Lesbian Couple Wants to be Together

[ick33333 0]

I am an American female. My girlfriend / lover is Canadian. We are new to this website and was unable to find / locate a topic similar to our circumstances. We sure could use some help / advice / guidance.

I own a home in Michigan. My g/f is unemployed and homeless in Ontario. She has been visiting with me and must return to Canada at the end of July 2008, due to being checked out at the border coming into Michigan.

We will do anything to be together, and whereever is unimportant to us. I am in my late 50's and she is in her mid 40's so it's not puppy love.

Should she try and marry an American and then apply for US citizenship or should we get married in Canada and then she sponsor me for citizenship there? I am retired and don't want to lose my social security and / or pension.

We are so scared and sick that we can barely eat or function.

We're not trying to be illegal or dishonest but we are leaving all options open. Our problem is we don't know what our options are. Can you help us?

[Sylvia_n_Joseph 3]

Currently the US does not recognise same sex unions for famliy based immigration benefits. I assume it is only a matter of time until such a petition is filed. I think the key to such a filing if you are not currently married is the letter of intent where you both must be able to marry at the time of filing. This would require both of you to reside in a place that same sex marriage is recognised. I have no idea what would happen if you met this requirement and would file but I am certain it would be a long slow process at best.

I know US citizens live out of country and maintain their social security. I think you simply need to maintain your US citizenship.

[Necrotica 0]

I am retired and don't want to lose my social security and / or pension.

From Social Security's website:

Question:

I am a US citizen but plan to live overseas. Can I collect Social Security benefits in a foreign country?

Answer:

If you are a U.S. citizen, you may receive your Social Security payments outside the U.S. as long as you are eligible for them. Regardless of your citizenship, there are certain countries where we are not allowed to send payments. For more information, please see Your Payments While You Are Outside The United States, Publication No. 05-10137, for a list of countries where we are not allowed to send payments.

If you are planning to be outside the United States for six consecutive calendar months or more, you can find out if you can receive your Social Security payment by using the Payments Abroad Screening Tool.

Edited July 4, 2008 by Necrotica

[desert_fox 32]

I own a home in Michigan. My g/f is unemployed and homeless in Ontario. She has been visiting with me and must return to Canada at the end of July 2008, due to being checked out at the border coming into Michigan.

Should she try and marry an American and then apply for US citizenship or should we get married in Canada and then she sponsor me for citizenship there? I am retired and don't want to lose my social security and / or pension.

We're not trying to be illegal or dishonest but we are leaving all options open. Our problem is we don't know what our options are. Can you help us?

Nothing dishonest???,,,a fraudulent marriage is dishonest and a felony...but as least, it would solve her homeless problem.

You have no options in the US. The govt does not recognize same sex marriages. Your option is to live in Canada.

[Reba 2]

If you get married in Canada you can apply for permanent residency there. As previously mentoined, the US does not recognise same sex unions or marriage, so unless your girlfriend has some other avenue of immigration here, your only option really is Canada.

Your then Canadian wife would apply to sponsor you, (she doesn't need to show proof that she can fiancially support you, however it would be a really good idea for her to get a job and a place to live before sending in the applications!) Then you would apply for residency. If you apply "outland" current timelines are between 4 and 9 months. If you were to get married and then stay in Canada and apply in-land, it could take well over a year, and you wouldn't be able to work during most of that time. Out-land applications are quickest and best IMO.

Check out http://www.roadtocanada.com for information on family based immigration to Canada.

Edited July 4, 2008 by Reba

[Ban Hammer 13,335]

I own a home in Michigan. My g/f is unemployed and homeless in Ontario. She has been visiting with me and must return to Canada at the end of July 2008, due to being checked out at the border coming into Michigan.

Should she try and marry an American and then apply for US citizenship or should we get married in Canada and then she sponsor me for citizenship there? I am retired and don't want to lose my social security and / or pension.

We're not trying to be illegal or dishonest but we are leaving all options open. Our problem is we don't know what our options are. Can you help us?

Nothing dishonest???,,,a fraudulent marriage is dishonest and a felony...but as least, it would solve her homeless problem.

You have no options in the US. The govt does not recognize same sex marriages. Your option is to live in Canada.

you beat me to that one.

[~Laura and Nick~ 5]

I wish you both all the luck in the world.

Smile, you will find a way.

[Sylvia_n_Joseph 3]

California and I think Massachusetts allow same sex marriage. I do not know how immigration would react if a couple resided in one of those states and applied for a cr1/ k3 visa.

[Reba 2]

The US federal government however does not recognise same sex marriage, and USCIS is a federal office. As they do not consider same sex marriage legal, they would not be eligible for marriage based immigration to the US.

[DeadPoolX 9]

The US federal government however does not recognise same sex marriage, and USCIS is a federal office. As they do not consider same sex marriage legal, they would not be eligible for marriage based immigration to the US.

This is true. Even if you did somehow get to the U.S., there are only a select few states that allow civil unions or marriages. So you'd be confined to those states.

[mybackpages 0]

This is a great organization for resources and support for bi-national couples with immigration issues. Good luck

immigration equality

[BH45 0]

I was a former marriage commissioner in Ontario. I know that Ontario recognizes same-sex unions and I believe they allow for family benefits.

I'm in agreement with Reba. Follow her suggestions and live in Ontario. Nothing stopping you from visiting the US afterwards.

[SpiritAlight 1]

If gays/lesbians can get married in California and Massachusetts then why can they not get married there and then apply for AOS?

Being that U.S. immigration is arcane and antiquated, perhaps the only one that is truly modern method would be Quebec's; they even recognize common law couples for immigration do they not?

Yes, Quebec's immigration is separate from the rest of Canada!!!

I wish for you that you find a way and be together.

Perhaps for now, it can be long visits to the U.S. for the CDN partner.

[English Muffin 59]

If gays/lesbians can get married in California and Massachusetts then why can they not get married there and then apply for AOS?

Because USCIS is governed by Federal law, not State law, and Federal Law does not recognize same-sex marriages.

[trailmix 77]

If gays/lesbians can get married in California and Massachusetts then why can they not get married there and then apply for AOS?

Being that U.S. immigration is arcane and antiquated, perhaps the only one that is truly modern method would be Quebec's; they even recognize common law couples for immigration do they not?

Yes, Quebec's immigration is separate from the rest of Canada!!!

I wish for you that you find a way and be together.

Perhaps for now, it can be long visits to the U.S. for the CDN partner.

Canadian immigration recognizes same sex partnerships....not just Quebec