Marrying a transexual

[Jasman0717 9]

Someone correct me if I am wrong but: Even if the state recognizes same sex marriage, it is written into the Immigration Act that the spouse must be of the opposite sex?

I know we don't know the poster's gender yet, so this might be moot. I am just curious.

How do they get around the birth certificate

[Singers 0]

I did a quick search on wikipedia:

The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Florida, Ohio, Texas and New York.^[3] Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most (almost all) U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Only Idaho, Ohio and Tennessee refuse to permit a change of sex. Like other states, California will amend birth certificates only for California natives currently living in California. However, unlike other states, postoperative residents of California born outside California may obtain a court-ordered change of name and gender. Moreover, on August 2, 2003, California joined Minnesota, Rhode Island and New Mexico (as well as New York City) in expanding legal protection from discrimination to include gender identity or expression, which may aid transsexuals in future cases in these jurisdictions.

So I guess if you live in a state that allows a birth cert to be changed it is possible? For legal purposes the person would now be of the opposite sex so it wouldn't be against Federal regulations...

[pushbrk 13,254]

I did a quick search on wikipedia:

The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Florida, Ohio, Texas and New York.^[3] Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most (almost all) U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Only Idaho, Ohio and Tennessee refuse to permit a change of sex. Like other states, California will amend birth certificates only for California natives currently living in California. However, unlike other states, postoperative residents of California born outside California may obtain a court-ordered change of name and gender. Moreover, on August 2, 2003, California joined Minnesota, Rhode Island and New Mexico (as well as New York City) in expanding legal protection from discrimination to include gender identity or expression, which may aid transsexuals in future cases in these jurisdictions.

So I guess if you live in a state that allows a birth cert to be changed it is possible? For legal purposes the person would now be of the opposite sex so it wouldn't be against Federal regulations...

That is correct, in general, but the OP indicates the officially recognized gender of the transexual referred to as "she", is currently male.

Unless the OP is female, (unlikely) then no fiance or spouse visa petition has a chance of approval at this time. Perhaps they could marry in MA but Catch 22 is, that marriage wouldn't be acceptable by USCIS. Perhaps a later marriage after the birth certificate and official gender are changed would fly. I expect it would.

[yogib37 3]

Sounds Like a TROLL!!!!

I would not think this is a legal marriage.. Since if he is male, and the person he met is Phyicaly a Male, or visa versa.. Sounds like same sex marriage.

and it seems pretty wried.

yogi

[betawi 0]

Hi there and welcome. I guess my first question to you is are you male or female (sorry, didnt see it in your response). Regarding question 2, look at the guides at the top and they list what documents are needed. The AOS documents also have fairly comprehensive directions, so make sure to read them carefully. Q3: Usually overstays etc. are forgiven when you marry a USC and file for AOS.

My gender is female, thank you for those who have replied with helpful replies so far

[zqt3344 21]

And I was being very matter of fact when I said you were a great help with your snide comment.

You are being snide not me, I simply state the facts, get your emotions out of it.

Someone correct me if I am wrong but: Even if the state recognizes same sex marriage, it is written into the Immigration Act that the spouse must be of the opposite sex?

I know we don't know the poster's gender yet, so this might be moot. I am just curious.

How do they get around the birth certificate

USCIS does not grant same sex marriage visas. Also that person was born a male or female and it is an official record, that is not going to be changed it is there to stay.

[betawi 0]

I did a quick search on wikipedia:

The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Florida, Ohio, Texas and New York.^[3] Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most (almost all) U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Only Idaho, Ohio and Tennessee refuse to permit a change of sex. Like other states, California will amend birth certificates only for California natives currently living in California. However, unlike other states, postoperative residents of California born outside California may obtain a court-ordered change of name and gender. Moreover, on August 2, 2003, California joined Minnesota, Rhode Island and New Mexico (as well as New York City) in expanding legal protection from discrimination to include gender identity or expression, which may aid transsexuals in future cases in these jurisdictions.

So I guess if you live in a state that allows a birth cert to be changed it is possible? For legal purposes the person would now be of the opposite sex so it wouldn't be against Federal regulations...

That is correct, in general, but the OP indicates the officially recognized gender of the transexual referred to as "she", is currently male.

Unless the OP is female, (unlikely) then no fiance or spouse visa petition has a chance of approval at this time. Perhaps they could marry in MA but Catch 22 is, that marriage wouldn't be acceptable by USCIS. Perhaps a later marriage after the birth certificate and official gender are changed would fly. I expect it would.

As I have replied, I'm female, now that it seems we can get married, may I know what we need to do next? Does she need to wear a male outfit when we register our marriage?

We don't plan to hire an attorney since we don't have the money for it, is it possible?

Thank you

PS: please reply with a helpful reply, thank you

[pushbrk 13,254]

I did a quick search on wikipedia:

The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Florida, Ohio, Texas and New York.^[3] Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most (almost all) U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Only Idaho, Ohio and Tennessee refuse to permit a change of sex. Like other states, California will amend birth certificates only for California natives currently living in California. However, unlike other states, postoperative residents of California born outside California may obtain a court-ordered change of name and gender. Moreover, on August 2, 2003, California joined Minnesota, Rhode Island and New Mexico (as well as New York City) in expanding legal protection from discrimination to include gender identity or expression, which may aid transsexuals in future cases in these jurisdictions.

So I guess if you live in a state that allows a birth cert to be changed it is possible? For legal purposes the person would now be of the opposite sex so it wouldn't be against Federal regulations...

That is correct, in general, but the OP indicates the officially recognized gender of the transexual referred to as "she", is currently male.

