same-sex marriage
- Thread starter amalgam
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Do not worry, because you did tell the truth. Marriage is a union between one man and one woman.
Under the current US immigration law and the Federal Defense of Marriage Act, marriage is DEFINED as a union between one man and one woman. But law and definition can change in the future.
That is true only in part. First of all there are several states that beg to differ, including a growing number of countries around the world (I'm proud to be from the first country in the world to allow same sex marriages
). As has been said, marriage is defined as union between a man and a woman. It's only one way of looking at it, and it's most certainly not the absolute truth.Second of all, you are not considered single in your own country, which leads to things like joint bank accounts, joint house ownership, taking your partner's last name, adopting children etc. How will you explain that in an interview if you marked all boxes as single?
No, I would advise to contact KCC or the embassy in your home country and ask their advice. Just make it clear that you will not use your marriage for immigration purposes, but that you want to be as honest as you can. They will appreciate that.
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I agree with E59TH in theory only. Whatever your personal opinion is on same-sex marriage, current U.S. immigration law does not recognize any same-sex marriage, whether obtained in foreign countries such as Canada, Spain, South Africa, Belgium or the Netherlands, or in U.S. states of Massachusetts, Vermont, Connecticut, Iowa and for a limited amount of time California.
But that doesn't answer the question of MARITAL STATUS. Legally speaking, you should put "single" on your application. But when you go for your interview and when you are examined at the Port of Entry, they will ask lots of question relating to your personal circumstances. So based on the facts, you are not totally "single." So I don't know, but it would probably be safer to declare "single."
But that doesn't answer the question of MARITAL STATUS. Legally speaking, you should put "single" on your application. But when you go for your interview and when you are examined at the Port of Entry, they will ask lots of question relating to your personal circumstances. So based on the facts, you are not totally "single." So I don't know, but it would probably be safer to declare "single."
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OK. Here is some news. I wrote a letter to KCC and a letter to the GLAD's Legal InfoLine like I've been adwised.
The answer from GLAD is:
As your civil union is not recognized as a marriage, you correctly identified yourself as "single" on your Diversity Visa Lottery forms. However, immigration is a highly specialized area of the law, and unfortunately GLAD does not have expertise in this field.
The answer from KCC is:
Fiancées or common law spouses cannot be listed as a beneficiary on DV cases.
Unfourtunatly, KCC hasn't answer direcly to my question "In case of same-sex marriage how I have to define myself in the forms - like 'single' or like 'married'. So I reply to them with a request for precise answer.
gemie4us, I'm from Russia.
The answer from GLAD is:
As your civil union is not recognized as a marriage, you correctly identified yourself as "single" on your Diversity Visa Lottery forms. However, immigration is a highly specialized area of the law, and unfortunately GLAD does not have expertise in this field.
The answer from KCC is:
Fiancées or common law spouses cannot be listed as a beneficiary on DV cases.
Unfourtunatly, KCC hasn't answer direcly to my question "In case of same-sex marriage how I have to define myself in the forms - like 'single' or like 'married'. So I reply to them with a request for precise answer.
gemie4us, I'm from Russia.
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You can bring in the whole marriage debate in here, but that will not do this case any justice. (Infact, I had started a thread on the issue of same sex marriages, and there was a long discussion about the issue. Go back and search for that thread if you want to read that discussion)
The point here is that you immigrate to the United States, you don't immigrate to Vermont or Massachusetts.
US immigration laws currently only recognize heterosexual marriages.
It's pretty simple. The correct repsonse would be single.
The point here is that you immigrate to the United States, you don't immigrate to Vermont or Massachusetts.
US immigration laws currently only recognize heterosexual marriages.
It's pretty simple. The correct repsonse would be single.
No, you cannot - that would be an off topic for this forum. Why not stay focused at something more useful and relevant to the DV issue?
I beg to differ, the forum is for everyone and I do not see that you have the right to tell anyone not to bring an issue for discussion as this does have a direct bearing and relevance to his application. Additionally, this may well assist others. I believe only the Moderators have a right to tell us what is 'off topic'.
Perhaps you are a Moderator, if so let us all know!!!!!
As to whether he wishes to continue to discuss issues here, that is entirely up to him. I for one find this topic of interest as so much has been made of equality in USA.
Amalgam, I am glad to see you are seeking more definite answer. Here is another source: Lambda Legal, which does a lot more legal work than GLAD. This is their website:
http://www.lambdalegal.org/states-regions/national-headquarters.html
Hope this helps.
Here is a little bit of FAQ by Immigration Equality, though it is not geared towards DV specifically, but the arguments are still relevant in general for any immigration issue that bi-national same sex couples face:
http://www.immigrationequality.org/template.php?pageid=154
And of course, why not contact them and get another opinion to be sure? Good luck.
http://www.immigrationequality.org/template.php?pageid=154
And of course, why not contact them and get another opinion to be sure? Good luck.
I have a hypothetical question for you guys that I haven't found an answer to as of yet.
What exactly would happen if a gay couple who has children wins the lottery (say, a child is biologically from one parent and the other parent has officially adopted the child)? Can the child immigrate regardless of which parent wins (if it's under 21), and can the non-winning parent then go on to pursue a green card based on parent-child relations (even if it's the adoptive parent)?
It would be such a shitty situation if this happens to a family, by the way.
What exactly would happen if a gay couple who has children wins the lottery (say, a child is biologically from one parent and the other parent has officially adopted the child)? Can the child immigrate regardless of which parent wins (if it's under 21), and can the non-winning parent then go on to pursue a green card based on parent-child relations (even if it's the adoptive parent)?
It would be such a shitty situation if this happens to a family, by the way.
You contradict yourself. The forum is for everyone, and everyone has a right to tell anyone whatever he wants, unless the message violates existing rules of the forum.
No, it doesn't. It was "the whole marriage debate" that I wrote about, and it is irrelevant to the DV lottery.
I am not a moderator.