a federal constitutional right to marry.  
 

Don’t confuse a federal constitutional right to marry with a ban on marrying.  In several states the laws on the books allow same gender marriage.  In some cases the law is even embedded in the state constitution.  
 

Provided the state where you intend to marry and reside issued marriage licenses to same gender couples you will be fine. 

That's not true, since immigration is a federal issue. Same-sex couples could not apply for immigration privileges before Obergefell.

[Kai G. Llewellyn 837]

Actually that was US v. Windsor, which struck down Section 3 of DOMA of which stopped the Federal Government from recognizing same-sex marriages.

[STO Overland 137]

Don’t base your life on what could happen or forever tread water instead of powering through. Cross the bridge if it comes, there is always another way. 

Enjoy the moment, good luck on your journey. 

[EG&XY 144]

Please don’t trivialize the concerns, they are real.

 

https://www.google.com/amp/s/www.nbcnews.com/news/amp/rcna35228

 

Yes, these issues are not directly related and there is no immediate effect on same sex couples. But it is not unreasonable for someone to be concerned with what this may signal could be coming in the future. Even for those of us who are no longer working on getting our spouse into the US (my husband got his citizenship last year) there are concerns over what might happen if some of these decisions are overturned.

[Mike E 11,739]

24 minutes ago, EG&XY said:

 

 

 there are concerns over what might happen if some of these decisions are overturned.

Ok there are concerns. I do think is it probable SCOTUS will revoke the right of same gender couples to marry.  I disagree that it will impact immigration but let’s say I am wrong: Let’s say the worst case scenario happens:

 

* all existing same gender marriages are annulled 
 

*  all green cards based on marriage to a same gender spouse are revoked
 

* all citizens naturalized on the basis of marriage to a same gender spouse are denaturalized

 

* the  capability to legally change ones assigned gender is revoked (thus removing an obvious work around to same gender marriages being illegal) 

 

thus leading to mass removal actions.  
 

If this a concern that keeps you up at night then now is the time to make plans for a life outside the USA. 
 

 

[Crazy Cat 41,845]

The job of the Supreme Court is to determine the Constitutionality of challenged laws.  This law was determined to be a states' issue...not a federal issue.  That is what the ruling did.  It returned the matter to each state.  I fail to see how this ruling will affect same-sex marriages.

States have rights.  Otherwise, a few municipal regions would control the laws and POTUS elections for the entire country.  

Edited June 26, 2022 by Crazy Cat

[EG&XY 144]

The concern is not the the impact on same sex marriages. The concern is the impact it might have on the access to certain federal rights (e.g., immigration).

[Crazy Cat 41,845]

59 minutes ago, EG&XY said:

The concern is not the the impact on same sex marriages. The concern is the impact it might have on the access to certain federal rights (e.g., immigration).

I see no connection between the recent ruling and ANY immigration rights...... some people are spreading needless fear....in order to secure votes.

By the way, ANY law is subject to interpretation by the Supreme Court....as our Constitution allows.....and has allowed for since the adoption of our Constitution.

Edited June 26, 2022 by Crazy Cat

[Family 3,988]

12 hours ago, FlattyPatty said:

How safe are we? Is it even possible to theorize about what could go wrong here?

 

4 hours ago, EG&XY said:

Please don’t trivialize the concerns, they are real.

There are quite a few “ threads “ that discuss this issue..though most of the threads read like cigar smoke filled Kentucky back room ..Good Ole Boy Banter. Am sure they would appreciate taking on OP ‘s direct question/ concern as well as welcome @EG&XY strong voice .

 

Example :

Supreme Court has voted to overturn abortion rights, draft opinion shows

 

[Family 3,988]

12 hours ago, FlattyPatty said:

How safe are we? Is it even possible to theorize about what could go wrong here?

You’re pretty safe unless your immigration journey is not complete and  we enter another Age of Prolific Presidential Proclamations as theorized in the many daily Forum Threads .