Unless the OP is female, (unlikely) then no fiance or spouse visa petition has a chance of approval at this time. Perhaps they could marry in MA but Catch 22 is, that marriage wouldn't be acceptable by USCIS. Perhaps a later marriage after the birth certificate and official gender are changed would fly. I expect it would.

As I have replied, I'm female, now that it seems we can get married, may I know what we need to do next? Does she need to wear a male outfit when we register our marriage?

We don't plan to hire an attorney since we don't have the money for it, is it possible?

Thank you

PS: please reply with a helpful reply, thank you

Thank you for the clarification. We deal with the "Visa Journey" here. So, fashion tips or local marriage regulations are not really on topic in this forum.

Common sense tells me that if you and a person appearing as a woman walk into a local County Clerk's office to obtain a marriage license, there could be some issues with "identification" so you'll want to plan accordingly. The groom's wardrobe at a wedding is pretty much between the couple and the officiant.

AOS and green card related issues I see are that your then "husband" will need to remain a male husband in every material way, at least until his "wife" has removed conditions on her permanent resident status, probably a three to four year process. There IS the matter of the AOS interview where the two of you sit across the desk from an adjudicator to convince them you have a bona fide marriage between a man and a woman. I don't recommend there be any question of identification at that interview. Approval results in a green card with conditions. You must file to remove conditions between 21 and 24 months later and there could be another interview then. Removal of conditions based on a bona fide marriage between a man and a woman would require the genders remain consistent at least until conditions were removed.

Sounds like you have a potential plan. Time to study the guides together and learn about the AOS process.

[NavarreMan 10]

I admire those who have gone through so much to provide the best information possible. I was in the process of doing some research on this until the question came up of what to wear to the Clerk of Courts office. This question also pertains to any face-to-face with USCIS officials.

I found the question to be so fundamentally ridiculous that I came to the only conclusion I could; that we are dealing with a troll.

With that in mind here is my helpful reply. If you have to ask whether or not your SO should wear "male" clothes during various meetings with officials, try and remember what advice was given here by those who know about this process and the legalities of what you are trying to accomplish.

If you feel that spilling the beans about your SO's gender status/plans will not have a negative effect on the outcome of your application then by all means your SO should wear feminine clothing. But if you are truly sincere about this then do some reading yourself and learn all you can about the process and what to expect. You are in a unique situation that will is beset with hurdles on all sides. Any slip-up could easily bring your plans crashing down. What to wear to a meeting with officials is a "no-brainer".

I am not going to wish you luck because I do not believe the OP is serious. But in case this is a valid issue, luck is not what you need. Brains (common sense) or a good lawyer should get you through this.

[GabachaYucateca 0]

I'm sincerely hoping that all of the erroneous replies can be deleted. Obviously, your world is very, very small if you've never been exposed to the issues that the transgendered face.

Of course, this is just my opinion, but if the two of you are in love and planning to spend your lives together, the sticky issue isn't your partner's gender, it's the fact that you aren't a US citizen!

If your partner is still physically a male, can't you leave that the way it is for a while? I mean, I know that's awful to say to your partner that she can't change her sexual indentity so you can get the visa and PR, but it's going to be an awfully messy ride if she does continue the process of changing.

Best of luck to you!

[Mags 112]

UNBELIEVABLE! are you serious?

I have asked you before in other threads to keep comments such as this to yourself. They are not helpful and completely pointless.

Any more bickering in this thread from anyone will result in a lock. Thanks.

Edited November 14, 2007 by Mags

[kim&james 0]

Have a initial consultation with a immigration attorney. A lot will do this for little or no money.

With regards to your adjustment of status based on marriage, since you are male and female, you should be able to do this as easily as the rest of us. What interests me is how the govt will perceive your relationship, which like the rest of us, we have to prove that it is a genuine one based on love. Yours obviously has a few extra hurdles to overcome but supporting each other through the process and supporting each other in your chosen lifestyle, why wouldnt you get approved.

This is the first such case that I have read about and I truely hope that you keep us informed on your progress. Some here are not closed minded and will offer support and help during your own special journey.

Very best of luck.

[athena_ny 1]

To all those who cry troll - I know a girl with this very issue at the moment, except her "boyfriend" was born a woman, and the sex change isn't complete, so she's pretty much stuck at this moment, and doesn't know where to go for help. Unfortunately there isn't much help, as witnessed by the rude replies in this thread.

OP - I have no advice for you, but as someone who has seen how difficult being transgendered in America can be (my uncle is now a woman ), I wish you the best of luck with your immigration journey, and hope it can all, somehow, work out.

[Mags 112]

To all those who cry troll - I know a girl with this very issue at the moment, except her "boyfriend" was born a woman, and the sex change isn't complete, so she's pretty much stuck at this moment, and doesn't know where to go for help. Unfortunately there isn't much help, as witnessed by the rude replies in this thread.

I agree and I wish to add this:

Just because a scenario can seem odd, or is something you've not heard of before, does not mean that it is a troll.

[Shub 78]

Hey like I said unbelievable! and yes I am asking is this serious? Where on here has this happened or been heard of before, I am serious, I mean it is unbelievable, such a unheard of thing.

Well look at it this way... it DOES happen all the time, and it's a very fair question to ask. It's just not very likely that it will raise an immigration issue and that it will pop up on VJ, but here we are regardless!

Anyway, it's highly likely that USCIS has dealt with similar cases in the past, but seeking some legal counsel here couldn't hurt. I cannot begin to predict the various paths USCIS could take to process this.

Edited November 14, 2007 by Shub