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Hohverdgguu

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    Colorado

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    Removing Conditions (pending)
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    United Kingdom

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  1. On that state recognition point (so nothing to do with immigration), looking again at the Respect for Marriage Act, I think there is a gap in the text where it comes to state recognition of foreign marriages. I assume they just wrote the law badly, as ever. I can't find any articles that discuss this, but then the commentary doesn't really focus on foreign marriages. The general lack of intrigue about the rest of the world in American discourse has actually been one of the most jarring aspects of moving to the US for me. Anyway, I think this means that if Obergefell falls - and I do think that is a big if, even if a case is very likely to reach the Supreme Court - Georgia could deny state benefits to same-sex couples married outside of the US, whereas it could not deny them to same-sex couples married in another US state. Now that would require Georgia state officials to think about foreign marriages, rather than just focussing on not issuing new same-sex marriage licenses, which doesn't seem super likely. For what it's worth, if I was in your shoes I wouldn't do anything rash now, but just make sure you have basic protections in place like a will, and medical and financial powers of attorney. Word of warning - I'm not a lawyer in the US, and this is not my area of law where I am qualified, so I could be talking complete nonsense.
  2. I don’t see where the state comes into immigration status. Your husband is a permanent resident under federal law. The Respect for Marriage Act defines marriage for federal law as including same sex marriage. (For foreign marriages it says the marriage will be considered valid if it was valid in the place where it occurred and could have been entered into in any US state.) It also specifies that this only need to be true at the time the marriage is entered into - so in the highly unlikely event that all 50 states decided to repeal same-sex marriage, your marriage would still be valid in federal law. So there is no need to try to get a new marriage certificate from a blue state. I don’t know that much about marriage law, but could you even get a new certificate when you already are validly married? In any case, I don’t know how permanent resident status could be removed once validly granted. Now in terms of recognition of your marriage for Georgia state purposes, the Respect for Marriage Act requires states to recognize marriages performed in other states. I’ve read that this holds for foreign marriages too, but don’t see that so clearly in the wording of the Act. I probably need to do a deeper dive into the law the Act amends to understand why that’s true. So basically - I don’t think this is something to worry about. At least I’m not worrying about my own status.
  3. My packet arrived at the Phoenix lockbox on 2/11. And I’ve been very impatiently waiting for them to acknowledge that they have it since then!
  4. For bank accounts, HSBC have an option to open a US account while you are still in the UK, so you have a destination for your money whenever you are ready to transfer it
  5. I found the website britishexpats.com to be helpful for these kind of non-immigration questions. There’s a USA section where people regularly ask about finances and pensions. Pensions are covered by the UK-US tax treaty, so are treated differently to those of other countries, as I understand it
  6. The HSBC option works from the UK - I did it just last week
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